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Chapter 15     Entire Code


ARTICLE 1. MILITARY FORCES OF THE STATE.

ARTICLE 1A. ADJUTANT GENERAL.

ARTICLE 1B. NATIONAL GUARD.

ARTICLE 1C. STATE RETIRED LIST AND HONORARY MILITIA.

ARTICLE 1D. ACTIVE STATE SERVICE.

ARTICLE 1E. CODE OF MILITARY JUSTICE.

ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.

ARTICLE 1G. SERVICE MEDALS.

ARTICLE 1I. THE CHILD PROTECTION ACT OF 2006.

ARTICLE 1J. THE WEST VIRGINIA MILITARY AUTHORITY ACT.

ARTICLE 1K. CIVIL AIR PATROL.

ARTICLE 2. WEST VIRGINIA STATE POLICE.

ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.

ARTICLE 2B. DNA DATA.

ARTICLE 2C. CENTRAL ABUSE REGISTRY.

ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.

ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.

ARTICLE 3. COMMUNICATION SYSTEMS FOR POLICE PURPOSES.

ARTICLE 3A. AMBER ALERT PLAN.

ARTICLE 3B. SILVER ALERT PLAN.

ARTICLE 3C. BLUE ALERT PLAN.

ARTICLE 3D. MISSING PERSONs ACT.

ARTICLE 4. WEST VIRGINIA STATE GUARD.

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHT-TO-KNOW ACT.

ARTICLE 5B. MINE AND INDUSTRIAL ACCIDENT RAPID RESPONSE SYSTEM.

ARTICLE 5C. REPORTING OF EMERGENCY INCIDENTS BY WELL AND PIPELINE OPERATORS.

ARTICLE 6. STATE ARMORY BOARD.

ARTICLE 7. EMERGENCY INTERIM LEGISLATIVE SUCCESSION ACT.

ARTICLE 8. WEST VIRGINIA SHERIFFS\' BUREAU.

ARTICLE 9. GOVERNOR\'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

ARTICLE 9A. DIVISION OF JUSTICE AND COMMUNITY SERVICES.

ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.

ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.

ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.

ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.

ARTICLE 12. SEX OFFENDER REGISTRATION ACT.

ARTICLE 13. CHILD ABUSE AND NEGLECT REGISTRATION.

ARTICLE 14. THE STATEWIDE INTEROPERABLE RADIO NETWORK.

ARTICLE 1H. MORALE, WELFARE AND RECREATION FACILITIES.

§15-1H-1. Definitions.

As used in this article:

(1) "Camp Dawson" means the state military reservation located near Kingwood, Preston County, West Virginia, and any training areas, ranges or facilities located on or about the reservation used for military purposes.

(2) "Morale, welfare and recreation facility" means any post exchange, canteen, barber shop, fitness center, snack bar, transient housing, billeting operation, laundry or similar facility, the purpose of which is to enhance the morale and welfare of military personnel.

(3) "Nonappropriated fund instrumentality" means an enterprise operated exclusively with funds derived from sales or user fees, which receives no legislative appropriations for its operations.

(4) "Nonappropriated fund employee" means an employee of a nonappropriated fund instrumentality, who is not an employee of the state.

§15-1H-2. Morale, welfare and recreation facilities; nonappropriated fund instrumentalities.

(a) The Adjutant General is authorized to establish morale, welfare and recreation facilities within the state as in his or her judgment may be necessary and proper for military purposes.

(b) Notwithstanding any other provision of this code to the contrary, the Adjutant General is authorized to establish a nonappropriated fund instrumentality for the purpose of operating the morale, welfare and recreation facilities.

(c) A nonappropriated fund instrumentality established under this section may:

(1) Contract for goods and services;

(2) Hire employees under terms and conditions as it may negotiate, subject only to applicable state and federal labor laws;

(3) Establish a system of bookkeeping, accounting and auditing procedures for the proper handling of funds derived from its operations; and

(4) Perform any other action necessary to establish a board, corporation or other entity for the purpose of operating the morale, welfare and recreation facilities.

(d) A nonappropriated fund instrumentality established under this section is solely responsible for its operations. No debt of the nonappropriated fund instrumentality is a debt of the state. No action of the nonappropriated fund instrumentality is an action of the state, nor does it obligate the state in any manner.

§15-1H-3. Regulations.

The Adjutant General shall promulgate regulations for the operation of morale, welfare and recreation facilities and any nonappropriated fund instrumentality established under this article.

§15-1H-4. Use of funds.

All proceeds derived from the operation of the morale, welfare and recreation facilities within the state shall, after the payment of operating expenses, notwithstanding any provision of this code to the contrary, be used exclusively to benefit any morale, welfare and recreation facilities established pursuant to this section.

§15-1H-5. Sales to be tax exempt.

Any sales of goods made by a canteen or snack bar facility on a state reservation or state training facility under the jurisdiction of the Adjutant General are exempt from the payment of state consumers sales taxes pursuant to the provisions of article fifteen, chapter eleven of this code.

§15-1H-6. Limitation on sales.

Use of the morale, welfare and recreation facilities provided for in this article are limited to:

(1) Active and reserve component members of the Armed Forces of the United States;

(2) Persons retired from the Armed Forces of the United States;

(3) Dependents of service members or retirees;

(4) Civilian employees of the United States; and

(5) Employees of the State of West Virginia.

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