Court Opinions

State Laws

US Code

US Constitution

Duties of department - 51 Pa. Cons. Stat. § 702

Legal Research Home > Pennsylvania Statutes

     § 702.  Duties of department.
        The department shall have the power and its duty shall be:
            (1)  To distribute all orders from the Governor as
        Commander-in-Chief and perform such other duties as the
        Governor as Commander-in-Chief shall direct.
            (2)  To perform such duties and employ the power
        delegated to the department and the Adjutant General by the
        laws of the United States and the rules and regulations
        promulgated thereunder.
            (3)  To be an office of permanent record for all
        personnel papers, documents and forms pertaining to the
        Pennsylvania National Guard except where the laws of the
        United States require certain papers, documents or forms to
        be kept permanently in the National Guard Bureau or other
        department or section of the Department of the Army, or
        Department of the Air Force, as the case may be; to be an
        office of permanent record for personnel papers, documents
        and forms pertaining to the Pennsylvania Guard.
            (4)  To procure from the proper agency of the Department
        of Defense all authorized equipment, to ensure that such
        equipment is issued to the Pennsylvania National Guard and to
        keep all books and records, to account for said property and
        make those returns and reports concerning it as required by
        law.
            (5)  To keep in its custody all books and accounts of
        military property of the Commonwealth issued to Pennsylvania
        military forces and to safely and properly store such
        property when not issued.
            (6)  To pay the troops and make all other disbursements
        by requisition as otherwise provided by law.
            (7)  To supply to all officers, organizations and units,
        publications of laws, regulations and rules prescribed for
        use of Pennsylvania military forces.
            (8)  With the approval of the Governor as Commander-in-
        Chief, to sell or exchange, from time to time, such military
        stores belonging to the Commonwealth as are found to be
        unserviceable or in state of decay, or which it may be deemed
        for the best interest of the Commonwealth to sell or
        exchange, but if the department is unable to obtain a bid for
        the property, it may be demolished or destroyed. The
        destruction of the property shall be witnessed by three
        disinterested officers of the Pennsylvania National Guard or,
        when organized, Pennsylvania Guard, and their certificate
        shall constitute proper authority to issue a voucher for
        marking off the property. All moneys received for stores so
        sold shall be paid into the State Treasury through the
        Department of Revenue.
            (9)  To audit and adjust all claims incident to the
        organization, training, discipline, maintenance and service
        of the Pennsylvania National Guard and Pennsylvania Guard,
        other than fixed allowances, and to pay such claims when
        audited and adjusted, but all claims paid thereunder shall be
        subject to audit by the Department of the Auditor General.
            (10)  To appoint a board of not less than three
        commissioned officers of the Pennsylvania National Guard for
        the purpose of investigating claims for damages based on
        injuries to persons, or damages to property, arising out of
        accident or negligence, and incident to the organization,
        training, discipline, maintenance and service of the
        Pennsylvania National Guard and, upon the recommendation of
        the board so appointed, to adjust and pay such claims for
        damages. Each claim shall be in an amount not exceeding
        $2,500. All claims paid hereunder shall be subject to audit
        by the Department of the Auditor General. No claim shall be
        paid under the provisions of this paragraph when such claim
        has arisen from the operation of Commonwealth owned or
        Federally owned automobiles, when operated by Commonwealth
        officers or employees or officers and enlisted personnel of
        the Pennsylvania National Guard.
            (11)  To investigate the circumstances and to determine
        the amount of relief or pension payable as a result of the
        death or disability of a member of the Pennsylvania National
        Guard; to establish rules governing the filing of claims for
        pension or relief and to grant such pension or relief, under
        the laws of this Commonwealth concerning members of the
        Pennsylvania National Guard.
            (12)  To investigate the circumstances and adjudicate in
        accordance with Title 2 (relating to administrative law and
        procedure) complaints of violations of Chapters 41 (relating
        to rights and immunities) and 73 (relating to military leave
        of absence), including complaints of employment
        discrimination against and violation of reemployment rights
        of members of the National Guard and other reserve components
        of the armed forces of the United States. The authority
        granted in this paragraph shall not extend to those
        circumstances that the Federal Government has jurisdiction to
        investigate.
     (Dec. 17, 1990, P.L.700, No.174, eff. imd.)

        1990 Amendment.  Act 174 added par. (12), retroactive to
     August 1, 1990.

Last modified: November 27, 2007