Introduced Version
House Bill 2218 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2218
(By Delegates Miller and Sobonya)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §15-1-6 of the Code of West Virginia,
1931, as amended, relating to restricting certain aid to the
Armed Forces of the United States by West Virginia agencies
and employees that would place them in violation of the United
States Constitution, the Constitution of West Virginia, any
provision of the Code of West Virginia, any act of the
Legislature or any rule in the West Virginia Code of State
Rules.
Be it enacted by the Legislature of West Virginia:
That §15-1-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. MILITARY FORCES OF THE STATE.
§15-1-6. Federal law and regulations.
(a) The duty of maintaining and governing the military forces of the state not in the service of the United States rests upon the
state, subject to Constitutional authority. The purpose of such
the forces are twofold; national defense and service of the state.
Their efficiency for both purposes necessarily depends upon
systematic uniformity in organization, composition, arms,
equipment, training and discipline with the Armed Forces of the
United States and the military forces of other states. Therefore,
the Governor shall cause the military forces of the state to
conform to all federal laws and regulations applicable to the
same, unless the same shall be applicable federal laws and
regulations unless these are incompatible with the state purpose of
such the forces.
(b) All matters relating to the organizations, discipline and
government of the military forces of the state, not otherwise
provided for in this chapter or in regulations, shall be decided by
custom, usage and regulations of the Armed Forces of the United
States.
(c) Notwithstanding any other provision of law, no agency or
political subdivision of this state or their employees, acting in
an official capacity, nor a member of the West Virginia National
Guard or military forces of the state, when the member is serving
in the West Virginia National Guard, military forces of the state
on state duty or in the service of the state, may aid an agency of
the Armed Forces of the United States in the conduct of the investigation, prosecution or detention of any citizen of the
United States pursuant to 50 U.S.C. § 1541 as provided by the
National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-
18, § 1021) if the aid would place the state agency, political
subdivision, employee of the state agency or political subdivision,
or the member of the West Virginia National Guard or militia, in
violation of the United States Constitution, the Constitution of
West Virginia, any provision of the Code of West Virginia, any act
of the Legislature or any rule in the West Virginia Code of State
Rules.
NOTE: The purpose of this bill is to restrict certain aid to
the Armed Forces of the United States by West Virginia agencies and
employees that would place them in violation of the United States
Constitution, the Constitution of West Virginia, any provision of
the Code of West Virginia, any act of the Legislature or any rule
in the West Virginia Code of State Rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.