ENROLLED
H. B. 2719
(By Delegates Givens, Yeager,
Thompson and Kelley)
[Passed March 12, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section four, article six, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
six-a, all relating to authorizing the governor to designate
a person to serve on the state armory board in his or her
place; and transferring certain functions of the board to
the adjutant general.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter fifteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section six-a, all to read as follows:
ARTICLE 6. STATE ARMORY BOARD.
§15-6-4. State armory board -- Generally.
The state armory board is continued. The board may sue and
be sued, and plead and be impleaded. It is a body corporate and is an agency of the state. The exercise by the board of the
powers conferred by this article in the acquisition, financing,
construction, operation and maintenance of armories and armory
projects is an essential governmental function. The board
consists of the governor or his or her designee, the secretary of
state and the auditor. The governor or his or her designee, is
chairman of the board and the secretary of state is the secretary
of the board. Two members of the board is a quorum and the vote
of two members is necessary for any action taken by the board.
The members and officers of the board are not entitled to
compensation for their services, but each member shall be
reimbursed for expenses necessarily incurred in the performance
of his or her duties.
§15-6-6a. Transfer of powers and duties to the adjutant general.
(a) Notwithstanding the provisions of sections five and six
of this article, all powers and duties of the state armory board,
with respect to any armory or armory project upon which there is
no bonded indebtedness, and the income of which is not dedicated
to retire any bonded indebtedness, to maintain, repair, operate,
manage and control the armories; to fix, revise charge and
collect rentals; to establish bylaws and rules for their use and
operation; to enter into contracts and other agreements; and to
manage and control the financial operations of armory facilities,
are hereby transferred to the adjutant general.
(b) The adjutant general shall transfer any moneys
appropriated to the adjutant general necessary for operation and maintenance of those national guard armories secured by bonded
indebtedness to the state armory board, and these moneys may not
be commingled with other funds. With respect to all other
appropriated moneys, whether from state or federal funds, the
adjutant general has signature authority with respect to the
management of state armory facilities, is authorized to issue
requisitions upon the auditor for payment of money out of the
state treasury and has all the powers of the principle officer of
a state spending unit.
(c) The special revenue account of the state armory board
provided for in section ten of this article and designated the
"general armory fund," together with all unexpended balances
remaining in the account on the first day of July, one thousand
nine hundred ninety-nine, shall be transferred on that date to
the adjutant general.