COMMITTEE SUBSTITUTE

FOR

H. B. 2519

(By Delegates Stemple and Mezzatesta)


(Originating in the Committee on the Judiciary)


[March 7, 2001]
A BILL to amend and reenact sections three, four and five of article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to capitol security; clarifying the department of administration's authority to employ security officers; modifying jurisdiction of division of protective services; and allowing persons contracted with the division of administration and employees of the division of protective services to issue parking citations.

Be it enacted by the Legislature of West Virginia:
 That sections three, four and five of article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§5A-4-3. Jurisdiction of the department of administration and division of protective services for security services.

In addition to the other powers given and assigned to the secretary in this chapter, he is hereby authorized to appoint bona fide residents of this state to act as security officers upon any premises owned or leased by the state of West Virginia and under the jurisdiction of the secretary, subject to the conditions and restrictions hereinafter imposed. Before entering upon the performance of his duties as such security officer, each person so appointed shall qualify therefor in the same manner as is required of county officers by taking and filing an oath of office as required by article one, chapter six of this code. No such person shall have authority to carry a gun or any other dangerous weapon until he shall have obtained a license therefor in the manner prescribed by section two, article seven, chapter sixty-one of this code.
It shall be the duty of any person so appointed and qualified to preserve law and order on any premises under the jurisdiction of the secretary to which he may be assigned by the secretary. For this purpose he shall as to offenses committed on such premises have and may exercise all the powers and authority and shall be subject to all the responsibilities of a deputy sheriff of the county. The assignment of security officers to any premises under the jurisdiction of the secretary shall not be deemed to supersede in any way the authority or duty of other peace officers to preserve law and order on such premises.
The secretary may at his pleasure revoke the authority of any such officer by filing a notice to that effect in the office of the clerk of each county in which his oath of office was filed, and in the case of officers licensed to carry a gun or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license therefor was granted.
The secretary may employ security officers as necessary to regulate parking and provide for protection of the capitol grounds as provided in this article. The division of protective services is also authorized to enforce the provisions of this article pursuant to article two-d of chapter fifteen of this code. All citations issued pursuant to the parking rules of the administration as established in section five of this article are to be deposited in the "Parking Garage Fund" as provided in section five.
§5A-4-4. Unlawful to kill or molest animals, birds or fowls upon grounds of capitol; powers and duties of security officers; penalties.
In addition to the duties of persons appointed and qualified as security officers pursuant to section three, article four, chapter five-a of this code, preserve law and order on any premises under the jurisdiction of the secretary. to which he may be assigned by the secretary such These security officers shall have authority and it shall be the duty of such security officers to enforce the provisions of this section. This authority and duty of security officers shall not be deemed to supersede in any way the authority or duty of other peace officers to enforce the provisions of this section.
It shall be unlawful at any time to kill or molest in any manner, any animals, birds or fowls on the grounds of the capitol buildings or governor's mansion, except as may be deemed necessary by the secretary for the control or extermination of animals, birds or fowls deemed by him to be pests or a danger to the health and safety. Any person who kills or molests in any manner, or knowingly allows a dog or other animal owned by him to kill or molest in any manner any animals, birds or fowls on the grounds of the capitol buildings or governor's mansion shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than fifty dollars nor more than five hundred dollars or, in the discretion of the court, be imprisoned in the county jail for not more than six months, or both such fine and imprisonment.
It shall be unlawful for any person to knowingly allow a dog owned by him to be upon the grounds of the capitol buildings or governor's mansion unless such dog is under control by leash. Any person who knowingly allows a dog owned by him to be upon the grounds of the capitol buildings or governor's mansion while not under control by leash shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than twenty-five nor more than one hundred dollars.
It shall further be unlawful for any person to knowingly allow a dog or other animal owned by him or under his control to defecate upon the grounds of the capitol buildings or governor's mansion. In the event that a dog or other animal owned by or under the control of a person defecates upon the grounds of the capitol buildings or governor's mansion, the person shall remove such defecation. Any person who knowingly allows a dog or other animal owned by him or under his control to defecate upon the grounds of the capitol buildings or governor's mansion and who subsequently fails to remove said defecation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty- five nor more than one hundred dollars.
§5A-4-5. Regulation of parking on state-owned property in Charleston; construction of parking garage for general public; penalties; jurisdiction; creation of funds.

(a) It is the intent of the Legislature to provide a parking facility for the general public and to direct the secretary of the department of administration to plan and construct a parking garage at the state capitol complex that will provide sufficient and additional parking for the general public.
(b) The secretary may regulate the parking of motor vehicles in accordance with the provisions of this section with regard to the following state-owned property in the city of Charleston, Kanawha County:
(1) The east side of Greenbrier street between Kanawha boulevard and Washington street, east;
(2) The west side of California avenue between Kanawha boulevard and Washington street, east;
(3) Upon the state-owned grounds upon which state office building no. 3 is located;
(4) Upon the state-owned grounds which state office building no. 4, 112 California avenue, is located;
(5) In the state-owned parking garage at 212 California avenue and upon the state-owned grounds upon which such parking garage is located;
(6) Upon the state-owned property at Michigan avenue and Virginia terrace; and
(7) Upon any other property now or hereafter owned by the state and used for parking purposes in conjunction with the state capitol or state office buildings numbers three and four, including the Laidley field complex.: Provided, That the secretary shall present to the joint committee on government and finance for its suggestions, on or before the first day of July, one thousand nine hundred ninety-eight, plans for the construction of a state capitol parking garage to be constructed, on property owned by the state or to be purchased by the state, no later than the thirtieth day of June, one thousand nine hundred ninety-nine. The submitted plans shall include proposals for general public parking, including the estimated use and cost; relocation of parking for official state vehicles; and state employee parking, including the estimated use and cost.
(c) The secretary shall propose rules for promulgation respecting parking and to allocate parking spaces to public officers and employees of the state upon all of the property set forth in subsection (a) of this section: Provided, That during sessions of the Legislature, including regular, extended, extraordinary and interim sessions, parking on the east side of Greenbrier street between Kanawha boulevard and Washington street, east, in the science and culture center parking lot, on the north side of Kanawha boulevard between Greenbrier street and California avenue, and on the west side of California avenue between Kanawha boulevard and Washington street, east, is subject to rules promulgated jointly by the speaker of the House of Delegates and the president of the Senate. Any person parking any vehicle contrary to the rules promulgated under authority of this subsection is subject to a fine of not less than one dollar nor more than twenty-five dollars for each offense. In addition, the secretary, the director of the division of protective services or the Legislature, as the case may be, may cause the removal at owner expense of any vehicle that is parked in violation of the rules. Magistrates in Kanawha County have jurisdiction of all the offenses.
(d) The secretary may employ the persons as may be necessary authorize the director of the division of protective services to employ or contract the employment of persons to enforce the parking rules promulgated under the provisions of this section. (e) There is created in the department of administration a special fund to be named the "Parking Garage Fund" in which shall be deposited funds that are appropriated and funds from other sources to be used for the construction and maintenance of a parking garage on the state capitol complex.