SB634 SUB1 enr
Senate Bill No. 634
(Senators Hunter, Helmick, Plymale, Minard, Kessler and Unger, original
[Passed March 6, 2008; in effect from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-1J-1, §15-1J-2,
§15-1J-3, §15-1J-4 and §15-1J-5, all relating to the West
Virginia Military Authority Act; authorizing the authority to
administer programs and receive funds; and giving the
authority certain powers and duties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §15-1J-1, §15-1J-2,
§15-1J-3, §15-1J-4 and §15-1J-5, all to read as follows:
ARTICLE 1I. THE WEST VIRGINIA MILITARY AUTHORITY ACT.
§15-1J-1. Short title.
This article shall be known and may be cited as the West
Virginia Military Authority Act.
§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
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
As used in this article, unless the content clearly indicates
(a) "Authority" means the West Virginia Military Authority.
(b) "BRIM" means the West Virginia Board of Risk 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, performs duties and is paid a
wage or salary which cost is, in whole or in part, reimbursed by
the federal government pursuant to a contract or memorandum of
understanding between the federal government and the guard.
(e) "PEIA" means Public Employees Insurance Act.
(f) "PERS" means Public Employee's Retirement System.
§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 programs that provide for the reimbursement, in
whole or in part, of employee wages or salaries pursuant to a
contract or memorandum of understanding between the federal
government and the guard. The authority to administer programs
granted in this subsection shall terminate when federal funds are
no longer available to provide reimbursement of salaries or wages.
(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
(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, the state, 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) Procure insurance with state funds through BRIM covering
property and other assets of the authority in amounts and from
insurers that BRIM determines necessary;
(5) Hire employees at an appropriate salary equivalent to a
competitive wage rate;
(6) 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;
(7) Cooperate with economic development agencies in efforts to
promote the expansion of industrial, commercial and manufacturing in the state;
(8) 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;
(9) 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
(10) Have the ability to secure all other bonding, insurance
or other liability protections necessary for its employees to
fulfill their duties and responsibilities.
(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
(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.