Sec. 9. (a) The adjutant general shall perform duties required by law, in rules adopted under this chapter, and in the statutes of the United States and required by the governor. If the adjutant general:

(1) fails or refuses to properly and efficiently perform the duties of the office; or

(2) is guilty of misconduct or conduct prejudicial to good order and military discipline;

written charges setting forth the acts involved shall be filed with the governor. The governor shall take action on the charges for the best interests of the service.

     (b) The adjutant general shall superintend the preparation of all returns and reports required by the United States from the state.

     (c) The adjutant general shall:

(1) keep a register of all the officers of the armed forces of the state; and

(2) keep in the adjutant general’s office all records and papers required to be kept and filed.

     (d) If necessary, the adjutant general shall, at the expense of the state, cause:

(1) the armed forces law;

(2) the general regulations of the state; and

(3) the uniform code of military justice of the United States;

to be printed, indexed, and bound in proper and compact form. One (1) copy of each publication shall be distributed to the commissioned officers, sheriffs, clerks of boards of county commissioners, and county treasurers of Indiana. The adjutant general shall issue to each commissioned officer and headquarters one (1) copy of the necessary textbooks and of such annual reports concerning the militia as the governor directs.

     (e) The adjutant general shall cause to be prepared and issued all blank books, blank forms, and blank notices required to implement this chapter. The books and blanks are property of the state.

     (f) The adjutant general shall attend to the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military and naval property belonging to the state or issued to it by the United States. The governor shall order the adjutant general to dispose of all military and naval property of the state that after a proper inspection is found unsuitable for the use of the state. The adjutant general shall dispose of the property:

(1) by public auction after advertisement of the sale weekly for three (3) weeks in at least one (1) newspaper published in the English language in the city or county where the sale is to take place;

(2) by private sale when ordered by the governor; or

(3) with the approval of the governor, by turning over the property to any other department, board, or commission of state government that can use the property.

If the adjutant general believes that better prices may or should be obtained, the adjutant general shall bid in the property or suspend the sale. All parts of uniforms before being offered for sale shall be mutilated so they cannot be again used as uniforms. The adjutant general shall periodically account to the governor of the sales made. The adjutant general shall expend the proceeds of the sales for the use and benefit of the military or naval forces of the state as the governor directs.

     (g) The adjutant general shall keep an accurate account of all expenses necessarily incurred, including the following:

(1) Pay of officers and enlisted persons.

(2) Allowances to officers and organizations.

(3) Pensions.

(4) Any other money required to be disbursed by the adjutant general, including the following:

(A) Subsistence of the national guard.

(B) Transportation of the national guard.

(C) Transportation of all military and naval property of the state or of the United States.

These expenses shall be audited and paid in the same manner as other military and naval accounts.

     (h) The adjutant general shall:

(1) issue military and naval property; and

(2) make purchases of military and naval property;

as the governor directs. Military or naval property may not be issued to persons or organizations other than those belonging to the state armed forces, except to those parts of the sedentary militia as the governor may call out.

     (i) The seal used in the office of the adjutant general on January 1, 1954, shall be:

(1) the seal of that office; and

(2) delivered by the adjutant general to the successor in office.

     (j) Except as provided in subsection (k), the adjutant general shall be the auditor of all military accounts payable by the state.

     (k) The state comptroller shall audit expenditures made by the adjutant general or through the adjutant general’s office. Copies of all orders and contracts relating to expenditures described in this subsection shall be filed in the state comptroller’s office.

[Pre-2003 Recodification Citation: 10-2-2-7.]

As added by P.L.2-2003, SEC.7. Amended by P.L.9-2024, SEC.315.