US Laws, Codes, Statutes & Cases

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 3
                           EQUIPMENT AND ALLOWANCES
    46-305.  LOST OR DAMAGED EQUIPMENT -- LIABILITY OF RESPONSIBLE OFFICER. If
it should appear to the adjutant general that any arms, clothing, or equipment
or other property of the state or of the United States has not been safely or
properly stored within its limits and to the extent of the facilities
available for such storage purposes, or to have been damaged, or lost through
neglect or to have been disposed of in any manner, or used for purposes other
than those for which said property was issued, and a surveying officer shall
find that the officer in command of the organization or detachment is
responsible for the damage or damages occurring to said property through
neglect or by reason of failure in carrying out his instructions as to care,
use, or safekeeping of said property, the responsible officer shall pay to the
adjutant general the amount of damage or damages assessed by the surveying
officer. If the responsible officer shall fail to make such payment within
thirty (30) days from date of mailing of notice by the adjutant general that
such payment for damage has been assessed against said officer, the adjutant
general through the attorney general shall prosecute upon the bond given by
the responsible officer: provided, that no damage or damages shall be assessed
against any officer in excess of the price to be charged for said article as
prescribed by the department of the army or department of the air force in the
case of property of the United States, nor for a greater amount than the
actual cost of the articles when purchased in the case of state property. All
sums received for loss or damage to state property shall be paid into the
state treasury and credited to the general fund; and all sums received for
loss or damage to property of the United States shall be disposed of in
accordance with the provisions of the applicable federal law and regulations
issued thereunder.