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Introduced Version House Bill 4627 History

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H. B. 4627

 

(By Delegates C. Miller, Sobonya, Snuffer, Sumner, Savilla and Kump)


      [Introduced February 20, 2012; 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 it is 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 any employee of either acting in his or her official capacity, nor any member of the West Virginia National Guard or military forces of the state, when the member is serving in the West Virginia National Guard or 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.

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