Senate Bill No. 1
(By Senators Tomblin, Mr. President, and Buckalew)
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[Introduced July 14, 1998.]
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A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-d, relating to
security at the capitol complex; creating within the
department of military affairs and public safety the state
facilities protection division; authorizing appointment of
director and providing qualifications; providing for duties of
the division; authorizing legislative rules; and clarifying
that current authority for supreme court and legislative
security at the capitol complex is not terminated.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-d, to read as
follows:
ARTICLE 2D. STATE FACILITIES PROTECTION DIVISION.
§15-2D-1. Policy.
The Legislature finds and declares that citizens, state
employees and visitors who park, attend functions or work at the
capitol complex should be safe and secure. The Legislature further
finds that it is in the public interest to provide for the safety
and security of individuals who visit and work at the capitol
complex and that this can best be accomplished through a single
division within the department of military affairs and public
safety.
§15-2D-2. Division created.
There is hereby created the state facilities protection
division within the department of military affairs and public
safety. The governor shall appoint, with the advice and consent of
the Senate, a qualified director who has been a law-enforcement
officer for at least ten years, has successfully completed
supervisory and management training, has held a supervisory
position in law enforcement for at least three years and has
completed the professional training required for police officers at the West Virginia state police academy or equivalent professional
law-enforcement training at another state, federal or United States
military institution. The director is responsible for the control
and supervision of each of the division's offices. The director
may appoint deputy directors and assign them duties as may be
necessary for the efficient management and operation of the
division.
§15-2D-3. Duties of division.
The state facilities protection division has the duty to:
(1) Gather information from a broad base of employees and
visitors as to their security needs and develop a comprehensive
plan to maintain and improve security at the capitol complex;
(2) Establish qualifications and training requirements for
persons providing security at the capitol complex, including
law-enforcement officers, who shall have powers of arrest, all
powers and authority of law-enforcement officials set forth in
section three, article fourteen, chapter eight of this code and the
duty to enforce all applicable provisions of this code within the
capitol complex;
(3) Employ personnel or contract for services;
(4) Purchase necessary equipment to maintain security at the
capitol complex; and
(5) Establish, through rules proposed for legislative approval
in accordance with the provisions of article three, chapter twenty- nine-a of this code, which rules shall, at minimum, establish
qualification, training and certification procedures for security
personnel, and guidelines and protocols necessary to carry out the
intent of this article.
§15-2D-4. Effect of article.
The provisions of this article shall not apply to the West
Virginia Senate, the West Virginia House of Delegates, the West
Virginia Legislature or the West Virginia Supreme Court of Appeals,
or to any part of the capitol complex under the supervision or
control of the West Virginia Senate, the West Virginia House of
Delegates, the West Virginia Legislature or the West Virginia
Supreme Court of Appeals, unless agreed to by the president of the
West Virginia Senate, the speaker of the West Virginia House of
Delegates, or jointly by the president of the West Virginia Senate
and speaker of the West Virginia House of Delegates, or by order of
the West Virginia Supreme Court of Appeals, and then only to the extent that the president of the West Virginia Senate, the speaker
of the West Virginia House of Delegates or the West Virginia
Supreme Court of Appeals agrees to such application, and then only
to theat part of the capitol complex under the supervision or
control of the respective houses of the Legislature, individually
or jointly, or of the court.
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(NOTE: The purpose of this bill is to create within the
Department of Military Affairs and Public Safety the State
Facilities Protection Division, which would be responsible for
security within the capitol complex.
§15-2D-2D. is new; therefore, strike-throughs and underscoring
have been omitted.)