Senate Bill No. 637
(By Senator Dittmar)
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[Introduced February 22, 1999;
referred to the Committee on Natural Resources.]
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A BILL to amend and reenact section one, article seven, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to changing the
name of "conservation officers" to "natural resources
police".
Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended
, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
PART I. LAW ENFORCEMENT, PROCEDURES AND PENALTIES.
§20-7-1. Chief conservation officer; conservation officers;
special and emergency conservation officers; subsistence allowance; expenses; conservation officers renamed natural resources police;
effective date.
(a) The division's law-enforcement policies, practices and
programs shall be under the immediate supervision and direction
of the division law-enforcement officer selected by the director
and designated as chief conservation officer as provided in
section thirteen, article one of this chapter.
(b) Under the supervision of the director, the chief
conservation officer shall organize, develop and maintain
law-enforcement practices, means and methods geared, timed and
adjustable to seasonal, emergency and other needs and
requirements of the division's comprehensive natural resources
program. All division personnel detailed and assigned to
law-enforcement duties and services under this section shall be
known and designated as conservation officers and shall be under
the immediate supervision and direction of the chief conservation
officer. All conservation officers shall be trained, equipped
and conditioned for duty and services wherever and whenever
required by division law-enforcement needs.
(c) The chief conservation officer, acting under supervision
of the director, is authorized to select and appoint emergency
conservation officers for a limited period of time for effective
enforcement of the provisions of this chapter when considered
necessary because of emergency or other unusual circumstances.
The emergency conservation officers shall be selected from
qualified civil service personnel of the division, except in
emergency situations and circumstances when the director may
designate officers, without regard to civil service requirements
and qualifications, to meet law-enforcement needs. Emergency
conservation officers shall exercise all powers and duties
prescribed in section four of this article for full-time salaried
conservation officers except the provisions of subdivision (8) of
said section.
(d) The chief conservation officer, acting under supervision
of the director, is also authorized to select and appoint as
special conservation officers any full-time civil service
employee who is assigned to, and has direct responsibility for
management of, an area owned, leased or under the control of the
division and who has satisfactorily completed a course of
training established and administered by the chief conservation officer, when such action is considered necessary because of
law-enforcement needs. The powers and duties of a special
conservation officer, appointed under this provision, is the same
within his or her assigned area as prescribed for full-time
salaried conservation officers. The jurisdiction of the person
appointed as a special conservation officer, under this
provision, shall be limited to the division area or areas to
which he or she is assigned and directly manages.
(e) The chief conservation officer, acting under supervision
of the director, is also authorized to appoint as special
conservation officers any full-time civil service forest fire
control personnel who have satisfactorily completed a course of
training established and administered by the chief conservation
officer. The jurisdiction of forest fire control personnel
appointed as special conservation officers is limited to the
enforcement of the provisions of article three of this chapter.
(f) The chief conservation officer, with the approval of the
director, has the power and authority to revoke any appointment
of an emergency conservation officer or of a special conservation
officer at any time.
(g) Conservation officers are subject to seasonal or other assignment and detail to duty whenever and wherever required by
the functions, services and needs of the division.
(h) The chief conservation officer shall designate the area
of primary residence of each conservation officer, including
himself or herself. Since the area of business activity of the
division is actually anywhere within the territorial confines of
the state of West Virginia, actual expenses incurred shall be
paid whenever the duties are performed outside the area of
primary assignment and still within the state.
(i) Conservation officers shall receive, in addition to
their base pay salary, a minimum monthly subsistence allowance
for their required telephone service, dry cleaning or required
uniforms, and meal expenses while performing their regular duties
in their area of primary assignment in the amount of one hundred
thirty dollars each month. This subsistence allowance does not
apply to special or emergency conservation officers appointed
under this section.
(j) After the thirtieth day of June, one thousand nine
hundred ninety-nine, all full-time law-enforcement officers
employed by the division of natural resources and referred to as
conservation officers, shall be known as and referred to as natural resources police. Wherever such law-enforcement officers
are referred to in this code as "conservation officers" that term
means "natural resources police".
NOTE: The purpose of this bill is to rename full-time
salaried conservation officers. After June 30, 1999,
conservation officers will become natural resources police.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.