Bill > HB4879

This bill, titled "To revise and update all provisions of state code relating to the West Virginia State Guard," aims to modernize and clarify the laws governing the West Virginia State Guard, a state-level military force distinct from the National Guard. Key provisions include establishing findings that support the need for a State Guard, citing the Second Amendment and federal law, and emphasizing its role in state security and crisis response, particularly during potential deployments of the National Guard. The bill directs the Governor to organize and maintain this State Guard by September 1, 2026, outlining its composition, which can include citizens over 16 years of age, and specifying a structured organization into five regionally organized regiments, each with specific types of companies and battalions. It details monthly training requirements, reporting structures to the Adjutant General and county officials, and mandates the creation of a dedicated state budget line item for the Guard. The bill also addresses pay and allowances, stating that members will receive pay comparable to the National Guard only when called to active state service, and outlines rules for requisitioning arms and equipment, with members expected to provide their own firearms and serviceable military equipment. Furthermore, it establishes disqualifications for service, including felony convictions or certain misdemeanor offenses, and sets terms for officer commissions and enlisted member oaths, aligning discipline with the federal Uniform Code of Military Justice (UCMJ). The bill also introduces various incentives for State Guard members, such as educational benefits, tax deductions, property tax reductions, death benefits, worker's compensation, and veteran employment preferences, and allows for the retention of personal firearms. Finally, it defines the conditions under which the Governor, county commissions, and county sheriffs can activate elements of the State Guard for emergency response, with legislative approval required for activations exceeding one month.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4879&year=2026&sessiontype=RS&btype=bill