ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 170
(By Senators Bailey, Walker and Plymale)
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[Originating in the Committee on Finance;
reported March 3, 1999.]
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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; purpose and continuation of
the division; providing for a director of the division and
establishing qualifications therefor; establishing powers and duties of director and members; oath of office; 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be repealed; that article two-d, chapter fifteen of said code be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; purpose; continuation; 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 purpose of the division is to provide
safety and security at the capitol complex and other state
facilities. Pursuant to the provisions of article ten, chapter four
of this code, the division shall continue to exist until the first
day of July, two thousand two.
(b) The governor shall appoint, with the advice and consent of
the Senate, the a qualified director who has been of the division
whose qualifications shall include at least ten years of service as
a law-enforcement
officer for at least ten years with at least three
years in a supervisory law-enforcement position, the has
successfully completed successful completion of 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 an 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 and powers of the director and members.
(a) The director is responsible for the control and
supervision of the division. The director and any member of the
division specified by the director may carry designated weapons in
Kanawha county and
in Kanawha county have the same powers of arrest and law enforcement in Kanawha
county as members of the West Virginia state police as set forth in
subsections (b) and (d), section twelve, article two of this
chapter.
(b) The director may:
(1) Employ necessary personnel, all of whom shall be
classified exempt, assign them the duties necessary for the
efficient management and operation of the division, and specify
members who may carry, without license, weapons designated by the
director;
(2) Contract for security and other services;
(3) Purchase equipment as necessary to maintain security at the capitol complex and other state facilities as may be determined
by the secretary of the department of military affairs and public
safety;
(4) 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 of the
uniforms and equipment. All uniforms, arms, weapons and other
property furnished to members of the division by the state of West
Virginia is and remains the property of the state.
(5) Propose legislative rules for promulgation in accordance
with the provisions of article three, chapter twenty-nine-a of this
code. The rules shall, at a minimum: (i) Establish qualification,
training and certification requirements for 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;
(6) Appoint security officers to provide security on premises
owned or leased by the state of West Virginia;
(7) Upon request by the superintendent of the West Virginia
state police, provide security for the speaker of the West Virginia House of Delegates, the president of the West Virginia Senate, the
governor, or a justice of the West Virginia supreme court of
appeals;
(8) Gather information from a broad base of employees at and
visitors to the capitol complex to determine their security needs
and develop a comprehensive plan to maintain and improve security
at the capitol complex based upon those needs;
(9) 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
(10) Deliver a monthly status report to the speaker of the
West Virginia House of Delegates and the president of the West
Virginia Senate.
§15-2D-4. Oath of office.
(a) 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 _________________.
______________________________
Notary Public
(b) Any member serving on the effective date of this article
shall take and subscribe to the oath within thirty days of the
effective date of this section. Any member hired subsequent to the
effective date of this section shall take and subscribe to the oath
before entering upon the discharge of his or her duties. All 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.
The provisions of this article shall not limit or eliminate
the jurisdiction of law-enforcement agencies at any state facility
or the duty of 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 committee substitute 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 place the division under the
sunset provisions; to clarify the application of the article
establishing the division; to make certain technical revisions; and
to eliminate inconsistencies with present law.
§15-2D-3 and §15-2D-4
have 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.)