Senate Bill No. 318
(By Senator Kessler)
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[Introduced February 20 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §15-2D-3 and §15-2D-7 of the Code of
West Virginia, 1931, as amended, all relating to the West
Virginia Division of Protective Services generally;
authorizing division personnel to have law-enforcement
authority as to state facilities throughout the state; and
authorizing the division to assess, charge and collect fees
from state spending units for costs and expenses incurred by
the division during extraordinary events held on state
property.
Be it enacted by the Legislature of West Virginia:
That §15-2D-3 and §15-2D-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2D. PROTECTIVE SERVICES.
§15-2D-3. Duties and powers of the director and officers.
(a) The director is responsible for the control and
supervision of the division. The director and any officer of the
division specified by the director may carry designated weapons and
have the same powers of arrest and law enforcement in Kanawha
County as members of the West Virginia State Police as set forth in
subsections (b) and (d), section twelve, article two of this
chapter.
(b) Any officer of the division shall be certified as a law-
enforcement officer by the Governor's Committee on Crime,
Delinquency and Correction or may be conditionally employed as a
law-enforcement officer until certified in accordance with the
provisions of section five, article twenty-nine, chapter thirty of
the Code of West Virginia, 1931, as amended.
(c) The director may:
(1) Employ necessary personnel, all of whom shall be
classified exempt, assign them the duties necessary for the
efficient management and operation of the division, and specify
members who may carry, without license, weapons designated by the
director;
(2) Contract for security and other services;
(3) Purchase equipment as necessary to maintain security at
the capitol complex and other state facilities as may be determined
by the Secretary of the Department of Military Affairs and Public
Safety;
(4) Establish and provide standard uniforms, arms, weapons and
other enforcement equipment authorized for use by members of the
division and shall provide for the periodic inspection of the
uniforms and equipment. All uniforms, arms, weapons and other
property furnished to members of the division by the State of West
Virginia is and remains the property of the state;
(5) Appoint security officers to provide security on premises
owned or leased by the State of West Virginia;
(6) Upon request by the superintendent of the West Virginia
State Police, provide security for the Speaker of the West Virginia
House of Delegates, the President of the West Virginia Senate, the
Governor, or a Justice of the West Virginia Supreme Court of
Appeals;
(7) Gather information from a broad base of employees at and
visitors to the capitol complex to determine their security needs
and develop a comprehensive plan to maintain and improve security
at the capitol complex based upon those needs; and
(8) Assess safety and security needs and make recommendations
for safety and security at any proposed or existing state facility
as determined by the Secretary of the Department of Military
Affairs and Public Safety, upon request of the secretary of the
department to which the facility is or will be assigned.
(d) The director shall:
(1) On or before July 1, 1999, propose legislative rules for promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code. The rules shall, at a minimum
establish ranks and the duties of officers within the membership of
the division.
(2) On or before July 1, 1999, enter into an interagency
agreement with the Secretary of the Department of Military Affairs
and Public Safety and the Secretary of the Department of
Administration, which delineates their respective rights and
authorities under any contracts or subcontracts for security
personnel. A copy of the interagency agreement shall be delivered
to the Governor, the President of the West Virginia Senate and the
Speaker of the West Virginia House of Delegates, and a copy shall
be filed in the office of the Secretary of State and shall be a
public record.
(3) Deliver a monthly status report to the speaker of the West
Virginia House of Delegates and the president of the West Virginia
Senate.
§15-2D-7. Security Enforcement Fund.
There is hereby created in the State Treasury a special
revenue fund designated the "Security Enforcement Fund." The money
of the fund shall be made available for investment under the
provisions of article six, chapter twelve of this code. The fund
shall consist of all gifts, grants, bequests, transfers,
appropriations or other donations which may be received from any governmental entity or unit or any person, firm, foundation,
corporation, association or other entity, and all interest or other
return accruing to the fund.
The money in the fund shall be used for the operation of the
division and for the costs and expenses incurred pursuant to this
article. Any balance including accrued interest in the fund at the
end of any fiscal year shall not revert to the General Fund but
shall remain in the fund for those purposes.
The director may assess, charge and collect fees from state
spending units or private entities for the direct costs and
expenses incurred by the division or members of the division while
providing law enforcement services during extraordinary events held
at the State Capitol Complex and other premises owned, occupied or
leased by the State of West Virginia. Expenses shall include, but
not be limited to, the payment of personnel hours, travel expenses
and for materials, equipment and supplies.
NOTE: The purpose of this bill is to expand Division of
Protective Services jurisdiction to state property throughout the
state and to clarify the Division of Protective Services may charge
fees to state spending units for services at extraordinary events.
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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