WV SB491

Creates the West Virginia Volunteer State Guard as a state-only military force separate from the National Guard, with a maximum authorized strength of 400 personnel

Allows activation only by the Governor during declared emergencies when the National Guard is in federal service or otherwise called to other duties, for purposes including preserving peace, responding to emergencies, and aiding civil authorities

Requires all members to be U.S. citizens, West Virginia residents, pass criminal background checks with no felony convictions, and meet physical standards equivalent to National Guard requirements

Members serve as unpaid volunteers with no pay or allowances, and are granted liability protection for lawful acts performed in good faith during active service or training

Places the Adjutant General in command under the Governor, with authority to organize, recruit, train, and discipline the force, and prohibits the Guard from being drafted into federal military service