CHAPTER 10. PUBLIC PROPERTY AND MILITARY EQUIPMENT
IC 10-16-10
Chapter 10. Public Property and Military Equipment
IC 10-16-10-1
Security of property; pecuniary liability of officers and enlistedpersonnel
Sec. 1. (a) The officer in permanent or temporary command of astation is responsible for the security of all public property of thecommand, whether in use or in store. Although for purposes ofperiodical accountability to proper authorities, the public propertyhas been officially accepted and receipted for by any subordinateofficers, the commanding officer is responsible and pecuniarily liablefor the strict observance of the regulations in regard to itspreservation, use, and issue. The officer shall take care that:
(1) all storehouses are properly guarded;
(2) only reliable agents are employed; and
(3) only trustworthy enlisted persons are detailed for duty instorehouses or in connection with the property.
(b) If an officer, a soldier, or an airman responsible for state andfederal property:
(1) resigns;
(2) is promoted;
(3) is dismissed; or
(4) is discharged;
the officer, soldier, or airman shall deliver all arms, accoutrements,or stores only to the officer appointed to receive the arms,accoutrements, or stores and take duplicate receipts for the arms,accoutrements, or stores and file a duplicate receipt with the adjutantgeneral. In case of the death of an officer, a soldier, or an airmanresponsible for state and federal property, the next in command shallimmediately take charge of the arms, accoutrements, or stores anddeliver them to the person appointed to receive the arms,accoutrements, or stores. However, if the officer, soldier, or airmanis commissioned in place of the deceased, the officer, soldier, orairman shall execute and file duplicate receipts for the arms,accoutrements, and stores with the adjutant general.
(c) An officer responsible for state and federal property shall becharged for any damage to or loss or destruction of the propertyunless the officer shows to the satisfaction of the adjutant general, byproper evidence, that the damage, loss, or destruction was caused byunavoidable causes and without fault or neglect on the officer's part.
(d) If an article of state or federal property is lost or damaged bythe neglect or fault of an officer, a soldier, or an airman, the officer,soldier, or airman shall pay for the value of the property or the costof repairs, in a sum to be determined by the proper authority, uponthe demand of the adjutant general.
(e) The amount charged against an enlisted solider or airman onthe muster and payrolls for loss of or damage or repairs to militaryproperty may not exceed the value of the article or cost of repairs.The charge may only be made: (1) on conclusive proof; and
(2) with an inquiry if the soldier or airman demands it.
(f) The adjutant general may pay from the funds appropriated tothe military department for operating expenses the expensesnecessary for the apprehension and prosecution of any personabsconding with property belonging to the state or United States ifthe person is not in Indiana.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-2
Board of survey; collection of damages or losses
Sec. 2. (a) If an officer, a soldier, or an airman or a former officer,soldier, or airman responsible for any national guard, state or federalequipment, property, or military stores has:
(1) failed to return the property or any part of the property ondemand of proper authority;
(2) damaged the property beyond the injury resulting from thenecessary use of the arms or other issues; or
(3) caused a deficiency in the number or quantity of the stateand federal arms, property, or military stores;
the amount of the unnecessary damages or losses shall be determinedby a board of survey appointed in accordance with appropriatenational guard regulations.
(b) The amounts due under subsection (a) shall be collected bylaw in the name of the state of Indiana and paid into the state militaryfund.
(c) The attorney general shall bring the suit in the name of thestate of Indiana and cause the amounts collected to be paid into thestate military fund.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-3
Items exempt from execution for debt
Sec. 3. The uniforms, arms, and equipment of a member of thenational guard, together with any military property of anydetachment company, battery, battalion, regiment, division, airsquadron, or group, are exempt from execution for debt.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-4
Property no longer of value to national guard
Sec. 4. If property owned by the state for the use of the Indiananational guard is determined by the governor or the adjutant generalto not be of value to the Indiana national guard, the governor or theadjutant general may enter in the records of the military departmentan entry to the effect that the property is not valuable to the Indiananational guard.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-5 Sales of property no longer of value to national guard
Sec. 5. (a) If an entry under section 4 of this chapter is made, thegovernor or adjutant general may order the property sold at public orprivate sale as in their judgment will be for the best interests of thestate.
(b) Payment for a sale of property under subsection (a) shall bemade in cash to the adjutant general who shall:
(1) enter of record the receipt of the money;
(2) turn the property over to the purchaser; and
(3) pay the money to the treasurer of the state.
The money becomes and remains a part of the military fund to beused for the benefit of the Indiana national guard.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-6
Loan companies or pawnbrokers; reports
Sec. 6. A loan company or pawnbroker that possesses a licenseissued by the state or by a municipal corporation shall make a report,in writing, to the adjutant general, on a form prescribed andfurnished by the adjutant general, showing, by item and serialnumber, all property of the United States government:
(1) received as security for a loan or loans of money; or
(2) purchased or otherwise obtained without the advancementof a loan;
and which is marked with the words "Property of the United StatesGovernment" or is stamped as to indicate that it is the property ofone (1) of the military branches of the United States government.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-7
Loan companies or pawnbrokers; permits to sell governmentproperty
Sec. 7. A loan company or pawnbroker may not sell or otherwisedispose of any property described in section 6 of this chapter, unlessthe loan company or pawnbroker has obtained a written permit fromthe adjutant general authorizing the sale or disposition of theproperty and that states that the property:
(1) cannot be identified as being the property of the UnitedStates government or of any of its military branches; and
(2) may be lawfully sold or otherwise disposed of according tothe laws of Indiana and the United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-8
Seizure of military property
Sec. 8. (a) An officer shall report illegal disposition of property.
(b) All law enforcement officers and all commissioned andnoncommissioned officers of the national guard shall seizeimmediately all military property:
(1) found in the possession of any person who is not the legal
custodian or owner of the property; or
(2) from a person who may secrete, sell, dispose of, offer forsale, purchase, or retain the military property;
after a demand has been made upon the person or the person's legalrepresentative for the return of the military property.
(c) A law enforcement officer, commissioned officer, ornoncommissioned officer of the national guard shall report theofficer's action to the adjutant general.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-9
Payment of bills or accounts
Sec. 9. (a) A bill or an account may not be made by an officer orenlisted person with a view of the bill or account being paid by thestate unless the expenditure is expressly authorized by the laws ofIndiana or the adjutant general.
(b) An account may not be paid unless it is accompanied byvouchers or receipts showing by whomever paid or are to be paid, towhom paid, date of service, authority for, and amount of theexpenditure, and for what purpose the expenditure was made.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-10
Failure to account for money or property
Sec. 10. A personal payment may not be made under this articleto the accountable officer of an organization or unit who does notfully and satisfactorily account to the adjutant general for all moneypaid or property issued to the accountable officer under this article.
As added by P.L.2-2003, SEC.7.
IC 10-16-10-11
Accounting of state and federal property; use of public propertyfor personal benefit prohibited
Sec. 11. (a) Federal property loaned to the state for use by theIndiana national guard or other purposes shall be issued andaccounted for in the manner prescribed by national guard regulationsor other pertinent federal directives.
(b) State property shall be issued and accounted for in the mannerprescribed by the governor or state laws.
(c) All public property:
(1) shall be used in the manner and for the purposes intended inthe public service; and
(2) may not be used by an individual for the individual'spersonal benefit, pleasure, or gain.
As added by P.L.2-2003, SEC.7.