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)
[Introduced February 6, 1998; referred to the Committee
on Military; and then to the Committee on Finance.]
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
(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
(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
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
(1) Fails to go to his or her appointed place of duty at the
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or
unit, organization, or place of duty at which he or she
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
was absent without leave or for each day of annual
training or other duty from which he or she
was absent without
(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.
(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'
(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
(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
(3) Establish a system of bookkeeping, accounting and
auditing procedures for the proper handling of funds derived from
(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.
The adjutant general shall promulgate regulations for the
operation of morale, welfare and recreation facilities and any
nonappropriated fund instrumentality established under this
§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
§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
(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