H. B. 2286


(By Delegates Douglas, Collins, Tucker, Prunty, Claypole, Stalnaker and Capito)


(Originating in the Committee on Government Organization)

[February 28, 1997]




A BILL to amend and reenact section two, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, continuing the West Virginia state police until the first day of July, one thousand nine hundred ninety-nine.

Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§15-2-2. Superintendent; departmental headquarters; continuation of the state police.
The department of public safety, heretofore established, shall be continued and hereafter shall be known as the West Virginia state police. Wherever the words "department of public safety" or "division of public safety" appear in this code, they shall mean the West Virginia state police. The governor shall nominate, and by and with the advice and consent of the Senate, appoint a superintendent to be the executive and administrative head of the department. Notwithstanding any provision of this code to the contrary, the superintendent shall be paid an annual salary of sixty thousand dollars. The superintendent shall hold the rank of colonel and is entitled to all rights, benefits and privileges of regularly enlisted members. On the date of his or her appointment, the superintendent shall be at least thirty years of age. Before entering upon the discharge of the duties of his or her office, he or she shall execute a bond in the penalty of ten thousand dollars, payable to the state of West Virginia and conditioned upon the faithful performance of his or her duties. Such bond both as to form and security shall be approved as to form by the attorney general, and to sufficiency by the governor.
Before entering upon the duties of his or her office the superintendent shall subscribe to the oath hereinafter provided. The headquarters of the department shall be located in Kanawha County.
Pursuant to the provisions of article ten, chapter four of this code, the West Virginia state police shall continue to exist until the first day of July, one thousand nine hundred ninety-seven, to allow for the completion of a preliminary performance review through the joint committee on government operations ninety-nine.

NOTE: The purpose of this bill is to continue the West Virginia State Police until July 1, 1999, pursuant to the provisions of the West Virginia Sunset Law.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended by the Joint Committee on Government Operations for passage during the 1997 Regular Session of the Legislature.