H. B. 2755


(By Delegate Givens)
[Introduced February 12, 1999; referred to the
Committee on Veterans' Affairs then Finance.]




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.

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. MORALE, WELFARE AND RECREATION FACILITIES.
§15-1H-1. Definitions.
As used in this article:
(1) "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 the reservation used for military purposes.
(2) "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.
(3) "Nonappropriated fund instrumentality" means an enterprise operated exclusively with funds derived from sales or user fees, which receives no legislative appropriations for its operations.
(4) "Nonappropriated fund employee" means an employee of a nonappropriated fund instrumentality, who is not 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 morale, welfare and recreation facilities upon Camp Dawson as in his or her judgment may be necessary and proper for miliary 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 the 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 terms and conditions as it may negotiate, subject only to applicable state and federal labor laws;
(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 is solely responsible for its operations. No debt of the nonappropriated fund instrumentality is a debt of the state. No action of the nonappropriated fund instrumentality is an action of the state, nor does it 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 are 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 are 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.




This article is new; therefore, strike-throughs and underscoring have been omitted.