Senate Bill No. 201

(By Senators Bailey and Buckalew )

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[Introduced January 22, 1998; referred to the Committee
on Government Organization; and then to the Committee on Finance.]
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A BILL to repeal section three, article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty- one, as amended; to amend and reenact section four of said article; and to amend chapter fifteen of said code by adding thereto a new article, designated article two-d, all relating to security at the capitol complex; creating within the department of military affairs and public safety the capitol security division; transferring duties from general services division; prohibiting the carrying of deadly weapons within the capitol complex; prohibiting the killing of animals on capitol grounds; requiring control of dogs while on capitol grounds; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:
That section three, article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section four of said article be amended and reenacted; and that chapter fifteen of said code be amended by adding thereto a new article, designated article two-d, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 4. GENERAL SERVICES DIVISION.

§5A-4-4. Unlawful to kill or molest animals on grounds of capitol; control of dogs on capitol grounds; penalties.
In addition to the duties of persons appointed and qualified as security officers pursuant to section three, article four, chapter five-a of this code, to preserve law and order on any premises under the jurisdiction of the secretary to which he may be assigned by the secretary, such security officers shall have authority and it shall be the duty of such security officers to enforce the provisions of this section. This authority and duty of security officers shall not be deemed to supersede in any way the authority or duty of other peace officers to enforce the provisions of this section.
It shall be unlawful at any time to (a) No person may kill or molest in any manner, any animals, birds or fowls animal on the grounds of the capitol buildings or governor's mansion, except as may be deemed considered necessary by the secretary for the control or extermination of animals birds or fowls deemed considered by him or her to be pests or a danger to the health and safety. Any person who kills or molests in any manner, or knowingly allows a dog or other animal owned by him or her to kill or molest in any manner any animals, birds or fowls animal on the grounds of the capitol buildings or governor's mansion shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars or, in the discretion of the court, be imprisoned in the county or regional jail for not more than six months, or both such fine and imprisonment fined and imprisoned.
It shall be unlawful for any (b) No person to may knowingly allow a dog owned by him or her to be upon the grounds of the capitol buildings or governor's mansion unless such the dog is under control by leash. Any person who knowingly allows a dog owned by him or her to be upon the grounds of the capitol buildings or governor's mansion while not under control by leash
shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
It shall further be unlawful for any (c) No person to may knowingly allow a dog or other animal owned by him or her or under his or her control to defecate upon the grounds of the capitol buildings or governor's mansion. In the event that a dog or other animal owned by or under the control of a person defecates upon the grounds of the capitol buildings or governor's mansion, the person shall remove such defecation. Any person who knowingly allows a dog or other animal owned by him or her or under his or her control to defecate upon the grounds of the capitol buildings or governor's mansion and who subsequently fails to remove said defecation, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
CHAPTER 15. DIVISION OF PUBLIC SAFETY.

ARTICLE 2D. CAPITOL SECURITY DIVISION.
§15-2D-1. Policy.
It is the policy of the state to provide for the safety and security of citizens, state employees and government leaders who visit and work at the capitol complex. This can best be accomplished by the state through a single division within the department of military affairs and public safety.
§15-2D-2. Division created.
There is hereby created the division of capitol security within the department of military affairs and public safety. The governor shall appoint a director of the division with the advice and consent of the Senate. 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 are necessary for the efficient management and operation of the division.
§15-2D-3. Transfer of functions; duties of division.
The division of capitol security has the duty, formerly exercised by the general services division, to:
(1) Develop a comprehensive plan to maintain and improve security at the capitol complex;
(2) Propose rules consistent with the provisions of this article;
(3) Employ personnel or contract for services;
(4) Certify persons as law-enforcement officers to increase the powers of arrest and enforce all applicable provisions of the code within the capitol complex; and
(5) Establish through legislative rules, guidelines and protocols that are necessary to carry out the intent of this article.
§15-2D-4. Capitol complex.
The capitol complex consists of those state properties and buildings located south of Washington Street, East, north of the Kanawha River, west of California Avenue and east of Greenbrier Street in the city of Charleston, and any other state owned or occupied property included by rule.
§15-2D-5. Deadly weapons prohibited at capitol complex.
(a) The possession of firearms and other deadly weapons on the grounds of, or within the buildings comprising the capitol complex, is prohibited, except when a firearm or deadly weapon is possessed by:
(1) A certified law-enforcement officer;
(2) A judicial official authorized by this code to carry a firearm or deadly weapon;
(3) A member of the judiciary or Legislature who is authorized by permit to carry a firearm or deadly weapon; or
(4) A person authorized by the director of the division of capitol security.
(b) Any person exempt pursuant to subsection (a) who is entering the grounds of the capitol complex shall notify the division of capitol security that he or she possesses a firearm or deadly weapon. Uniformed law-enforcement officers are not subject to the notification requirements in this subsection.


NOTE: The purpose of this bill is to create within the Department of Military Affairs and Public Safety the Capitol Security Division, which would be responsible for security within the capitol complex. It also prohibits the possessing of deadly weapons within the capitol complex.

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

§15-2D is new; therefore, strike-throughs and underscoring have been omitted.