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Introduced Version Senate Bill 647 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 647

(By Senators Wells and Jenkins)

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[Introduced March 25, 2013; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §15-1J-2, §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, all relating to the funding of the West Virginia Military Authority; and allowing use of funds from special revenue accounts.

Be it enacted by the Legislature of West Virginia:

    That §15-1J-2, §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1J. 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 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 or funds from special revenue accounts. 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.

§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 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 or by other special revenue account.

    (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 or by other special revenue account. The authority to administer programs granted in this subsection shall terminate when federal funds or funds by other special revenue account 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 or by funds received from special revenue accounts 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, 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.




    NOTE: The purpose of this bill is to allow the West Virginia Military Authority to receive funds from special revenue accounts in the performance of its programs.



    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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