Senate Bill No. 461
(By Senator Sprouse)
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[Introduced March 24, 1997; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-six-b, relating to the creation of the task force on gangs; legislative findings; membership; report to Legislature and governor; and dissolution date.

Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-six-b, to read as follows:
Article 26B. Task Force on Gangs.
§5-26B-1. Legislative findings.
The Legislature finds that a proliferation of gangs and gang activities in the state's schools and communities may be raising crime rates and affecting the quality of life for law-abiding citizens. In order to address the seriousness of this problem, the Legislature finds that a task force should be created to study gangs and gang activity in the state and to report findings, statistics and possible solutions to the Legislature.
§5-26B-2. Task force on gangs created; primary function; membership; content of report to Legislature.
(a) There is created the West Virginia task force on gangs. The task force shall consist of fifteen members, as follows:
(1) The superintendent of the division of public safety, ex officio, or his or her designee;
(2) The commissioner of the division of corrections, ex officio, or his or her designee;
(3) The director of criminal justice and highway safety, ex officio, or his or her designee;
(4) The superintendent of the department of education, ex officio, or his or her designee;
(5) The commissioner of the bureau of employment programs, ex officio, or his or her designee;
(6) The coordinator of the governor's cabinet on children and families, ex officio, or his or her designee;
(7) The executive director of the regional jail facility and authority, ex officio, or his or her designee;
(8) A representative of the governor's office, to be appointed by the governor;
(9) Two members of the West Virginia Senate, to be appointed by the president of the Senate;
(10) Two members of the West Virginia House of Delegates, to be appointed by the speaker of the House;
(11) A representative of municipal government, to be appointed by the governor;
(12) A representative of county government, to be appointed by the governor; and
(13) A representative of local law enforcement, to be appointed by the governor.
There shall also be present at all meetings a staff attorney from the legislative manager's office whose duty it shall be to undertake any research needed by the task force, and to draft a report and legislation as directed by the task force. The staff attorney is not a member of the task force.
(b) The task force has as its primary function to produce a report on gangs and gang activity in the state, including in the report proposed legislation to address problems and issues uncovered by the task force. The report will be presented, in written form, to the governor and to both houses of the Legislature on or before the first day of January, one thousand nine hundred ninety-nine.
(c) It shall be the duty of the task force to meet at least four times at places and times to be agreed upon at the first meeting. Eight members constitutes a quorum for the purpose of meeting and conducting business. At the first meeting, the task force shall elect a chair person, set goals for the task force, decide upon research needed, if any, to assist the task force in reaching its goals, and set deadlines for drafting the report and accompanying legislation.
(d) The final report shall address at least the following:
(1) Problems encountered with gangs and gang activities in various regions of the state;
(2) Problems encountered with gangs and gang activities in the state's schools;
(3) Representative experiences of municipal, county and state law-enforcement agencies and of local school systems in dealing with gangs and gang activities;
(4) Local and state initiatives or legislation which have dealt effectively with gangs or gang activities in other states;
(5) Proposed legislation, including drafts of the legislation, to address problems concerning gangs or gang activities in the state;
(6) Proposals for other initiatives or action which may be taken by municipal, county or state government; local or state law-enforcement agencies; county boards of education; the state board of education; or the governor which would be effective in dealing with the problem of gangs or gang activities; and
(7) Any and all dissenting views from any of the task force members as to any of the proposals made or legislation drafted by the task force.
§5-26B-3. Compensation of the membership; dissolving the task force.
The members of the task force shall be paid a perdiem sum commensurate with that paid to legislative members for attending interim meetings. In addition, each member will be reimbursed for actual and necessary expenses incident to the performance of his or her duties pursuant to this article.
The task force shall be dissolved upon completion of the mandates imposed upon it by this article, or after the first day of January, one thousand nine hundred ninety-nine, whichever comes first.

NOTE: The purpose of this bill is to create the West Virginia Task Force on Gangs. The task force is made up of fifteen members, including state agency representatives, legislative members and representatives from local schools and law enforcement. The task force shall exist until January 1, 1999. Its primary function is to present a report, including proposed legislation, to the governor and the Legislature concerning gangs and gang activities in the state.

This article is new, therefore, strike-throughs and underscoring have been omitted.