Senate Bill No. 6012
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced October 21, 2001; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-a, relating to
the creation of the West Virginia homeland security
commission; designation of the composition of said commission;
designation of officers; members of said commission entitled
to expenses; designation of meeting and voting requirements;
designation of the powers and duties of said commission
generally; pronouncement of legislative findings; and
designation of certain exemptions from law for said
commission.
Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article six-a, to read as follows:
ARTICLE 6A. WEST VIRGINIA HOMELAND SECURITY COMMISSION.
§5-6A-1. Creation; composition.
There is hereby created a West Virginia homeland security
commission, hereinafter referred to as the homeland security
commission, which shall be comprised of thirteen members. The
membership of the homeland security commission consists of: The
governor, or his or her designee; the President of the State Senate
and one other senator as designated by the president; the Speaker
of the House of Delegates and one other delegate as designated by
the speaker; the secretary of the department of administration; the
secretary of the department of environmental protection; the
secretary of the department of health and human resources; the
secretary of the department of military affairs and public safety;
the secretary of the department of transportation; the adjutant
general; the superintendent of the West Virginia state police; and
the chair of the public service commission.
§5-6A-2. Officers; expenses.
The governor or his or her designee shall serve as chairperson
of the homeland security commission. The membership of the
homeland security commission shall also elect a vice-chairman and a secretary from among the members of the commission. The members
of the commission shall serve without compensation and shall be
reimbursed for such necessary travel expenses and other reasonable
expenses as may be actually incurred by them in the performance of
their duties, all to be paid by their respective offices.
§5-6A-3. Meetings.
Meetings shall occur when called by the chairperson of the
homeland security commission. Whenever a recommendation is to be
conveyed by the homeland security commission or the approval of the
homeland security commission is required to enter into a contract,
as required by section four of this article, the homeland security
commission shall meet and need only approve any such action by a
simple majority.
§5-6A-4. Powers and duties.
The homeland security commission shall provide recommendations
for consideration by state government, private businesses, and
citizens on measures that should be taken to adequately protect the
people of the state from possible security threats. The homeland
security commission will propose goals and initiatives that could
be employed to undermine efforts that pose potential threats to the
safety of West Virginians. Further, the homeland security shall
have the authority to enter into a contract or multiple contracts with consultants for the purpose of identifying critical areas or
facilities to be protected from terrorist activities or other
threats and for ascertaining the level of threat that may
reasonably exist. The critical areas requiring study by the
homeland security commission include, but are not limited to the
following: The state capitol complex area, as defined by the
department of administration; other state buildings and facilities;
state highways and roads; airport facilities; rivers and their
tributaries; water reservoirs and water systems; public utilities;
critical information technology infrastructure; industrial and
manufacturing facilities; and residential areas.
§5-6A-5. Legislative findings; confidentiality.
(a) The Legislature hereby finds and declares that the public
safety of West Virginia's citizens, its public buildings, and other
critical infrastructure and facilities is of paramount concern.
Further, the Legislature finds and declares that it has great
confidence in the integrity of the homeland security commission and
its activities undertaken to foster a secure environment for the
state, its citizens and its visitors. The homeland security
commission is hereby declared to be a vehicle to foster and propose
coordinated steps that should be taken to ensure homeland security
in West Virginia. The purposes of the homeland security commission necessarily require it to receive and consider highly confidential
nonpublic information relative to the safety of the public, its
buildings, and other critical facilities.
(b) Any documentary material, data or other writing made or
received by the homeland security commission for the purposes of
this article shall be exempt from the provisions of article one,
chapter twenty-nine-b of this code: Provided, That any agreement
entered into by the homeland security commission which obligates
public funds shall be subject to inspection and copying pursuant to
the provisions of the article as of the date the agreement is
executed or otherwise made public.
NOTE: The purpose of this bill is to create the West Virginia
homeland security commission that will solicit and consider advice
from professional security consultants and use such advice to
provide recommendations for consideration by state government,
private businesses, and state citizens on measures that should be
taken to protect adequately the people of the state and its public
institutions and other critical facilities from possible security
threats. The homeland security commission will propose goals and
initiatives that could be employed to deter and prevent potential
threats to the safety of West Virginians.
This article is new, therefore strike-throughs and
underscoring have been omitted.