702 - Duties of department.

     § 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.