West Virginia Code 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.
Terms Used In West Virginia Code 15-1H-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Nonappropriated fund instrumentality: means an enterprise operated exclusively with funds derived from sales or user fees, which receives no legislative appropriations for its operations. See West Virginia Code 15-1H-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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.