Bill Text: WV HB2892 | 2021 | Regular Session | Introduced
Bill Title: Relating to the West Virginia State Guard and the organization thereof
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-03 - To House Veterans' Affairs and Homeland Security [HB2892 Detail]
Download: West_Virginia-2021-HB2892-Introduced.html
WEST virginia Legislature
2021 regular session
Introduced
House Bill 2892
By Delegate Howell
Introduced March 03, 2021; Referred to the Committee on Veterans' Affairs and
Homeland Security then the Judiciary
A BILL to amend and reenact §15-4-1, §15-4-2, §15-4-3, §15-4-4, §15-4-5, §15-4-6, §15-4-10, and §15-4-11 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Guard and the organization thereof; to adding additional directives for the West Virginia State Guard; adding a minimum age requirement; providing a federal clause for when there are potentially conflicting directives; modifying the oath; and modifying terms of enlistment.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. WEST VIRGINIA STATE GUARD.
§15-4-1. Governor authorized to organize and maintain West Virginia State Guard.
Whenever any part of the
National Guard of this state is in active federal service, the The Governor is hereby authorized directed,
as of July 1, 2021, to organize and maintain within this state during
such period, under such regulations as the secretary of defense of the
United States may prescribe for discipline in training, and under such
regulations as the Adjutant General of this state shall deem necessary, such
reserve military forces as the Governor may deem necessary to defend
this state, maintain order, provide community service, and to respond to
natural disasters and other declared emergencies, whenever the National Guard
of this state and Air National Guard of this state shall be engaged in the
active duty service of the United States, otherwise unavailable, or not
available in sufficient numbers: Provided, That at no time shall the
authorized numbers of such force be less than 5,000 persons. Such forces
shall
(1) Be composed of officers commissioned or assigned, and
such able-bodied male citizens of the state over 16 years of
age as shall volunteer for service therein, supplemented, if necessary, by men
of the reserve militia enrolled by draft or otherwise as provided by law: Provided,
That a position in or membership in such force is not
considered to be a civil office or emolument. Former reserve and active duty
military personnel, including those who have served in the Coast Guard Auxiliary
and Civil Air Patrol, shall retain their rank; Such forces shall
(2) Be additional in
addition to and distinct from the National Guard and shall be known as the “West
Virginia State Guard”: Provided, That any funds appropriated by the
Legislature to the Adjutant General for the organization, administration,
training and supply of the organized militia may be expended for such purposes
with respect to the West Virginia State Guard. Such forces shall and;
(3) Be uniformed, in a uniform distinct from the National Guard, and properly equipped to perform all required duties.
§15-4-2. Rules and regulations.
The Governor is hereby
authorized to prescribe rules and regulations not inconsistent with the
provisions of this article governing the enlistment, organization,
administration, equipment, maintenance, training and discipline of such forces:
Provided, That such rules and regulations, insofar as he deems practicable and
desirable, shall conform, in so far as is practical, to existing law
governing and pertaining to the National Guard and the rules and regulations
promulgated thereunder. and shall prohibit the acceptance of gifts,
donations, gratuities or anything of value by such forces or by any member of
such forces from any individual, firm, association, or corporation by reason of
such membership
§15-4-3. Pay and allowances.
The pay for officers Officers and enlisted men personnel
of the West Virginia State Guard shall receive no compensation for their
time for service at camps of instruction, rifle practice, practice marches and
maneuvers, or other duties ordered by the Governor, shall be such as are
provided except where such is required by federal law or provided for
in the National Defense Act or amendments thereto. Officers and enlisted men
personnel, when called to duty and employed in the actual service of the
state, as defined and provided in this article, beginning on the day they
assembled at their armories or other designated places, until the day they have
returned thereto and been properly relieved, inclusive, fractional parts of a
day counting as a full day, shall receive the same pay and allowances as
provided for officers and enlisted men in the West Virginia National Guard.
§15-4-4. Arms and equipment; use of state armories, etc.
For the use of such
forces, the Governor is hereby authorized to requisition from the secretary of war
defense such arms and equipment as may be in possession of and can be
spared by the war department of defense; and to make available to
such forces the facilities of state armories and their equipment and such other
state premises and property as may be available. Additionally, arms and
sidearms may be privately purchased and utilized by members of the State Guard
if such arms conform to the standards of the State Guard and the member has
been trained and certified as proficient in the use of such arms to the
standards of the State Guard.
§15-4-5. Service limited to state, except as to fresh pursuit; apprehension of persons in another state.
Such forces shall not be
required to serve outside the boundaries of this state: Except Provided,
That any organization, unit or detachment of such forces, upon order of the
officer in immediate command thereof, may continue in fresh pursuit of
insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this
state into another state until they are apprehended or captured by such
organization, unit or detachment or until the military or police forces of the
other state, or the forces of the United States, have had a reasonable
opportunity to take up the pursuit or apprehend or capture such persons: Provided,
however, That such other state shall have given authority by law or
proclamation for such pursuit by such forces of this state. Any such person
who shall be apprehended or captured in such other state by an organization,
unit or detachment of the forces of this state shall, without
unnecessary delay, be surrendered to the military or police forces of
the state in which he or she is taken or to those of the United
States, but such surrender shall not constitute a waiver by this state of its
right to extradite or prosecute such person for any crime committed in this
state.
§15-4-6. Pursuit and apprehension of certain persons in this state by military forces of another state.
Any military forces or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall, without unnecessary delay, be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the uniform act on the fresh pursuit of criminals. The Governor may, upon declaration, declare the provisions of this section to be temporarily superseded for a specified period of time.
§15-4-10. Oath of officers.
The oath to be taken by
officers commissioned in such forces shall be substantially in the form
prescribed for officers of the National Guard, substituting the words “West
Virginia State Guard” where necessary as follows “I, [name], do solemnly
swear (or affirm) that I will support and defend the Constitution of the United
States and the Constitution of the State of West Virginia against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the same; that
I will obey the lawful orders of the Governor of the State of West Virginia; that
I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties of the Office
of [grade] in the West Virginia State Guard on which I am about to
enter, so help me God.”
§15-4-11. Term of enlistment; oath of enlisted men.
No person shall be enlisted
for more than one year but such enlistment may be renewed. The oath to be taken
upon enlistment in such forces shall be substantially in the form prescribed
for enlisted men of the National Guard, substituting the words “West Virginia State
Guard” where necessary as follows: “I do hereby acknowledge to have
voluntarily enlisted this __ day of ____, _, in the West Virginia State Guard
for a period of __ year(s) under the conditions prescribed by law, unless
sooner discharged by proper authority. I, ________, do solemnly swear (or
affirm) that I will support and defend the Constitution of the United States
and of the State of West Virginia against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; and that I will obey
the orders of the Governor of the State of West Virginia and the orders of the
officers appointed over me, according to law and regulations. So help me God.”
NOTE: The purpose of this bill is to renew the functioning of the West Virginia State Guard and to provide legal authority for its operations and use.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
