H. B. 2847
(By Delegates Douglas, Kuhn, Butcher,
Caputo, Flanigan, Prunty and Stalnaker)
(Originating in the Committee on Government Organization)
[Introduced March 13, 2001]
A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-e, all relating
to authorizing the superintendent of state police to establish
and operate a post exchange at the state police academy;
establishing operation procedures; creating special account;
limiting the use of proceeds; establishing reporting
requirements; authorizing the proposal of rules; and providing
for termination.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-e, all to read as
follows:
CHAPTER 15. PUBLIC SAFETY
ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.
§15-2E-1. Definitions.
As used in this article:
(1) "Certain limited items" means personal grooming and
hygiene products, food and beverages, convenience items, and items
bearing the state police emblem or other insignia that are
necessary for training purposes.
(2) "Post exchange" means a particular area located at the
state police academy where certain limited items are offered for
sale.
(3) "State police academy" means the law-enforcement training
facility established pursuant to section three, article two of this
chapter located at Institute, West Virginia, or an additional or
successor location.
(4) "Superintendent" means the superintendent of state police
as established in section two, article two of this chapter.
(5) "Training" means and includes instruction for members of
the state police, county sheriffs and deputies, municipal police,
law enforcement officers employed by the division of natural
resources, and other persons employed by state or local
governmental units charged with enforcing state or local laws, regardless of the length of instruction.
§15-2E-2. Post exchange authorized.
Notwithstanding any other provision of this code to the
contrary, the superintendent is authorized to establish and operate
a post exchange at the state police academy.
§15-2E-3. Operation of post exchange.
(a) The state police post exchange may offer certain limited
items for sale to persons attending training at the state police
academy, to persons actively employed by the state police and to
persons retired from employment with the state police.
(b) The post exchange may only be open at such times as may be
established by the superintendent.
(c) The superintendent shall appoint state police employees to
supervise the operation of the post exchange.
(d) The superintendent shall establish a system of
bookkeeping, accounting and auditing procedures for the proper
handling of funds derived from the operation of the post exchange.
(e) The superintendent shall post a sign in the post exchange
which states: "In accordance with the provisions of section
seventeen, article two, chapter fifteen of the Code, it is unlawful
for every person who is not a member of the state police to wear or
use the state police uniform, badge, emblem or other insignia. Any person, who is not a member of the state police, who wears or uses
the state police uniform, badge, emblem or other insignia shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined or jailed or both fined and jailed".
§15-2E-4. Creation of special account.
All moneys collected from operation of the post exchange and
any money collected from vending machine sales made pursuant to
section three-d, article ten-g, chapter eighteen of this code,
shall be deposited in a special account in the state treasury to be
known as the "state police academy post exchange". Expenditures
from the fund must be for the purposes set forth in section five of
this article and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and
in accordance with the provisions of article three, chapter twelve
of this code and upon fulfillment of the provisions of article two,
chapter five-a of this code: Provided, That for the fiscal year
ending the thirtieth day of June, two thousand two, expenditures
are authorized from collections rather than pursuant to
appropriation by the Legislature.
§15-2E-5. Use of funds from post exchange revenue.
All proceeds derived from the operation of the post exchange
and any money derived from the operation of vending machines, after the payment of operating expenses, notwithstanding any provision of
this code to the contrary, must be used exclusively for the
publication of the cadet class yearbook and for repair and
alteration of the state police academy.
§15-2E-6. Post exchange reporting requirements.
The superintendent shall complete and submit to the governor
and the Legislature by the first day of each regular legislative
session a report on the amount of funds derived from the operation
of the post exchange during the previous fiscal year and how those
funds were used.
§15-2E-7. Legislative rules.
The superintendent may propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code relating to the establishment and operation of
the post exchange.
§15-2E-8. Termination date.
The state police academy post exchange provided for in this
article shall terminate pursuant to the provisions of article ten,
chapter four of this code, on the first day of July two thousand
six, unless continued pursuant to the provisions of that article by
legislation enacted prior to the termination date.
Article 2E, Chapter 15 is a new article; therefore,
underlining and strike-throughs have been omitted.
This bill is recommended for passage during the regular 2001
legislative session by the Joint Standing Committee on Government
Operations
.