H. B. 3110
(By Delegates Shaver, Talbott, Hartman,
Williams, Varner, Azinger, Evans and Crosier)
[Introduced January 13, 2010; referred to the
Committee on Natural Resources then Government Organization.]
A BILL to amend and reenact §20-7-1 of the Code of West Virginia,
1931, as amended, relating to renaming conservation officers
to be natural resources police officers.
Be it enacted by the Legislature of West Virginia:
That §20-7-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
PART I. LAW ENFORCEMENT, PROCEDURES AND PENALTIES.
§20-7-1. Chief conservation officer; conservation officers;
special and emergency conservation officers Chief
natural resources police officer; natural resources
police officers; special and emergency natural
resources police officers; subsistence allowance;
expenses.
(a) The division's law-enforcement policies, practices and programs shall be under the immediate supervision and direction of
the division law-enforcement officer selected by the director and
designated as chief
conservation officer natural resources police
officer as provided in section thirteen, article one of this
chapter.
(b) Under the supervision of the director, the chief
conservation officer natural resources police officer shall
organize, develop and maintain law-enforcement practices, means and
methods geared, timed and adjustable to seasonal, emergency and
other needs and requirements of the division's comprehensive
natural resources program. All division personnel detailed and
assigned to law-enforcement duties and services under this section
shall be known and designated as
conservation officers natural
resources police officers and shall be under the immediate
supervision and direction of the chief
conservation officer natural
resources police officer. All
conservation officers natural
resources police officers shall be trained, equipped and
conditioned for duty and services wherever and whenever required by
division law-enforcement needs.
(c) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is authorized to
select and appoint emergency
conservation officers natural
resources police officers for a limited period of time for
effective enforcement of the provisions of this chapter when considered necessary because of emergency or other unusual
circumstances. The emergency
conservation officers natural
resources police officers shall be selected from qualified civil
service personnel of the division, except in emergency situations
and circumstances when the director may designate officers, without
regard to civil service requirements and qualifications, to meet
law-enforcement needs. Emergency
conservation officers natural
resources police officers shall exercise all powers and duties
prescribed in section four of this article for full-time salaried
conservation officers natural resources police officers except the
provisions of subdivision (8) of said section.
(d) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is also
authorized to select and appoint as special
conservation officers
natural resources police officers any full-time civil service
employee who is assigned to, and has direct responsibility for
management of, an area owned, leased or under the control of the
division and who has satisfactorily completed a course of training
established and administered by the chief
conservation officer
natural resources police officer, when such action is considered
necessary because of law-enforcement needs. The powers and duties
of a special
conservation officer natural resources police officer,
appointed under this provision, is the same within his or her
assigned area as prescribed for full-time salaried
conservation officers natural resources police officers. The jurisdiction of
the person appointed as a special
conservation officer natural
resources police officer, under this provision, shall be limited to
the division area or areas to which he or she is assigned and
directly manages.
(e) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is also
authorized to appoint as special
conservation officers natural
resources police officers any full-time civil service forest fire
control personnel who have satisfactorily completed a course of
training established and administered by the chief
conservation
officer natural resources police officer. The jurisdiction of
forest fire control personnel appointed as special
conservation
officers natural resources police officers is limited to the
enforcement of the provisions of article three of this chapter.
(f) The chief
conservation officer natural resources police
officer, with the approval of the director, has the power and
authority to revoke any appointment of an emergency
conservation
officer natural resources police officer or of a special
conservation officer natural resources police officer at any time.
(g) Conservation officers natural resources police officers
are subject to seasonal or other assignment and detail to duty
whenever and wherever required by the functions, services and needs
of the division.
(h) The chief
conservation officer natural resources police
officer shall designate the area of primary residence of each
conservation officer natural resources police officer, including
himself or herself. Since the area of business activity of the
division is actually anywhere within the territorial confines of
the State of West Virginia, actual expenses incurred shall be paid
whenever the duties are performed outside the area of primary
assignment and still within the state.
(i) Conservation officers Natural resources police officers
shall receive, in addition to their base pay salary, a minimum
monthly subsistence allowance for their required telephone service,
dry cleaning or required uniforms, and meal expenses while
performing their regular duties in their area of primary assignment
in the amount of $130 each month. This subsistence allowance does
not apply to special or emergency
conservation officers natural
resources police officers appointed under this section.
(j) After June 30, 2009, all those full time law-enforcement
officers employed by the Division of Natural Resources as
conservation officers shall be titled and known as natural
resources police officers. Wherever in this code the term
"conservation officer" is used it shall be redefined as and mean
"natural resources police officer."
NOTE: The purpose of this bill is to rename conservation
officers to be natural resources police officers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.