ENGROSSED*

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 6012

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Originating in the Committee on Government Organization;

reported October 25, 2001.]

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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 creating the homeland security commission; membership of the commission; designation of officers; expenses; meeting and voting requirements; powers and duties of the commission; and exempting the commission from the open meeting requirements and freedom of information act.

Be it enacted by the Legislature of West Virginia:
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*Second Engrossment
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. HOMELAND SECURITY COMMISSION.
§5-6A-1. Legislative findings.
The Legislature hereby finds that the public safety of West Virginia's citizens, its public buildings and facilities , its transportation and public utility systems, and other critical infrastructure is of paramount concern. All citizens of West Virginia need to feel secure in their homes and when they are in or using public facilities.
The Legislature further finds that a commission is needed to foster a secure environment for the state, its citizens and visitors, its facilities and infrastructure systems.
Therefore, the Legislature declares that the homeland security commission is to be the vehicle to foster and propose coordinated steps to be taken to ensure security in West Virginia.
 §5-6A-2. Homeland security commission.
The homeland security commission is hereby created and shall be comprised of the following fourteen members: 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; the director of the office of emergency services; and the chair of the public service commission.
§5-6A-3. Officers; expenses.
(a) The governor or his or her designee shall serve as the chairperson of the homeland security commission. A vice-chairman and a secretary shall be elected from the members of the commission.
(b) The members of the commission shall serve without compensation and shall be reimbursed for necessary travel expenses and other reasonable expenses as may be actually incurred by them in the performance of their duties for the commission, which expenses shall be paid by their respective offices.
§5-6A-4. Meetings.
Meetings shall be held on the call of the chairperson of the commission. An act of the commission need only be approved by a simple majority of the commission members
§5-6A-5. Powers and duties.
The homeland security commission has the following powers and duties:
(1) Provide recommendations to state government, private businesses, and citizens on measures that should be taken to adequately protect the people of the state from possible security threats.
(2) Propose goals and initiatives that could be employed to undermine efforts that pose potential threats to the safety of citizens and visitors.
(3) Identify the critical areas and facilities to be protected from terrorist activities or other threats.
(4) Ascertain the level of threat that may exist from terrorist activities or other threats.
 (5) Examine the utilization of law enforcement personnel to ensure protection from terrorist activities or other threats.
(6) Study and assess the security of the following critical areas: The state capitol complex area; other state buildings and facilities; state highways and roads; airport facilities; rivers and their tributaries; water reservoirs and water systems; public utilities and infrastructure; critical information technology infrastructure; industrial and manufacturing facilities; and residential areas.
(7) Enter into contracts with consultants to accomplish the provisions of this section.
(8) Perform all duties necessary to assure the safety and security of West Virginia.
§5-6A-6. Confidentiality.
 The duties of the homeland security commission require it to receive and consider highly confidential nonpublic information relative to the safety and security of the public, buildings, and other critical facilities. Any meeting held by the commission pursuant to this article and dealing with the safety and security of West Virginia shall be exempt from the provisions of article nine-a, chapter six of this code.
Any documentary material, data or other writing made or received by the homeland security commission dealing with the safety and security of West Virginia 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.