COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 201
(By Senators Bailey and Buckalew)
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[Originating in the Committee on Government Organization;
reported February 5, 1998.]
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A BILL to repeal sections three, four and five, article four,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to repeal sections
five, six, seven, eight and nine, article seven of said
chapter; to amend section ten of said article; and to amend
chapter fifteen of said code by adding thereto a new
article, designated article two-d, all relating to creating
within the department of military affairs and public safety
the bureau of state protective service; transferring certain
powers and duties from the general services division and the
information services and communications divisions to the
bureau; the bureau's powers and duties shall include law
enforcement, security and regulating parking at the capitol
complex and state property, and centralizing mail at the
capitol complex; appointment of a director and chiefs; defining capitol complex and state property; powers and
duties of the bureau's director, chiefs and employees;
prohibiting the carrying of deadly weapons within the
capitol complex and state property; prohibiting the killing
of animals and birds on capitol grounds and state property;
requiring control of dogs while on capitol grounds and state
property; exception; providing criminal penalties and
parking penalties; and creating special fund.
Be it enacted by the Legislature of West Virginia:
That sections three, four and five, article four, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be repealed; that sections five, six,
seven, eight and nine, article seven of said chapter be repealed;
that section ten 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 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISIONS.
§5A-7-10. Special fund created; payments into fund; charges for services; disbursements from fund.
For the operation of the division, there is hereby created
in the state treasury a special revolving fund to be known and
designated as the "information services and communications fund".
This fund shall consist of appropriations made by the Legislature; funds transferred in accordance with the provisions
of section four of this article; funds received for data
processing and telecommunication and central mailing office
services rendered to other agencies, departments, units of state
and local government and any other entity; and funds received
from the federal government or any agency or department thereof,
which federal funds the division is hereby authorized to receive.
Each agency, department, unit of state or local government
or any other entity served by the information services and
communications division, is hereby authorized and directed to
transmit to the division for deposit in said special fund the
charges made by the agency for data processing and
telecommunication and central mailing office services rendered,
such charges to be those fixed in a schedule or schedules
prepared by the director and approved by the governor. Disbursements from the fund shall be made in accordance with
an approved expenditure schedule as provided by article two,
chapter five-a of this code and shall be made under the direct
supervision of the secretary.
CHAPTER 15. DIVISION OF PUBLIC SAFETY.
ARTICLE 2D. BUREAU OF STATE PROTECTIVE SERVICE.
§15-2D-1. Policy.
The Legislature hereby finds that citizens, state employees
and government leaders who park, visit and work at the capitol complex and state property should be safe and secure.
The Legislature also finds that the mail generated in the
capitol complex from all agencies, divisions, departments,
bureaus, branches and units of state government should be sent
and received from one centralized area in the capitol complex.
Many security problems threaten the mail and the expense of
having more than one mail service, the mail needs to be
centralized in one area of the capitol complex and be under
control of security.
It is therefor the policy of this state to provide for the
safety and security of citizens, state employees and government
leaders who park, visit and work at the capitol complex and
state property. This can best be accomplished by the state
through a single bureau within the department of military affairs
and public safety.
§15-2D-2. Bureau created; appointment of director; transfer of
functions; powers and duties of director.
There is hereby created the bureau of state protective
service within the department of military affairs and public
safety. The governor shall appoint a director of the bureau with
the advice and consent of the Senate. The director shall serve
at the will and pleasure of the governor.
The director has the following powers and duties formerly
exercised by the director of the general services division and the director of the information services and communications
division:
(1) Control and supervise each of the bureau's offices;
(2) Employ personnel necessary for the efficient management
and operation of the bureau;
(3) Develop a comprehensive plan to maintain and improve law
enforcement, security, parking and mail at the capitol complex
and state property;
(4) Certify persons as law enforcement, security and parking
officers to increase the powers of arrest and enforce all
applicable provisions of the code and rules promulgated
thereunder within the capitol complex and state property;
(5) Have the general charge and supervision of the central
mailing office at the capitol complex and be responsible for its
security and efficient administration; and
(6) Promulgate legislative rules necessary to carry out the
provisions of this article.
§15-2D-3. Appointment of chiefs.
The director of the bureau of state protective service shall
appoint the chief of protective service and the chief of mail.
The appointee for chief of protective service must have
been a police officer for at least ten years and been in a
supervisory position for at least five years.
The appointee for chief of mail must have at least five years experience in a supervisory position and at least two years
experience in a security related position.
These chiefs shall serve at the will and pleasure of the
director.
§15-2D-4. Property under control of the bureau.
As used in this article, the bureau shall be in control of
the following property:
(a) The capitol complex which consists of those state
properties and buildings located south of Piedmont Avenue, north
of Kanawha Boulevard, west of California Avenue and east of
Greenbrier Street in the city of Charleston.
(b) State property which consists of all property owned,
leased or managed by the state; property where the legislature or
governor convenes on a temporary basis; and any other property
included by rule.
§15-2D-5. Hiring law enforcement officers; oath; carrying
weapons.
The director of state protective service is hereby
authorized to employ bona fide residents of this state that are
certified law enforcement officers, as provided by rules, to act
as law enforcement officers upon the capitol complex and state
property.
Each law enforcement officer shall take and file an oath of
office as required by article one, chapter six of this code. Each law enforcement officer must have a license to carry a gun or any
other dangerous weapon. The license must be obtained in the
manner prescribed by section two, article seven, chapter sixty- one of this code.
The director of state protective service may revoke the
authority of any law enforcement officer by filing a notice of
revocation in the office of the clerk of each county in which the
oath of office was filed or where the law enforcement officer's
license to carry a gun or other dangerous weapon was granted.
§15-2D-6. Powers and duties of law enforcement officers.
Law enforcement officers have the following powers and
duties:
(1) To preserve law and order upon the capitol complex and
state property;
(2) To enforce all laws and have all the power, authority
and responsibility of a deputy sheriff of the county where the
capitol complex or state property is located. This power to
enforce laws does not supersede the authority or duty of any
other law enforcement officer to enforce the provisions of this
section; and
(3) To enforce the provisions of this article and rules
promulgated hereunder.
§15-2D-7. Deadly weapons prohibited at capitol complex and state
property.
(a) The possession of firearms and other deadly weapons upon
the capitol complex and state property 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 person authorized by permit to carry a firearm or
deadly weapon; or
(4) A law enforcement officer employed by 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
acting supervisor of state protective service on duty that he or
she possesses a firearm or deadly weapon. Uniformed law
enforcement officers are not subject to the notification
requirements in this subsection.
§15-2D-8. Unlawful to kill or molest animals or birds on grounds
of capitol complex and state property; control of dogs
on capitol complex and state property; penalties.
(a) No person shall kill or molest any animal or bird on the
capitol complex or state property, except as deemed necessary by
the director of state protective service for the control or
extermination of animals or birds considered to be pests or a
danger to health and safety.
Any person who kills or molests, or knowingly allows a dog
or other animal owned by him or her to kill or molest any animal
or bird on the capitol complex or state property, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars or be
imprisoned in the county or regional jail for not more than six
months, or be both fined and imprisoned.
(b) No person shall knowingly allow a dog owned by him or
her to be on the capitol complex or state property, unless the
dog is under control by leash. Any person who knowingly allows
a dog owned by him or her to be on the capitol complex or state
property, while not under control by leash is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than twenty-five nor more than one hundred dollars.
(c) No person shall knowingly allow a dog or other animal
owned by or under his or her control to defecate on the capitol
complex or state property. In the event that a dog or other
animal owned by or under the control of a person defecates on the
capitol complex or state property, the person shall remove such
defecation. Any person who knowingly allows a dog or other
animal owned by or under his or her control to defecate on the
capitol complex or state property, and who subsequently fails to
remove said defecation, is guilty of a misdemeanor and upon
conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
(d) Subsections (b) and (c) of this section shall not apply
to the governor and his or her family members while they reside
in the governor's mansion.
§15-2D-9. Hiring parking officers; powers and duties.
The director of state protective service is hereby
authorized to employ bona fide residents of this state to act as
parking officers upon the capitol complex and state property.
Parking officers have the following powers and duties:
(1) To regulate parking of motor vehicles upon the capitol
complex or state property;
(2) To enforce all parking laws;
(3) To enforce the provisions of this article and rules
promulgated hereunder dealing with parking;
(4) To issue fines for vehicle parking violations; and
(5) To control all entry points to the capitol complex and
state property.
§15-2D-10. Parking penalties.
Any person parking any motor vehicle upon the capitol
complex and state property, contrary to the rules promulgated
hereunder shall be subject to a fine of not less than one dollar
nor more than twenty-five dollars for each offense.
A parking officer may cause the removal at the owner's
expense of any vehicle that is parked in violation of such rules. Magistrates in each applicable county shall have jurisdiction of
all such offenses.
§15-2D-11. Hiring mail employees; powers and duties of the chief
of mail.
The director of state protective service is hereby
authorized to employ bona fide residents of this state to run the
central mailing office in the capitol complex.
The chief of mail has the following powers and duties:
(1) Have the general charge and supervision of the central
mailing office and be responsible for its efficient
administration and security;
(2) Check all incoming mail for security reasons;
(3) Charge each spending unit of state government served by
the central mailing office for providing such services;
(4) Keep proper account of the receipts and disbursements of
the central mailing office;
(5) Render to the director of state protective service a
report each month showing the receipts and expenses of the
central mailing office for the preceding month, and shall render
such other reports as the director may require; and
(6) Keep the central mailing office open during regularly
stated hours to serve state spending units.
§15-2D-12. Use of the central mailing office.
All state spending units having their offices in the capitol complex shall dispatch all mail through the central mailing
office: Provided, That mail prepared after gathering time and
mail for special handling may be posted without utilizing the
central mailing office upon approval of the director.
§15-2D-13. Preparation of mail for special rates.
All mail received by the central mailing office shall be
processed and presorted in order to receive the most favorable
mailing rates, unless otherwise directed by the director. The
director is authorized to make such expenditures as are necessary
to process and presort all outgoing mail or to enter into
contracts with any person, firm or corporation engaged in such
business to supply the service.
§15-2D-14. Special fund created; payments into fund; charges for
services; disbursements from fund.
For the operation of this bureau, there is hereby created in
the state treasury a special revolving fund to be known and
designated as the "state protective service fund". This fund
shall consist of appropriations made by the Legislature; funds
received for law enforcement, security, parking and central
mailing office services rendered to other state agencies,
divisions, departments, bureaus, and units of state government;
and funds received from the federal government or any agency or
department thereof, which federal funds the bureau is hereby
authorized to receive.
Each state agency, division, department, bureau, and unit of
state government served by the bureau of state protective
service, is hereby authorized and directed to transmit to the
bureau for deposit in said special fund the charges made by the
state agency, division, department, bureau and unit of state
government for law enforcement, security, parking and central
mailing office services rendered, such charges to be those fixed
in a schedule or schedules prepared by the director of state
protective service and approved by the secretary of military
affairs and public safety.
Disbursements from the fund shall be made in accordance with
an approved expenditure schedule as provided by article two,
chapter five-a of this code and shall be made under the direct
supervision of the secretary of military affairs and public
safety.