Section 52. Responsibility for public property


Latest version.
  • 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.