reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-101. Improper Use of Countersign

Any person subject to this article who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-103. Captured or Abandoned Property

(a) All persons subject to this article shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(b) Any person subject to this article who:
(1) Fails to carry out the duties prescribed in subsection (a);
(2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself, herself or another directly or indirectly connected with himself or herself; or
(3) Engages in looting or pillaging; shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-104. Aiding the Enemy

Any person subject to this article who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly: shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-105. Misconduct as Prisoner

Any person subject to this article who, while in the hands of the enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) While in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-107. False Official Statements

Any person subject to this article who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition

Any person subject to this article who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Willfully or through neglect damages, destroys, or loses; or
(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of any state, shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction

Any person subject to this article who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-110. Improper Hazarding of Vessel

(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or any state military forces shall suffer such punishment as a court-martial may direct.
(b) Any person subject to this article who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or any state military forces shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances

(a) Any person subject to this article who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces of the United States or of any state military forces a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.
(2) Any substance not specified in subdivision (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the Armed Forces of the United States.
(3) Any other substance not specified in subdivision (1) or contained on a list prescribed by the President under subdivision (2) that is listed in schedules I through V of article 202 of the Controlled Substances Act 21 U.S.C. §812.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-113. Misbehavior of Sentinel

Any sentinel or look-out who is found drunk or sleeping upon his post or leaves it before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-115. Malingering

Any person subject to this article who for the purpose of avoiding work, duty, or service:
(1) Feigns illness, physical disablement, mental lapse, or derangement; or
(2) Intentionally inflicts self-injury; shall be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-132. Frauds Against the Government

Any person subject to this article:
(1) Who, knowing it to be false or fraudulent:
(A) Makes any claim against the United States, the state, or any officer thereof; or
(B) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(A) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) Makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or
(C) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) Who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt; or
(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state; shall, upon conviction, be punished as a court-martial may direct.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-134. General Article

Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this article and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with subsection (b), section two of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-135. Courts of Inquiry

§15-1E-135. Courts of inquiry.
(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) Any person subject to this article whose conduct is subject to inquiry shall be designated as a party. Any person subject to this article who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-136. Authority to Administer Oaths and to Act as Notary

(a) The following persons may administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates.
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
(4) All commanding officers of the naval militia.
(5) All other persons designated by regulations of the Armed Forces of the United States or by statute.
(b) The following persons may administer oaths necessary in the performance of their duties:
(1) The president, military judge, and trial counsel for all general and special courts-martial.
(2) The president and the counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person, together with the title of his office, is prima facie evidence of the person's authority.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-137. Articles to Be Explained

(a) (1) The sections of this article specified in subdivision (3) shall be carefully explained to each enlisted member at the time of, or within thirty days after, the member's initial entrance into a duty status with the state military forces.
(2) Such section shall be explained again:
(A) After the member has completed basic or recruit training; and
(B) At the time when the member reenlists.
(3) This subsection applies with respect to sections two, three, seven through fifteen, twenty-five, twenty-seven, thirty-one, thirty-seven, thirty-eight, fifty-five, seventy-seven through one hundred thirty-four, and one hundred thirty-seven through one hundred thirty-nine of this article.
(b) The text of the article and of the regulations prescribed under this article shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-138. Complaints of Wrongs

Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-139. Redress of Injuries to Property

(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, that person may, under such regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-141. Payment of Fees, Costs and Expenses

(a) The fees and authorized travel expenses of all witnesses, experts, victims, court reporters and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military justice fund.
(b) For the foregoing purposes, there is created in the State Treasury a special revenue account, designated the Military Justice Fund that shall be administered by the Adjutant General, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law. The Legislature may appropriate and have deposited in the Military Justice Fund such funds as it deems necessary to carry out the purposes of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-142. Payment of Fines and Disposition Thereof

(a) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:
(1) By cash or money order;
(2) By credit or debit cards in accordance with rules promulgated by the Adjutant General. Any charges made by the credit company shall be paid by the person responsible for paying the fine or costs;
(3) By retention of any pay or allowances due or to become due the person fined from any state or the United States;
(4) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
(b) Unless otherwise required by law, a military court may collect a portion of any costs or fines at the time the amount is imposed by the court so long as the court requires the balance to be paid in accordance with a payment plan which specifies:
(1) The number of payments to be made;
(2) the dates on which the payments are due; and
(3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs or fines.
(c) If any costs or fines imposed by a military court or through nonjudicial punishment in a case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the Adjutant General may notify the Commissioner of the Division of Motor Vehicles of the failure to pay: Provided, That in a case in which a person is a nonresident of this state and is assessed a fine or costs by a military court or through nonjudicial punishment, the Adjutant General may notify the Division of Motor Vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs or fines are paid in full: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay, may, if he or she is employed on a full or part-time basis, petition to the Adjutant General for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the Adjutant General of inability to pay, employment and compliance with other applicable motor vehicle laws, the Adjutant General shall issue an order granting relief.
(d) Any sum so received or retained shall be deposited in the Military Justice Fund or to whomever the court so directs.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1E. Code of Military Justice › §15-1E-148. Supersedes Existing State Military Justice Codes

Upon enactment and the effective date, this law supersedes all existing statutes, ordinances, directives, rules, regulations, orders and other laws in the state covered by the subject matter of this law, and all such statutes, ordinances, directives, rules, regulations, orders and other laws are hereby repealed.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-1. Leave of Absence for Public Officials and Employees for Drills, Parades, Active Duty, etc.

(a) Any officer or employee of state, county or municipal government hired for permanent employment who is a member of the National Guard or armed forces reserve, is entitled to a military leave of absence from his or her respective office or employment without loss of pay, status or efficiency rating, on the days during which he or she is ordered, by properly designated authority, to be engaged in drills, inactive duty training, parades, funeral details, service schools or other duty, during business hours, field training, annual training or other full-time National Guard duty pursuant to Title 10 or Title 32 of the United States Code, or active service of the state, for a maximum period of thirty working days, not to exceed two hundred forty hours in any one calendar year.
(b) Any officer or employee of state, county or municipal government hired for permanent employment ordered or called to active duty for a mobilization or deployment under Title 10 of the United States Code or in support of a contingency operation as defined in 10 U.S.C. §101(a)(13) by the properly designated federal authority is entitled to a military leave of absence from his or her respective office or employment without loss of pay, status or efficiency rating for a maximum period of thirty working days, not to exceed two hundred forty hours for a single call to active duty: Provided, That an officer or employee of state, county or municipal government called to active duty who has not used all or some portion of the thirty working days of military leave of absence granted by subsection (a) of this section is entitled to add the number of unused days from that calendar year to the thirty working days, not to exceed two hundred forty hours granted by this subsection, up to a maximum of sixty days for a single call to active duty: Provided, however, That none of the unused days of military leave of absence granted by subsection (a) of this section may be carried over and used in the next calendar year.
(c) The term "without loss of pay" means that the officer or employee shall continue to receive his or her normal salary or compensation, notwithstanding the fact that the officer or employee may have received other compensation from federal or state sources during the same period.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-1a. Educational Leave of Absence for Active Duty

Whenever any member of the National Guard or other reserve component of the Armed Forces of the United States is called or ordered to active duty, other than active duty for training, including, in the case of members of the National Guard, active state duty, the educational institution in which the member is enrolled shall grant the member a military leave of absence from their education. Persons on military leave of absence from their educational institution shall be entitled, upon release from military duty, to be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student. The provisions of this section shall not supercede federal laws, rules and regulations at the time of the military leave of absence.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-1b. Tolling of the Running of Any Licensure or Registration Requirement

The running of any licensure or registration requirement, including, but not limited to, the payment of any license or registration fees of a licensing board or commission of the state shall be tolled during the period of absence for active duty for any member of the National Guard or other reserve component of the armed services of the United States until sixty days after the return of the member from active duty: Provided, That the service member shall be granted a period of time equal to the period of active duty to fulfill any continuing education requirements needed for licensure or registration.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-2. Suits Against Officers or Persons Acting Under Military Authority

When a suit or proceeding shall be commenced in any court by any person, against any military officer of the state, for any act done by such officer in his official capacity in the discharge of any duty under this article, or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the court shall, upon motion of the defendant, when it has been made to appear to the court by affidavit, or otherwise, that the act done is such as hereinbefore set forth, require the person prosecuting or instituting the suit or proceeding to file security for the payment of costs that may be incurred by the defendant therein. This security shall be by bond payable to the state, with surety to be approved by the clerk of the court, in a penalty equal to six times the costs incurred and likely to be incurred by the defendant, but in no case shall such bond be for a penalty less than $500. The court before whose clerk such bond is given, may, on motion by a defendant, give judgment for so much as he is entitled to by virtue of such bond under the provisions of this section. If such security for costs be not given within sixty days from the time the same is required by the court to be given, the suit or proceeding shall, by order of the court, be dismissed. In case any suit or proceeding shall be dismissed for failure to give security for costs, then the defendant shall recover three times the amount of the costs incurred by him In all such cases as are referred to in this section the defendant may make a general denial and give the special matter in evidence.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-3. Change of Venue of Prosecutions or Suits Against Members of National Guard

Any civil or military officer or member of the National Guard, or any person lawfully aiding them in the performance of any duty required under the provisions of this article, who is indicted or sued for any injury to person or property in endeavoring to perform such duty, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person so indicted or sued, to remove the trial of the indictment or suit to some county free from exception.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-4. Arrest of Persons Belonging to State Military Forces

No person belonging to the military forces of the state, while performing military duty under proper orders, shall be arrested on civil process, nor shall any person belonging to the military forces of the state, while performing military duty under proper orders, be arrested on criminal process, except upon process from a circuit or criminal court or a judge thereof in vacation.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-5. Unlawful Conversion of Military Property

Whoever shall secrete, sell or dispose of, or offer for sale, or purchase, knowing the same to be such, retain after proper demand is made, or in any manner pawn or pledge, any military property, which shall have been issued under the provisions of this article, shall be guilty of a misdemeanor, and, in addition to the punishment provided for misdemeanors in this article, shall forfeit to the state twice the amount or cost of the property so secreted, sold, disposed of, offered for sale, or purchased, retained after proper demand has been made, pawned or pledged.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-6. Unlawful Wearing of Uniforms

Any person who shall wear any uniform or any device, strap, knot, or insignia of any design or character, used as a designation of grade, rank or officer, such as are by law or regulations, duly promulgated, prescribed for the use of the National Guard, or similar thereto, except members of the army or navy of the United States or the National Guard of this or any other state, members of associations wholly composed of soldiers honorably discharged from the service of the United States, or the members of the order of sons of veterans, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than $100; and any member of the National Guard who shall, when not on duty, wear any such uniform or equipment issued by the state without the permission of his commanding officer, shall be subject to a fine of not more than $50.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-7. Unlawful Military Organizations

(a) It is unlawful for any body of individuals other than the regularly organized National Guard or the troops of the United States, to associate themselves together as a military company or organization in this state.
(b) Notwithstanding subsection (a) of this section, the Governor may grant permission to public or private schools of the state to organize themselves into companies of cadets, and may furnish the cadets, under proper restrictions, obsolete ordnance stores and equipment owned by the state that are not in use by the National Guard.
(c) It is not a violation of this section for a group of individuals to associate as a military company or organization for historical, artistic or fictional performances; or, for an individual or group of individuals to drill, perform or parade at public ceremonies, including funerals.
(d) A person who violates subsection (a) of this section, or belongs to or parades with a body of individuals with arms violating subsection (a) of this section, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $100 or confined in jail for not more than six months.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-8. Reemployment Rights of Members of the Organized Militia

Members of the organized militia in the active service of the state or another state shall be entitled to the same reemployment rights granted to members of the reserve components of the Armed Forces of the United States by applicable federal law, including rights protected by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended, 38 U. S. C. §§ 4301-4334.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-9. General Penalty; Jurisdiction Under Article

A person convicted of a crime declared by this article to be a misdemeanor shall, unless otherwise provided, be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than one year, or by both. Any circuit, intermediate, criminal court, or justice of the peace shall have jurisdiction over offenses enumerated in this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-10. Selective Service Registration and Compliance

(a) A person may not enroll in a state-supported institution of postsecondary higher education unless he is in compliance with the Military Selective Service Act, 50 U. S. C. Appendix §451, et seq., and the amendments thereto.
(b) A person may not receive a loan, grant, scholarship or other financial assistance for postsecondary higher education funded by state revenue, including federal funds or gifts and grants accepted by this state, or receive a student loan guaranteed by the state unless he is in compliance with the Military Selective Service Act.
(c) No male person who has attained the age of eighteen years who fails to be in compliance with the Military Selective Service Act is eligible for employment by or service with the state or a political subdivision of the state, including all boards, commissions, departments, agencies, institutions and instrumentalities.
(d) It is the duty of all officials having charge of and authority over the hiring of employees by the state or political subdivisions, and over state-supported institutions of postsecondary higher education, and over the granting of state supported financial assistance for postsecondary higher education as described in this section to assure themselves that applicants are in compliance with the Military Selective Service Act.
(e) A person may not be denied a right, privilege or benefit under this section by reason of failure to present himself for and submit to the requirement to register pursuant to the Military Selective Service Act if:
(1) The requirement for the person to so register has terminated or become inapplicable to the person; and
(2) The person is or has already served in the Armed Forces or has a condition that would preclude acceptability for military service.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1F. Privileges and Prohibitions › §15-1F-11. West Virginia Servicemembers Civil Relief Act

(a) This section may be cited as the >West Virginia Servicemembers Civil Relief Act'
(b) A member of the West Virginia National Guard called to state active duty by the Governor for a period of thirty days or more, shall have all of the protections, rights or benefits that are afforded and may accrue to a person on federal active duty under the provisions of 50 U.S.C. App., §501, et seq. as amended by the Servicemembers Civil Relief Act, Pub. L. No. 108-189 (2003).
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-1. The West Virginia Distinguished Service Medal

The "West Virginia distinguished service medal" may be awarded:
(a) To former or present Governors of the State of West Virginia as commanders in chief of the West Virginia National Guard;
(b) To such officers and enlisted men in the West Virginia National Guard as may have, or may hereafter render conspicuous or distinguished service in the line of duty, or who have displayed, or may hereafter display, conspicuous courage and gallantry while on duty with the West Virginia National Guard;
(c) To individuals serving in the West Virginia National Guard who are holders of congressional medals of honor, United States distinguished service medals, United States distinguished service cross or equivalent awards of the United States navy;
(d) To West Virginians who served in the Armed Forces of the United States in time of war and who have rendered conspicuous or distinguished service in the line of duty;
(e) To not more than two civilians in any one year who shall have rendered, in the judgment of the military board of the State of West Virginia, conspicuous or distinguished service to the West Virginia National Guard, the State of West Virginia or the United States of America.
The West Virginia distinguished service medal may be awarded posthumously to the next of kin of any officer, enlisted man or civilian entitled thereto under the foregoing subdivisions.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-2. West Virginia Legion of Merit

The "West Virginia legion of merit" may be awarded for exceptional meritorious service, achievement or bravery:
(a) To present or former officers and enlisted members of the West Virginia National Guard;
(b) To present or former members of active military components, National Guard members of other states and other reserve components;
(c) To civilians who have rendered conspicuous or distinguished service to the West Virginia National Guard, the State of West Virginia or the United States of America.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-3. Procedure for Award of Distinguished Service Medal and Legion of Merit

The military awards board hereinafter established shall recommend to the Governor the approval or disapproval of all nominations for the award of the distinguished service medal or the legion of merit. If the justification contained in a nomination for the distinguished service medal does not meet the criteria established for such award, the board may recommend in lieu thereof the approval of the legion of merit.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-4. Other West Virginia Awards and Decorations

The Adjutant General is authorized to establish other West Virginia awards and decorations to recognize officers and members of the West Virginia National Guard or other individuals as may be deemed appropriate.
Such awards and decorations will be established by the issuance of appropriate orders by the Adjutant General and furnished at the expense of the state. The Adjutant General shall establish procedures for the granting of such awards or decorations.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-6. Board of Awards

The Governor, as commander in chief of the West Virginia National Guard, shall appoint a permanent board of awards to be known as the military awards board of the State of West Virginia to consist of three members, at least two of whom shall be members of the West Virginia National Guard on active duty. The term of office for these members shall be four years or until their successors are appointed.
The members of this board shall receive no salary or other compensation for their services, but each member shall be allowed and paid for actual expenses in traveling and other personal expense incurred in the performance of their duty. The board shall select a secretary who shall make and keep a record of its proceedings, which record is to be lodged in the Adjutant General's office and is to be preserved therein as a part of the permanent military records of the State of West Virginia.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1G. Service Medals › §15-1G-8. Devices for the Award of Multiple West Virginia Decorations

In the event any person shall render service or perform acts entitling such person to the award of a West Virginia decoration, and the award of such decoration has previously been made, the person shall, for each subsequent award be entitled to wear a bronze oak leaf cluster. A silver oak leaf cluster shall be used in lieu of five bronze oak leaf clusters.
2023 West Virginia Code › Chapter 15. Public Safety › 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.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1H. Morale, Welfare and Recreation Facilities › §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.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1H. Morale, Welfare and Recreation Facilities › §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.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1H. Morale, Welfare and Recreation Facilities › §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.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1H. Morale, Welfare and Recreation Facilities › §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.
2023 West Virginia Code › Chapter 15. Public Safety › 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 enter into contracts and subcontracts for specialized technical services and hire persons who will be compensated, in whole or in part, with federal funds. 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.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1J. The West Virginia Military Authority Act › §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 and Insurance 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 to perform duties related to national security, homeland security and other military-related or -sponsored programs.
(e) "PEIA" means Public Employees Insurance Act.
(f) "PERS" means Public Employees Retirement System.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1J. The West Virginia Military Authority Act › §15-1J-5. Employees

(a) The authority shall have the power to hire, administer and manage employees necessary to fulfill its responsibilities.
(1) All employees will be exempt from both the classified services category and the classified exempt services category as set forth in section four, article six, chapter twenty-nine of this code.
(2) Employee positions are contingent on the receipt of the necessary federal and/or state funds.
(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.
(4) Employees will participate in the PEIA, PERS and workers' compensation and unemployment compensation programs, or their equivalents. Public safety-related positions will continue to require dual status membership as outlined in section twenty-six, article one-b, chapter fifteen of this code.
(b) The Adjutant General will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.
(c) Security guards and military firefighters hired by the authority under the provisions of this article will continue to have the same authority and must meet the requirements as set forth in section twenty-two, article one-b, chapter fifteen of this code and section twenty-six of said article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 1J. The West Virginia Military Authority Act › §15-1J-6. Military Authority Reimbursable Expenditure Fund

(a) A special revenue account known as the "Military Authority Reimbursable Expenditure Fund" is hereby established in the state treasury. The purpose of the fund is to make moneys available to the Military Authority for expenditures that qualify for cost reimbursement pursuant to a cooperative agreement, grant, or other legal agreement with the federal government.
(b) The Adjutant General shall administer the fund.
(c) The fund shall receive all moneys transferred to the fund pursuant to 36-8-13(e) of this code, any income from the investment of moneys held in the fund, and all moneys reimbursed into the fund pursuant to subsection (e) of this section.
(d) The Adjutant General may authorize expenditures from the fund that qualify for cost reimbursement pursuant to a cooperative agreement, grant, or other legal agreement with the federal government, including but not limited to the following:
(1) Expenditures for operations and maintenance of all facilities;
(2) Expenditures for major and minor construction;
(3) Any other types of expenditures related to homeland and national security missions; and
(4) Any other types of expenditures to support missions of the West Virginia National Guard.
(e) Upon receiving moneys from the federal government to reimburse the Military Authority for expenditures authorized by this section, the Adjutant General shall reimburse the fund in an amount equal to the moneys received from the federal government.
(f) Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall be transferred to the Unclaimed Property Fund.