COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 420
(By Senators Mitchell and Rowe)
____________
[Originating in the Committee on the Judiciary;
reported March 16, 2001.]
____________
A BILL to amend and reenact section six, article seven, chapter
twenty-four-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to empowering
municipal police officers to enforce violations of the public
service commission's regulatory laws.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter twenty-four-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-6. Duty of prosecuting attorneys and law-enforcement
officers to enforce chapter; regulatory authority of
commission; qualifications of commission employees
designated as motor carrier inspectors.
It
shall be is the duty of the
West Virginia state police,
and
the sheriffs of the counties
and municipal police officers
certified by the United States department of transportation to
perform safety inspections in West Virginia to make arrests and the
duty of the prosecuting attorneys of the several counties to
prosecute all violations of this chapter and of other chapters
governing the regulatory authority of the commission. The
commission employees designated as motor carrier inspectors
shall
have the same authority as law-enforcement officers to enforce the
provisions of this chapter and the provisions of other chapters of
this code governing the regulatory authority of the commission as
such the provisions apply to entities and persons regulated by the
commission in any county or city of this state. Notwithstanding
any provision of this code to the contrary,
such motor carrier
inspectors may carry handguns in the course of their official
duties after meeting specialized qualifications established by the
governor's committee on crime, delinquency and correction, which
qualifications
shall include the successful completion of handgun
training, including a minimum of four hours training in handgun safety, paid for by the commission and comparable to the handgun
training provided to law-enforcement officers by the West Virginia
state police:
Provided, That nothing in this section
shall may be
construed to include motor carrier inspectors within the meaning of
law-enforcement officers as defined in section one, article twenty-
nine, chapter thirty of this code.
______
(NOTE: The purpose of this bill is empower municipal police
officers to enforce violations of the public service commission's
regulatory laws.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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