ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 532
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
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[Originating in the Committee on Government Organization;
reported March 3, 1998.]
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A BILL to repeal article six, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article one-h, all relating to state armories; eliminating the state armory board and transferring its powers, duties, authority and responsibilities to the adjutant general; powers, duties, authority and responsibilities of the adjutant general; exempting armories and related properties from taxation; authorizing the issuance of bonds with the concurrence of the board of public works; terms of bonds; use of proceeds from the bond; and transfer of moneys in existing accounts to the adjutant general.

Be it enacted by the Legislature of West Virginia:
That article six, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that said chapter be further amended by adding thereto a new article, designated article one-h, all to read as follows:
ARTICLE 1H. STATE ARMORY FACILITIES.
§15-1H-1. Legislative purpose and authority.
In order to provide modern and efficient facilities for the training, operations, supply and administration of the national guard; to provide for the defense of the state in time of war and to repel invasion and suppress insurrection; to provide facilities for use in time of fires, floods, riots and other natural and manmade disasters; to provide public meeting places; and to promote the general welfare, the adjutant general is hereby authorized and empowered to construct, acquire, improve, maintain, repair and operate armories and armory projects.
§15-1H-2. Definitions.
As used in this article:
(a) "Armory" means the buildings, areas and centers and the equipment and other facilities appurtenant thereto, including armories, arsenals, ranges, campgrounds, service centers, training areas, containment areas and warehouses, used for the training, administration, operations and maintenance of the national guard or any combination or combinations thereof, and any other equipment and facilities incorporated therein for the accomplishment of the purposes set forth in section one of this article.
(b) "Armory project" or "project" means collectively the acquisition and construction of buildings, structures and other works, together with all roads, incidental approaches and other facilities appurtenant thereto and all property, rights, easements and other interests, which the adjutant general shall determine to construct, acquire or improve under the provisions of this article in order to provide new or improved military facilities, and the necessary maintenance and equipment therefor.
(c) "Cost of project" means the cost of construction; the cost of all land, rights-of-way, property rights, easements and interest acquired by the adjutant general for such construction; the cost of all property, material, labor, machinery and equipment deemed essential thereto; cost of improvements, financing charges, interest during construction and for a period not to exceed one year after completion of construction; cost of preliminary estimates, plans, surveys and other expenses necessary or incident to determining the feasibility or practicability of construction of the project; administrative expenses; and all other expenses, including legal fees, trustees', engineers' and architects' fees which may be necessary or incident to the financing, construction and placing of the project in operation.
(d) "Rent" or "rental" means all moneys received for the use of any part of the project, whether from the state of West Virginia, or any officer, department or public corporation thereof, or from any private corporation or person: Provided, That nothing in this article shall be taken to authorize the payment by or on behalf of the state of any rent in excess of the fair rental value of the property used by or for such state officer, or department, or public corporation in the exercise of their statutory duties.
§15-1H-3. Duties.
The adjutant general's duties include:
(a) Responsibility for the acquisition, construction and disposition of armories;
(b) Properly maintain, repair, operate, manage and control all armories;
(c) Fix the rates of rental of armories;
(d) Propose rules for legislative promulgation, in accordance with article three, chapter twenty-nine-a of this code, for the armories' use and operation;
(e) Make and enter into all contracts and agreements necessary and incidental to the performance of his or her duties under this article;
(f) Audit and approve all bills, claims and accounts in connection with the construction, acquisition, maintenance, repair and operation of all armories before such bills, claims and accounts shall be paid; and
(g) Perform such other duties as this article may require or as may be otherwise required by law.
§15-1H-4. Powers of the adjutant general.
The adjutant general is hereby authorized and empowered:
(a) To construct, maintain, repair, operate and dispose of armories and armory projects at such locations within the state as may be determined by him or her to be necessary.
(b) To contract and to acquire in the name of the state by purchase or otherwise on such terms and in such manner as he or she deems proper, or by the exercise of the right of condemnation in the manner hereinafter provided, such public or private lands, including public parks or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests, as he or she deems necessary for carrying out the provisions of this article; and to dispose of the same in accordance with the law: Provided, That no compensation shall be paid for public lands owned by the state or any subdivision thereof so taken and that all public property damaged in carrying out the powers granted by this article, shall be restored or repaired and placed in its original condition as nearly as practicable.
(c) To acquire, hold and dispose of real and personal property in the exercise of his or her power.
(d) To make and execute all contracts, agreements and other instruments necessary or incident to the performance of his or her duties under this article.
(e) To receive and accept from any federal agency grants for or in aid of armory projects, and to receive and accept aid or contributions of either money, property, labor or other things of value, from any source including counties, municipalities, boards of education and other political subdivisions or agencies of the state.
(f) To charge rent for the use of any armory or armory project, or any part thereof.
(g) To enter upon any lands or premises for the purposes of making surveys, soundings and examinations.
(h) To do all things necessary or convenient to carry out the powers granted in this article, including the management and use of armories and armory projects not inconsistent with their use by the state for armory purposes as defined herein.
§15-1H-5. Rentals and other revenues from armories.
The adjutant general is hereby authorized to fix, revise, charge and collect rent for the use of armories or any part or parts thereof; and to contract with the board of education, with any other officer, department or public corporation or political subdivision thereof and with any person, partnership, association or corporation desiring the use thereof, and to fix the terms, conditions, rents and rates of charges for such use: Provided, That the primary purpose of armories shall be their use by the national guard, and their use by other than the national guard shall be subject to and shall not interfere with such primary purpose.
Such rents shall be so fixed and adjusted in respect of the aggregate of rents from armories in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenues, if any, to pay: (a) The cost of maintaining, repairing and operating such armories; and (b) the principal of and interest on such bonds as the same shall become due and payable, and to create reserves for such purposes.
All rents and other revenues received from the use of armories shall be paid into a special account known as the "general armory fund" and shall be used solely for the purposes of this article. In addition, the adjutant general may transfer such amounts as he or she deems necessary from unclassified general revenue funds to the general armory fund for the purposes of this article.
§15-1H-6. Title to armory property, etc., to vest in state.
Title to all property, armories and armory projects, upon delivery and acceptance, shall vest in the state and shall be held in the name of the state. The adjutant general may, upon such terms as he or she may deem to be in the best interest of the state, transfer title to any armory to the United States, but may provide for the retention by the state of civil and police jurisdiction through such armory and a right to tax persons residing thereon.
All money received by the adjutant general from any armory sold, damaged or destroyed, shall be deposited in the special revenue account of the adjutant general, and may be expended for the construction, acquisition or improvement of armories under the provisions of this article.
§15-1H-7. Acquisition of property for armory projects; condemnation.
The adjutant general is hereby authorized and empowered to acquire by purchase, whenever he or she shall deem such purchase expedient, any land, property, rights, rights-of-way, franchises, easements and other interests in lands as he or she may deem necessary or convenient for the construction or operation of any armory or armory project upon such terms and at such price as may be considered by him or her to be reasonable and can be agreed upon with the owner thereof, and to take title thereto in the name of the state.
Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated, or is absent, unknown or unable to convey valid title, the adjutant general is hereby authorized and empowered to acquire, by the exercise of the power of condemnation in accordance with and subject to the provisions of any and all existing laws and statutes applicable to the exercise of the power of condemnation of property for public use, any land, property, rights, rights-of-way, franchises, easements or other property deemed necessary or convenient for the construction or the efficient operation of any armory project or necessary in the restoration of public or private property damaged or destroyed.
§15-1H-8. Preliminary expenses of armory projects.
The adjutant general is hereby authorized in his or her discretion to expend out of any funds available for the purpose such moneys as may be necessary for the study of any preliminary armory project or projects and for making necessary estimates, plans and surveys to determine the feasibility of the construction and financing thereof.
§15-1H-9. County or municipal aid for armory purposes.
Any county or municipality or two or more municipalities jointly may raise and appropriate money in the aid of the acquisition, construction, maintenance, repair and improvement of any armory located therein, and may make such further provisions for the maintenance and improvement of such armory and its joint use with the national guard as may be deemed necessary.
§15-1H-10. Disposition of abandoned and unsuitable armories or armory facilities.
Whenever any armory shall be no longer needed by the national guard, or other military organization, or in the judgment of the adjutant general is unsuitable for military purposes, the adjutant general has the authority and is expressly empowered to sell, transfer and convey such armory to the municipality, county or county board of education or any two or more of the same or combination thereof in which the same is located, for public purposes, upon such terms as he or she may deem to be in the best interest of the state: Provided, That if such municipality, county or board of education shall not purchase such armory, the adjutant general shall then be authorized to sell, lease, transfer or convey the same to any person, firm or corporation upon such terms as he or she may deem to be in the best interest of the state.
§15-1H-11. Exemption of armories, etc., from taxation.
The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, and, as the construction, acquisition, improvement, operation and maintenance of armories will constitute the performance of essential governmental functions, the adjutant general shall not be required to pay any taxes or assessments upon any armory or any property acquired or used by him or her under the provisions of this article or upon the income therefrom.
§15-1H-12. Authority to issue revenue bonds.
The adjutant general is hereby empowered to raise the cost of armory projects by the issuance of revenue bonds of the state of West Virginia. Such bonds shall be authorized by concurrence of the board of public works. The form of said bonds and any coupons attached thereto, their denominations, the rate of interest which such bonds shall bear, the maturity dates, number of times per year which interest shall be payable, place of payment, terms of redemption and all other particulars shall be determined at the time of issue, according to prevailing commercial practices.
§15-1H-13. Proceeds from sale of bonds.
The proceeds of the sale of any bonds issued under this article shall be deposited in the special revenue account of the adjutant general and used for the purposes authorized herein.
§15-1H-14. Transfer of existing accounts.
Account number ZAB-0-9-XX-1-ZA-15 shall be transferred to the use of the adjutant general's department to be used for the purpose of this article.