Senate Bill No. 170
(By Senators Bailey, Walker and Plymale)
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[Introduced January 20, 1999;
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 article two-d, chapter
fifteen of said code; and to amend and reenact section three,
article ten of said chapter, all relating to providing safety
and security at the capitol complex and other state
facilities; setting forth legislative findings; establishing
division of protective services; providing for a director of
the division and establishing qualifications therefor; setting
forth duties of director; establishing powers and duties of
director and members; requiring oath of office; limiting
applicability of article; and authorizing division to
cooperate with other law-enforcement agencies.
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be repealed; that article two-d, chapter fifteen of said code be
amended and reenacted; and that section three, article ten of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
§15-2D-1. Legislative findings.
The Legislature finds and declares that citizens, state
employees and visitors who park, attend functions, conduct business
or work at the capitol complex and other state facilities should be
safe and secure. The Legislature further finds and declares that
it is in the public interest to provide for the establish a
division within the department of military affairs and public
safety for the purpose of providing safety and security of to
individuals who visit, and conduct business or 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 other state facilities.
§15-2D-2. Division established; appointment and qualifications of
director.
(a) There is hereby created the The state facilities protection division within the department of military affairs and
public safety shall hereafter be designated the division of
protective services. The primary purpose of the division is to
provide safety and security at the capitol complex and other state
facilities. It is the intent of the Legislature, in addition to
other powers and duties set forth in this article, to assign the
division the authority heretofore given the secretary of the
department of administration under the provisions of section three,
article four, chapter five-a of this code.
. (b) The governor shall appoint, with the advice and consent of
the Senate, a qualified an individual to serve as director who has
been of the division whose minimum qualifications include service
as a law-enforcement officer for at least ten years, has
successfully completed successful completion of supervisory and
management training, has held at least three years of service in
a supervisory position in law enforcement for at least three years
and has completed successful completion of 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 division. The director may appoint
deputy directors and other employees, all of whom shall be classified-exempt, and assign them duties as may be necessary for
the efficient management and operation of the division. The
director and other employees of the division, other than clerical
and support staff, may be referred to as members of the division of
protective services.
§15-2D-3. Duties of director.
The state facilities protection director of the division has
the duty to:
(1) Employ necessary personnel, all of whom shall be
classified non-exempt;
(2) Contract for security and other services;
(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) (3) Purchase necessary equipment to establish and maintain
security at the capitol complex and other state facilities as may
be determined by the secretary of military affairs and public safety; and
(5) (4) Establish, through Propose rules proposed for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, which rules shall, at a
minimum,: (i) Establish qualification, training and certification
procedures requirements for security personnel, and guidelines and
protocols necessary to carry out the intent of this article members
of the division, which shall include the basic academy training
standards established by the governor's committee on crime,
delinquency and prevention; (ii) establish ranks and the duties of
officers within the membership of the division; and (iii) establish
a personnel policy and grievance procedure;
(1) (5) Gather information from a broad base of employees and
visitors as to the capitol complex to determine their security
needs and to develop a comprehensive plan to maintain and improve
security at the capitol complex based upon such needs;
(6) Assess safety and security needs and make recommendations
for safety and security at any proposed or existing state facility
as determined by the secretary of the department of military
affairs and public safety, upon request of the secretary of the
department to which the facility is or will be assigned; and
(7) Deliver a status report to and appear before the joint committee on government and finance during each interim meeting of
the Legislature beginning in the year one thousand nine hundred
ninety-nine.
§15-2D-4. Powers of director and members; oath of office.
(a) The director and any member of the division specified by
the director shall be permitted to carry arms and weapons
designated by the director, and no license shall be required for
such privilege.
(b) The director shall establish and provide standard
uniforms, arms, weapons and other enforcement equipment authorized
for use by members of the division and shall provide for the
periodic inspection thereof. All uniforms, arms, weapons and other
property furnished to members of the division by the state of West
Virginia shall be and remain the property of the state.
(c) The director and each member of the division shall have
the same powers of arrest and law enforcement duties as set forth
in subsections (b) and (d), section twelve, article two of this
chapter for members of the division of public safety.
(d) The director and each member of the division shall take
and subscribe to an oath of office in form and effect as follows:
State of West Virginia
County of ____________, to wit:
I, _______________________, do solemnly swear that I will
support the Constitution of the United States and the Constitution
of the State of West Virginia, and I will honestly and faithfully
perform the duties imposed upon me by the law as a member of the
Division of Protective Services to the best of my skill and
judgement.
______________________________
Taken, subscribed and sworn to before me, this _____ day of
_________________.
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Notary Public
Any member serving on the effective date of this article shall take
and subscribe to the oath within thirty days of the effective date
hereof. Any member hired subsequent to the effective date hereof
shall take and subscribe to the oath before entering upon the
discharge of his or her duties. All such oaths shall be filed and
preserved in the office of the division of protective services.
§15-2D-5. Application 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 that part of the capitol complex under the supervision or
control of the respective houses of the Legislature, individually
or jointly, or of the court.
The provisions of this article shall not be deemed to limit or
eliminate the jurisdiction of local law enforcement agencies at any
state facility or the duty of local law enforcement agencies to
respond to calls at any state facility.
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-3. Definitions.
In this article, unless a different meaning plainly is
required:
(1) "Criminal justice enforcement personnel" means those persons within the state criminal justice system who are actually
employed as members of the division of public safety, members of
the division of protective services, state conservation officers,
chiefs of police and police of incorporated municipalities, and
county sheriffs and their deputies, and whose primary duties are
the investigation of crime and the apprehension of criminals.
(2) "Head of a law-enforcement agency" means the
superintendent of the division of public safety, the director of
the division of protective services, the chief conservation officer
of the division of natural resources, a chief of police of an
incorporated municipality or a county sheriff.
NOTE: The purpose of this bill is to change the name of the
State Facilities Protection Division to the Division of Protective
Services; to establish the powers and duties of the director of the
division; to clarify the application of the article establishing
the division; to make certain technical revisions; and to eliminate
inconsistencies with present law.
§15-2D-4 has been completely rewritten; therefore strike- throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.