26-233. Loss or destruction of property by
national guard member; determination of responsibility; payment of
federal claims or for replacement property
A. A member of the national guard who by gross negligence or wilfulness destroys,
loses or allows state or federal property to be lost or destroyed shall from personal
funds reimburse the state or federal government for the cost thereof. The responsible
officer shall submit a report of survey to the adjutant general. Upon receipt of the
report the adjutant general shall, if the property lost or destroyed is federal property,
forward the report to the national guard bureau for determination of responsibility, or,
if the property is state property, the adjutant general shall determine the
responsibility and his decision shall be final.
B. If the adjutant general finds that federal property has been lost through no
fault or neglect and the state is called upon to replace or pay for the property, the
department of administration division of finance shall pay claims assessed against the
state by the federal government, or if it is to the advantage of the state, shall accept
and pay claims incurred by the adjutant general in purchasing property from other sources
to replace lost federal property. The claims shall be paid from funds of the state
appropriated to the national guard for that purpose.
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