ENGROSSED
Senate Bill No. 558
(By Senators Helmick, Bailey, Oliverio, Wooton, Kimble, Buckalew,
Dittmar, Prezioso and Hunter)
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[Originating in the Committee on the Military;
reported April 2, 1997.]
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A BILL to amend and reenact sections sixteen and seventeen, article
one-b, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
pay allowances for the national guard; and increasing the pay
for the national guard.
Be it enacted by the Legislature of West Virginia:
That sections sixteen and seventeen, article one-b, chapter
fifteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 1B. NATIONAL GUARD.
§15-1B-16. Pay and allowances.
(a) Pay and allowances for officers and
men enlisted personnel
of the national guard for drill, encampment or other duty for
training prescribed or ordered by the federal government, shall be such as are provided by the laws of the United States.
(b) Officers and
men enlisted personnel of the national guard
in active service of the state shall receive the same pay and
allowances, in accordance with their rank and service, as are
prescribed for the armed forces of the United States:
Provided,
That no member of the national guard shall receive base pay of less
than
forty dollars seventy-five dollars per day while he
or she is
in active service of the state.
(c) Notwithstanding any of the provisions of this article,
members of the national guard, may, with their consent, perform
without pay, or without pay and allowances, any duties prescribed
by section thirteen of this article pursuant to competent orders
therefor:
Provided, That necessary expenses may be furnished such
personnel within the discretion of the adjutant general.
§15-1B-17. Command pay; inspections; compensation for clerical
services and care of property.
a. (a) There shall may be paid to each commander of a
brigade, regiment, air wing, army group or other corresponding type
organization, one hundred dollars per month and to each commander
of a battalion, army squadron, air group or other equivalent type
organization, fifty dollars per month, and to each commander of a
company, air squadron or other equivalent type organization,
twenty-five dollars per month, payable quarterly, to be known as
command pay. The governor may, by order, direct such organization commanders to make inspections of the organizations and units in
their command, and file reports thereon, not exceeding four visits
to each of such organizations and units in any one year, and for
which such commanding officer shall receive no other compensation
than that mentioned herein, but may be reimbursed his actual
traveling expenses.
b. (b) There shall be allowed to each headquarters of a
brigade, regiment, air wing, army group or equivalent type
organization the sum of one hundred dollars per month and each
headquarters of a battalion, army squadron, air group or
corresponding type organization, the sum of fifty dollars per month
for clerical services; and to each company air squadron or
corresponding type unit, the sum of twenty twenty-five dollars per
month for like services, payable quarterly. The commandant of the
West Virginia military academy shall be allowed the sum of twenty- five dollars a month, payable quarterly, for like services.
c. (c) At the discretion of the adjutant general, there may
be paid to the enlisted man or woman who is directly responsible
for the care and custody of the federal and state property of each
organization or unit, the sum of ten dollars per month, payable
quarterly, upon the certificate of his or her commanding officer,
that he or she has faithfully and satisfactorily performed the
duties assigned him or her and accounted for all property entrusted
to his or her care.
(d) The adjutant general shall determine the amount of entitlement to command pay and clerical pay, not to exceed the
amounts set forth in subsections (a) and (b) of this section, using
organizational charts showing chain of command and authorized
strengths and defining other equivalent type organizations.
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