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Enrolled Version - Final Version Senate Bill 315 History

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ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 315

(Senator Wells, original sponsor)

____________

[Passed March 8, 2014; in effect from passage.]

____________

 

 

AN ACT to amend and reenact §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia Military Authority to administer national security, homeland security and other military-related or -sponsored programs; redefining “employee”; expanding with whom the authority may contract to include any state, territory or the District of Columbia; and authorizing the authority to accept and use funds from the federal government, any state and other specified entities for the purposes of national security, homeland security and other military-related or -sponsored programs.

Be it enacted by the Legislature of West Virginia:

    That §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1J. WEST VIRGINIA MILITARY AUTHORITY ACT.

§15-1J-3. Definitions.

    As used in this article, unless the content clearly indicates otherwise:

    (a) “Authority” means the West Virginia Military Authority.

    (b) “BRIM” means the West Virginia Board of Risk and Insurance Management.

    (c) “Guard” means West Virginia National Guard, including its army and air components.

    (d) “Employee” means any person who, within the at-will employment relationship, is hired to perform duties related to national security, homeland security and other military-related or -sponsored programs.

    (e) “PEIA” means Public Employees Insurance Act.

    (f) “PERS” means Public Employees Retirement System.

§15-1J-4. Establishment and general powers of the authority.

    (a) The West Virginia Military Authority is hereby established to administer national security, homeland security and other military-related or -sponsored programs.    (b) The authority will be administered by the Adjutant General and the Adjutant General's department.

    (c) Funds provided by the federal government and any state funds authorized by appropriation of the Legislature used as a required match to secure federal funding for programs administered by the authority pursuant to this section shall be administered by the Adjutant General subject to the provisions of article eleven, chapter four of this code.

    (d) Except as otherwise prohibited by statute, the authority, as a governmental instrumentality exercising public powers of the state, shall have and may exercise all powers necessary or appropriate to carry out the purpose of this article, including the authority to:

    (1) Execute cooperative agreements between the guard and the federal and/or state governments;

    (2) Contract on behalf of the guard with the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals;

    (3) Use funds administered by the authority pursuant to subsection (c) of this section for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the authority;

    (4) Accept and use funds from the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals for the purposes of national security, homeland security and other military-related or -sponsored programs;

    (5) Procure insurance with state funds through BRIM covering property and other assets of the authority in amounts and from insurers that BRIM determines necessary;

    (6) Hire employees at an appropriate salary equivalent to a competitive wage rate;

    (7) Enroll employees in PERS, PEIA and workers' compensation and unemployment programs, or their equivalents: Provided, That the authority, through the receipt of federal and/or state funds, pays the required employer contributions;

    (8) Cooperate with economic development agencies in efforts to promote the expansion of industrial, commercial and manufacturing in the state;

    (9) Develop a human resources division that will administer and manage its employees and receive state matching funds as necessary to ensure maximum federal funds are secured;

    (10) Due to the at-will employment relationship with the authority, its employees may not avail themselves of the state grievance procedure as set forth in article six-a, chapter twenty-nine of this code; and

    (11) Have the ability to secure all other bonding, insurance or other liability protections necessary for its employees to fulfill their duties and responsibilities.

 

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