ENROLLED

Senate Bill No. 285

(By Senators Anderson, Wooton, Bowman, Buckalew,

Deem, Dittmar, Grubb, Miller, Oliverio, Ross, Schoonover and Scott)
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[Passed February 23, 1996; in effect ninety days from passage.]

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AN ACT 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 the enforcement of laws governing the public service commission; clarifying the duties of law-enforcement officers, prosecuting attorneys and motor carrier inspectors; authorizing motor carrier inspectors to carry handguns in the course of their official duties; establishing qualifications to carry such handguns; providing for the payment of handguns training; clarifying scope of authority of motor carrier inspectors; and making certain technical revisions.

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 the duty of the West Virginia state police and the sheriffs of the counties 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 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 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.