Senate Bill No. 631
(By Senators Prezioso, Buckalew, Kimble,
Hunter, Dittmar and Helmick)
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[Originating in the Committee on Military;
reported February 20, 1998.]
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A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; by adding
thereto a new article, designated article one-h, relating to
authorizing the adjutant general to establish morale,
welfare and recreation facilities at camp Dawson; creating
a board; powers and duties; use of moneys; tax exemption;
and limitation of use.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-h, to read
as follows:
ARTICLE 1H. CAMP DAWSON MORALE, WELFARE AND RECREATION
FACILITIES.
§15-1H-1. Legislative findings.
The Legislature finds that the state military reservation
known as camp Dawson is in need of morale, welfare and recreation
facilities to enhance the morale and welfare of military
personnel using the post.
The Legislature finds that there is a need for a board to
contract with private vendors to provide goods and services to
enhance the morale and welfare of military personnel using the
post and use the money received less expenses to make
improvements at camp Dawson.
§15-1H-2. Definitions.
(a) "Camp Dawson" means 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.
(b) "Board" means the camp Dawson morale, welfare and
recreation facility board.
(c) "Morale, welfare and recreation facility" means 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.
§15-1H-3. Creating the Camp Dawson morale, welfare and
recreation facilities board; powers and duties.
(a) The adjutant general is authorized to establish the camp
Dawson morale, welfare and recreation facilities board whose
purpose is to operate morale, welfare and recreation facilities
at camp Dawson which are necessary and proper for military
purposes.
(b) The board has the following powers and duties:
(1) To operate morale, welfare and recreation facilities at
camp Dawson with funds derived exclusively from the facilities'
sales or user fees and with no legislative appropriations for its
operations;
(2) Contract for goods and services on a competitive basis;
(3) Hire employees, who shall not be an employee of the
state, under such terms and conditions as it may negotiate,
subject only to applicable state and federal labor laws;
(4) Establish a system of bookkeeping, accounting and
auditing procedures for the proper handling of funds derived from
the facilities' operations; and
(5) Be solely responsible for the facilities' daily
operations and any debt incurred shall not constitute a debt of
the state, nor may any action of the board be deemed an action of
the state or obligate the state in any manner.
§15-1H-4. Rules.
The adjutant general shall promulgate rules for the operation of the morale, welfare and recreation facilities at
camp Dawson and the board created under this article.
§15-1H-5. Use of funds.
All proceeds derived from the operation of the morale,
welfare and recreation facilities at 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-6. Sales to be tax exempt.
Any sales made by the morale, welfare and recreation
facilities at camp Dawson shall be exempt from the payment of
state or local taxes.
§15-1H-7. Limitation of use.
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.