HB3254 H VAHLS AM #1
Wilkinson 3909
The Committee on Veterans Affairs & Homeland Security moved to amend the bill on page 1, by striking out all after the enacting clause, and inserting in lieu thereof, the following:
CHAPTER 15. Public Safety.
ARTICLE 1B. NATIONAL GUARD.
§15-1B-28. Hershel "Woody" Williams State Military Funeral Honor Guard.
(a) Legislative findings. - The West Virginia Legislature recognizes the many achievements that the great West Virginian, U.S.M.C. Hershel "Woody" Williams achieved for the State of West Virginia. As a member of the United States Marine Corps, he served in the Battle of Iwo Jima. His actions in the battle contributed significantly to its outcome and saved many American lives. As a result of the heroism Williams displayed, he received the Congressional Medal of Honor from President Harry Truman on October 5, 1945. Williams materially improved the lives of countless Veterans while working as a Veterans Service Officer for the federal VA for 33 years, after which he focused on improving the circumstances of homeless Veterans as a primary advocate for and first director of the West Virginia Department of Veterans Assistance Barboursville Veterans Home, a VA-supported domiciliary. In the decades following the war, Williams used his platform to lead the charge in an effort to honor America’s Gold Star servicemen and women – those who paid the ultimate price by giving their life in defense of America – as well as the families of the fallen.
(b) Establishment of the program. - The Adjutant General is hereby authorized to establish a Military Funeral Honor Guard program to render professional military funeral honors, in accordance with service tradition, to West Virginia eligible veterans when requested by an authorized family member. The name of the program established by this section shall be known as the Hershel "Woody" Williams State Military Funeral Honor Guard.
(c) The Adjutant General is authorized to procure any uniforms, arms, equipment, vehicles, and supplies necessary in furtherance of this program. The uniforms, arms, and equipment for performance duties shall be those prescribed by applicable federal laws and regulations.
(d) A special revenue account known as the "Hershel "Woody" Williams State Military Funeral Honor Guard Fund" is hereby established in the state treasury. The purpose of the fund is to make moneys available for the expenditure necessary to administer the program established in this section. The Adjutant General shall administer the fund.
(e) Criteria. - An honor guard detail for the burial of an eligible veteran shall consist of not less than two members of the West Virginia National Guard. The honor detail will, at a minimum, perform a ceremony that includes the folding and presenting of the American flag to the next of kin and the playing of Taps. Taps will be played by a bugler, if available, or by electronic recording. Proof of military service must be provided in the form of a DD-214, NGB 22 or other similar Statement of Service.
(f) Veterans Services Organizations. – The Adjutant General is authorized to pay the necessary expenses of a Veterans Services Organization who conducts a military funeral in the state for a deceased member of any military branch of the United States provided the deceased member is eligible for a military funeral and the Adjutant General has requested the services of the Veterans Services Organization for the event. Any Veterans Services Organization requesting payment must have received the appropriate training to conduct a military funeral, be certified to conduct such funeral, and the Veterans Services Organization be recognized by Internal Revenue Code under 26 U.S. Code §§ 501(c)(19) or 501(c)(23) as an organization that benefits veterans of the United States Armed Forces. Such payment to any Veterans Services Organization shall not exceed each $60 for any such funeral.
(g) Effective date. - This section shall take effect on July 1, 2023, with the first funeral occurring after January 1, 2024.
Adopted
Rejected