Legislation
SECTION 52
Responsibility for public property
Military (MIL) CHAPTER 36, ARTICLE 2
§ 52. Responsibility for public property. 1. Public property of the
state and of the United States shall be issued, kept, stored,
safeguarded, maintained, inventoried, inspected, surveyed and disposed
of; and responsibility and accountability for public property, liability
for the loss, damage or destruction thereof and relief from such
responsibility, accountability and liability shall be fixed and
determined by the chief of staff; as provided in applicable laws of the
United States, regulations issued thereunder or regulations issued
pursuant to this chapter.
2. When public property is lost, damaged or destroyed through the
negligence or fault of a member of the organized militia, the amount
determined as the value of such property or the cost of repairing the
same may be collected from any pay or allowance due or to become due him
from the state. Such amount may also be collected from the military fund
or other allowances payable by the state to the unit of the organized
militia to which such member belonged at the time such property was
lost, damaged or destroyed, or such amount may be deducted one-half in
successive calendar years from any fund, allowance or money due or to
become due such unit from the state.
3. An action may be maintained by the people of the state in any court
having jurisdiction thereof by the attorney-general upon the request of
the chief of staff to recover from a member or former member of the
organized militia found responsible for public property lost, damaged or
destroyed through his negligence or fault the amount determined as the
value of such property or the cost of repairing the same. Monies so
recovered shall be paid into the military fund of the unit to which such
member or former member belonged at the time such property was lost,
damaged or destroyed.
state and of the United States shall be issued, kept, stored,
safeguarded, maintained, inventoried, inspected, surveyed and disposed
of; and responsibility and accountability for public property, liability
for the loss, damage or destruction thereof and relief from such
responsibility, accountability and liability shall be fixed and
determined by the chief of staff; as provided in applicable laws of the
United States, regulations issued thereunder or regulations issued
pursuant to this chapter.
2. When public property is lost, damaged or destroyed through the
negligence or fault of a member of the organized militia, the amount
determined as the value of such property or the cost of repairing the
same may be collected from any pay or allowance due or to become due him
from the state. Such amount may also be collected from the military fund
or other allowances payable by the state to the unit of the organized
militia to which such member belonged at the time such property was
lost, damaged or destroyed, or such amount may be deducted one-half in
successive calendar years from any fund, allowance or money due or to
become due such unit from the state.
3. An action may be maintained by the people of the state in any court
having jurisdiction thereof by the attorney-general upon the request of
the chief of staff to recover from a member or former member of the
organized militia found responsible for public property lost, damaged or
destroyed through his negligence or fault the amount determined as the
value of such property or the cost of repairing the same. Monies so
recovered shall be paid into the military fund of the unit to which such
member or former member belonged at the time such property was lost,
damaged or destroyed.