HOUSE CONCURRENT RESOLUTION 83

(By Delegate Ridenour and Mazzocchi)

[Introduced February 19, 2024; referred to the Committee on Veterans' Affairs and Homeland Security then Rules]

Requesting the Joint Committee on Government Organization to establish a study group to study the implementation of West Virginia Code §15-4-1 et seq. relating to the West Virginia State Guard and the re-establishment of a standing West Virginia State Guard.

Whereas, Due to the potential for military conflicts involving the United States and the possible deployment of the West Virginia National Guard, members of West Virginia law enforcement, firefighters, and emergency medical services and the potential of the federalization of the West Virginia National Guard, the State of West Virginia will continue to require forces that can defend this state, respond to crises including but not limited to natural disasters and other declared emergencies, maintain order during crises and civil disturbance, and provide civil defense; and

Whereas, Federalization and deployment of the bulk of the West Virginia National Guard out of the state will further reduce the numbers of law enforcement, fire-fighters, and emergency medical services personnel available in the state, as many of these personnel are members of the National Guard; and

Whereas, The West Virginia State Police, county sheriffs' offices, other law enforcement entities,  and professional and volunteer fire-fighting and emergency medical services are already overstretched accomplishing the daily requirements the State and People of West Virginia levy upon them; and

Whereas, No other state or county forces appear readily capable of substituting for the West Virginia National Guard to defend this state, respond to crises, maintain order, and provide civil defense; and

Whereas, West Virginia Code §15-4-1 et seq. specifically authorizes the re-establishment, organization, and maintenance of a State Guard; and

Whereas, Twenty other states and territories in the United States have state guards or state defense forces. West Virginia's last State Guard was formed in the summer of 1941, after the West Virginia National Guard was taken into federal service and deployed outside West Virginia in January, 1941. The last West Virginia State Guard was disbanded at the end of June, 1947; and

Whereas, A study group is appropriate to develop recommendations for the organization, training and equipping of the West Virginia State Guard to accomplish the missions of defending this state, responding to crises including but not limited to natural disasters and other declared emergencies, maintaining order during crises and civil disturbance, and providing civil defense; and

Whereas, A study group should determine whether and what funding should be allocated to both the State Guard and those entities, including the National Guard, that would support aspects of the State Guard; and

Whereas, A study group should determine the rules and regulations under which a State Guard will function, including any pay and allowances available to State Guard members called to active duty, and how and when State Guard elements will be called to active duty; and

Whereas, A study group should determine the qualifications necessary to be a State Guard member, how members will be selected, how officers, are commissioned, and the oaths of both commissioned officers and enlisted members; and

Whereas, A study group should determine incentives that can and should be made available to State Guard members; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government Organization study the re-establishment of a standing West Virginia State Guard to defend this state, respond to crises, maintain order, and provide civil defense; and, be it

Further Resolved, That the interim committee study the issues identified in this resolution; and, be it

Further Resolved, That the Joint Committee on Government Organization report to the Regular Session of the Legislature, 2025, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.