ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 170
(Senators Bailey, Walker and Plymale, original sponsors)
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[Passed March 13, 1999; in effect ninety days from passage.]
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AN ACT to amend and reenact article two-d, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended; 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; legislative rules; interagency
agreement; status report; 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 article two-d, chapter fifteen of said the code of West
Virginia, one thousand nine hundred thirty-one, ass amended, 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 establish
a division within the department of military affairs and public
safety for the purpose of providing safety and security to
individuals who visit, conduct business or work at the capitol
complex and other state facilities.
§15-2D-2. Division established; purpose; continuation;
appointment and qualifications of director.
(a) 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 director of the division whose qualifications
shall include at least ten years of service as a law-enforcement
officer with at least three years in a supervisory law- enforcement position, the successful completion of supervisory
and management training, and 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.
§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
and have the same powers of arrest and law enforcement in Kanawha
cCounty 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) Appoint security officers to provide security on
premises owned or leased by the state of West Virginia;
(6) 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;
(7) 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; and
(8) 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.
(c) The director shall:
(1) On or before the first day of July, one thousand nine
hundred ninety-nine, 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:
(A) 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;
(B) Establish ranks and the duties of officers within the
membership of the division; and
(C) Establish a personnel policy and grievance procedure.
(2) On or before the first day of July, one thousand nine
hundred ninety-nine, enter into an interagency agreement with the
secretary of the department of military affairs and public safety
and the secretary of the department of administration, which
delineates their respective rights and authorities under any
contracts or subcontracts for security personnel. A copy of the
interagency agreement shall be delivered to the governor, the
president of the West Virginia Senate and the speaker of the West
Virginia House of Delegates, and a copy shall be filed in the
office of the secretary of state and shall be a public record.
(3) 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 conformity with article fourIV,
section five of the Cconstitution of the state of West Virginia.
(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.
(a) 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.
(b) 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.