Senate Bill No. 421

(By Senators Prezioso, McKenzie, Plymale, White, Fanning, Oliverio, Schoonover, Hunter, Ball, Minear, Kimble, Walker, Helmick, Bowman, Jackson, Craigo, Anderson, Kessler, Dittmar, Sharpe, Ross, Sprouse)

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[Introduced February 6, 1998; referred to the Committee
on Military; and then to the Committee on Finance.]
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A BILL to amend and reenact section seventeen, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eighty-seven, article one-e of said chapter; and to further amend said chapter by adding thereto a new article, designated article one-h, all relating to command pay; administrative allowance; creating a state offense of absence without leave; penalty; and authorizing the adjutant general to establish morale, welfare and recreation facilities upon camp Dawson.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section eighty-seven, article one-e of said chapter be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article one-h, all to read as follows:
ARTICLE 1B. NATIONAL GUARD.

§15-1B-17. Command pay; inspections; compensation for clerical services and care of property.

(a) There may be paid to each commander of a brigade, regiment, air wing, army group or other corresponding type organization, one hundred dollars per month and to each commander of a battalion, army squadron, air group or other equivalent type organization, fifty dollars per month, and to each commander of a company, air squadron or other equivalent type organization, twenty-five dollars per month, payable quarterly, to be known as command pay.
(b) There shall be allowed to each headquarters of a brigade, regiment, air wing, army group or equivalent type organization the sum of one hundred dollars per month and each headquarters of a battalion, army squadron, air group or corresponding type organization, the sum of fifty dollars per month for clerical services; and to each company air squadron or corresponding type unit, the sum of twenty-five dollars per month for like services, payable quarterly. The commandant of the West Virginia military academy shall be allowed the sum of twenty-five dollars a month, payable quarterly, for like services.
(c) At the discretion of the adjutant general, there may be paid to the enlisted man or woman who is directly responsible for the care and custody of the federal and state property of each organization or unit, the sum of ten dollars per month, payable quarterly, upon the certificate of his or her commanding officer, that he or she has faithfully and satisfactorily performed the duties assigned him or her and accounted for all property entrusted to his or her care.
(d) The adjutant general shall determine the amount of entitlement to command pay and clerical pay, not to exceed the amounts set forth in subsections (a) and (b) of this section, using organizational charts showing chain of command and authorized strengths and defining other equivalent type organizations.
(e) There shall be paid to the command administrative officer of the headquarters of the West Virginia army national guard and to the executive staff support officer of the headquarters of the West Virginia air national guard, or to the officer occupying a similar position, regardless of title, one hundred dollars per month, payable quarterly, to be known as a administrative allowance.
ARTICLE 1E. CODE OF MILITARY JUSTICE.
PART I. GENERAL PROVISIONS.

§15-1E-87. Absence without leave.

(a) Any person subject to this article who, without authority:
(1) Fails to go to his or her appointed place of duty at the time prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or her
unit, organization, or place of duty at which he or she is required to be at the time prescribed; shall be punished as a court-martial may direct.
(b) In addition, this offense constitutes a misdemeanor triable in the criminal courts of the state. Any person convicted hereunder shall be sentenced to confinement in the county jail one day for each unit training assembly from which he or she
was absent without leave or for each day of annual training or other duty from which he or she was absent without leave.
(d) The sentences prescribed herein are mandatory and shall not be subject to suspension, probation, reduction or home confinement.
Article 1H. MORALE, WELFARE AND RECREATION FACILITIES.
§15-1H-1. Definitions.
(1) "Camp Dawson" shall mean the state military reservation located near Kingwood, Preston County, West Virginia and any training areas, ranges or facilities located on or about said reservation used for military purposes.
(2) "Morale, welfare and recreation facility" shall mean any post exchange, canteen, barber shop, fitness center, snack bar, transient housing, billeting operation, laundry or similar facility, the purpose of which is to enhance the morale and welfare of military personnel.
(3) "Nonappropriated fund instrumentality" shall mean an enterprise operated exclusively with funds derived from sales or user fees, which receives no legislative appropriations for its' operations.
(4) "Nonappropriated fund employee" shall mean an employee of a nonappropriated fund instrumentality, who shall not be an employee of the state.
§15-1H-2. Morale, welfare and recreation facilities upon Camp Dawson; nonappropriated fund instrumentalities.
(a) The adjutant general is authorized to establish such moral, welfare and recreation facilities upon Camp Dawson as in his or her
judgement may be necessary and proper for military purposes.
(b)Notwithstanding any other provision of this code to the contrary, the adjutant general is authorized to establish a nonappropriated fund instrumentality for the purpose of operating said morale, welfare and recreation facilities.
(c) A nonappropriated fund instrumentality established under this section may:
(1) Contract for goods and services;
(2) Hire employees under such terms and conditions as it may negotiate, subject only to applicable state and federal labor laws; and

(3) Establish a system of bookkeeping, accounting and auditing procedures for the proper handling of funds derived from its' operations.
(d) A nonappropriated fund instrumentality established under this section shall be solely responsible for its' operations. No debt of said nonappropriated fund instrumentality shall constitute a debt of the state, nor may any action of said nonappropriated fund instrumentality be deemed an action of the state or obligate the state in any manner.
§15-1H-3. Regulations.
The adjutant general shall promulgate regulations for the operation of morale, welfare and recreation facilities and any nonappropriated fund instrumentality established under this article.
§15-1H-4. Use of funds.
All proceeds derived from the operation of the morale, welfare and recreation facilities on Camp Dawson shall, after the payment of operating expenses, notwithstanding any provision of this code to the contrary, be used exclusively for the improvement of Camp Dawson.
§15-1H-5. Sales to be tax exempt.
Any sales made by morale, welfare and recreation facilities upon Camp Dawson shall be exempt from the payment of state or local taxes.
§15-1H-6. Limitation on sales.
Use of the morale, welfare and recreation facilities provided for in this article shall be limited to:
(1) Active and reserve component members of the armed forces of the United States;
(2) Persons retired from the armed forces of the United States;
(3) Dependents of service members or retirees;
(4) Civilian employees of the department of defense; and
(5) Employees of the adjutant general's department.


NOTE: The purpose of this bill is to create a misdemeanor offense of absent without leave, provide for an administrative allowance for certain officers and authorizes the adjutant general to establish such morale, welfare and recreation facilities upon Camp Dawson.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§15-1H-1 et. seq. is new; consequently, underscoring has been omitted.