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West Virginia Code


Chapter 15     Entire Code
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Chapter 15  |  Article 15 - 1J  |  Section 4
WVC 15 - 1 J- 1 §15-1J-1. Short title.
This article shall be known and may be cited as the West Virginia Military Authority Act.

WVC 15 - 1 J- 2 §15-1J-2. Legislative findings.
The Legislature finds that the West Virginia National Guard is a unique entity that has a dual mission for both West Virginia and the United States. In this dual capacity, the West Virginia National Guard receives funds to administer programs, including the hiring of employees, that the federal government, including the Department of Defense, provides to the guard in support of specific activities for various federal agencies for national security and homeland security purposes. These programs fulfill specific agency purposes and necessarily require continued funding by the federal government.

Additionally, the guard continues to receive federal funding to develop and maintain capabilities to house, refurbish, rebuild and maintain military equipment and conduct other test and operational activities to support national and homeland security objectives. These activities require the guard to hire persons who will be compensated, in whole or in part, with federal funds. It is further determined and declared that it is necessary for the guard to develop and implement a procedure for hiring and management of nonmilitary employees to support its specific missions.

WVC 15 - 1 J- 3 §15-1J-3. Definitions.

     As used in this article, unless the content clearly indicates otherwise:

     (a) "Authority" means the West Virginia Military Authority.

     (b) "BRIM" means the West Virginia Board of Risk and Insurance Management.

     (c) "Guard" means West Virginia National Guard, including its army and air components.

     (d) "Employee" means any person who, within the at-will employment relationship, is hired to perform duties related to national security, homeland security and other military-related or -sponsored programs.

     (e) "PEIA" means Public Employees Insurance Act.

     (f) "PERS" means Public Employees Retirement System. WVC 15 - 1 J- 4 §15-1J-4. Establishment and general powers of the authority.

     (a) The West Virginia Military Authority is hereby established to administer national security, homeland security and other military-related or -sponsored programs.     (b) The authority will be administered by the Adjutant General and the Adjutant General's department.

     (c) Funds provided by the federal government and any state funds authorized by appropriation of the Legislature used as a required match to secure federal funding for programs administered by the authority pursuant to this section shall be administered by the Adjutant General subject to the provisions of article eleven, chapter four of this code.

     (d) Except as otherwise prohibited by statute, the authority, as a governmental instrumentality exercising public powers of the state, shall have and may exercise all powers necessary or appropriate to carry out the purpose of this article, including the authority to:

     (1) Execute cooperative agreements between the guard and the federal and/or state governments;

     (2) Contract on behalf of the guard with the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals;

     (3) Use funds administered by the authority pursuant to subsection (c) of this section for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the authority;

     (4) Accept and use funds from the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals for the purposes of national security, homeland security and other military-related or -sponsored programs;

     (5) Procure insurance with state funds through BRIM covering property and other assets of the authority in amounts and from insurers that BRIM determines necessary;

     (6) Hire employees at an appropriate salary equivalent to a competitive wage rate;

     (7) Enroll employees in PERS, PEIA and workers' compensation and unemployment programs, or their equivalents: Provided, That the authority, through the receipt of federal and/or state funds, pays the required employer contributions;

     (8) Cooperate with economic development agencies in efforts to promote the expansion of industrial, commercial and manufacturing in the state;

     (9) Develop a human resources division that will administer and manage its employees and receive state matching funds as necessary to ensure maximum federal funds are secured;

     (10) Due to the at-will employment relationship with the authority, its employees may not avail themselves of the state grievance procedure as set forth in article six-a, chapter twenty- nine of this code; and

     (11) Have the ability to secure all other bonding, insurance or other liability protections necessary for its employees to fulfill their duties and responsibilities. WVC 15 - 1 J- 5 §15-1J-5. Employees.
(a) The authority shall have the power to hire, administer and manage employees necessary to fulfill its responsibilities.

(1) All employees will be exempt from both the classified services category and the classified exempt services category as set forth in section four, article six, chapter twenty-nine of this code.

(2) Employee positions are contingent on the receipt of the necessary federal and/or state funds.

(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.

(4) Employees will participate in the PEIA, PERS and workers' compensation and unemployment compensation programs, or their equivalents. Public safety-related positions will continue to require dual status membership as outlined in section twenty-six, article one-b, chapter fifteen of this code.

(b) The Adjutant General will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.

(c) Security guards and military firefighters hired by the authority under the provisions of this article will continue to have the same authority and must meet the requirements as set forth in section twenty-two, article one-b, chapter fifteen of this code and section twenty-six of said article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

Recent legislation affecting the Code

Citation Year/Session Short Title
§15 - 1 K- 1 - (New Code)
§15 - 1 K- 2 - (New Code)
§15 - 1 K- 3 - (New Code)
§15 - 1 K- 4 - (New Code)
§15 - 1 K- 5 - (New Code)
§15 - 1 K- 6 - (New Code)
§15 - 1 K- 7 - (New Code)
§15 - 1 K- 8 - (New Code)
§15 - 1 K- 9 - (New Code)
PASSED - Regular Session

SB280 SUB1 enr  (Uploaded - 04/07/2017)
Moving administration of Civil Air Patrol to Adjutant General
§15 - 2 - 5 - (Amended Code)
PASSED - Regular Session

SB523 SUB1 enr  (Uploaded - 04/14/2017)
Converting to biweekly pay cycle for state employees
§15 - 2 - 10 - (Amended Code)
§15 - 2 - 24 - (Amended Code)
PASSED - Regular Session

sb684 enr  (Uploaded - 04/04/2017)
Relating generally to WV State Police
§15 - 2 - 3 - (Amended Code)
PASSED - Regular Session

sb690 enr  (Uploaded - 04/10/2017)
Authorizing WV State Police impose and collect fees for agencies and entities using their facilities
§15 - 3 B- 2 - (Amended Code)
§15 - 3 B- 3 - (Amended Code)
§15 - 3 B- 4 - (Amended Code)
§15 - 3 B- 5 - (Amended Code)
§15 - 3 B- 6 - (Amended Code)
PASSED - Regular Session

HB2167 SUB ENR  (Uploaded - 03/20/2017)
Creating a Silver Alert program for senior citizens
§15 - 9 A- 2 - (Amended Code)
§15 - 12 - 2 - (Amended Code)
PASSED - Regular Session

HB2318 SUB ENR  (Uploaded - 03/25/2017)
Relating generally to human trafficking
§15 - 2 - 45 - (Amended Code)
§15 - 2 A- 6 B - (Amended Code)
PASSED - Regular Session

HB2586 SUB ENR  (Uploaded - 04/04/2017)
Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board
§15 - 1 J- 2 - (Amended Code)
§15 - 1 J- 4 - (Amended Code)
PASSED - Regular Session

hb2796 ENR  (Uploaded - 04/04/2017)
Relating to the West Virginia National Guard entering into contracts and subcontracts for specialized technical services
§15 - 2 - 17 - (Amended Code)
§15 - 2 E- 3 - (Amended Code)
§15 - 2 E- 5 - (Amended Code)
PASSED - Regular Session

HB2939 SUB ENR  (Uploaded - 04/06/2017)
Relating to the sale of items in the State Police Academy post exchange to the public
§15 - 2 - 24 D - (New Code)
PASSED - Regular Session

HB2980 SUB ENR  (Uploaded - 04/21/2017)
Relating to civil lawsuit filing fees for multiple defendant civil action
§15 - 2 - 24 C - (New Code)
PASSED - Regular Session

SB104 SUB1 ENR  (Uploaded - 03/10/2016)
Classifying Marshall University Forensic Science Center as a criminal justice agency
§15 - 1 F- 8 - (Amended Code)
PASSED - Regular Session

SB484 SUB2 ENR  (Uploaded - 03/11/2016)
Relating to reemployment rights of military personnel
§15 - 2 - 3 - (Amended Code)
PASSED - Regular Session

SB500 SUB1 ENR  (Uploaded - 03/08/2016)
Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network
§15 - 5 C- 1 - (New Code)
§15 - 5 C- 2 - (New Code)
PASSED - Regular Session

HB4323 SUB ENR  (Uploaded - 03/23/2016)
Relating to the reporting of emergency incidents by well operators and pipeline operators
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