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of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section four of said article be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.