H. B. 4511
(By Delegate Douglas, Kuhn, Butcher and Perdue)
(Originating in the Committee on Government Organization)
[February 15, 2002]
A BILL to amend and reenact section three, article two-d, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the division of
protective services; defining certification requirements of
members of the division; and striking rulemaking
requirements of the director.
Be it enacted by the Legislature of West Virginia:
That section three, article two-d, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§15-2D-3. Duties and powers of the director and members.
(a) The director is responsible for the control and
supervision of the division. The director and any member of the
division specified by the director may carry designated weapons and have the same powers of arrest and law enforcement in Kanawha
County as members of the West Virginia state police as set forth
in subsections (b) and (d), section twelve, article two of this
chapter.
(b) All members of the division shall be certified as law
enforcement officers by the Governor's committee on crime,
delinquency and correction.
(b)(c) The director may:
(1) Employ necessary personnel, all of whom shall be
classified exempt, assign them the duties necessary for the
efficient management and operation of the division, and specify
members who may carry, without license, weapons designated by the
director;
(2) Contract for security and other services;
(3) Purchase equipment as necessary to maintain security at
the capitol complex and other state facilities as may be
determined by the secretary of the department of military affairs
and public safety;
(4) Establish and provide standard uniforms, arms, weapons
and other enforcement equipment authorized for use by members of
the division and shall provide for the periodic inspection of the
uniforms and equipment. All uniforms, arms, weapons and other property furnished to members of the division by the state of
West Virginia is and remains the property of the state;
(5) Appoint security officers to provide security on
premises owned or leased by the state of West Virginia;
(6) Upon request by the superintendent of the West Virginia
state police, provide security for the speaker of the West
Virginia House of Delegates, the president of the West Virginia
Senate, the governor, or a justice of the West Virginia supreme
court of appeals;
(7) Gather information from a broad base of employees at and
visitors to the capitol complex to determine their security needs
and develop a comprehensive plan to maintain and improve security
at the capitol complex based upon those needs; and
(8) Assess safety and security needs and make
recommendations for safety and security at any proposed or
existing state facility as determined by the secretary of the
department of military affairs and public safety, upon request of
the secretary of the department to which the facility is or will
be assigned.
(c) (d) The director shall:
(1) On or before the first day of July, one thousand nine
hundred ninety-nine, propose legislative rules for promulgation in accordance with the provisions of article three, chapter
twenty-nine-a of this code. The rules shall, at a minimum :
(A) Establish qualification, training and certification
requirements for members of the division, which shall include the
basic academy training standards established by the governor's
committee on crime, delinquency and prevention;
(B) establish ranks and the duties of officers within the
membership of the division. ; and
(C) Establish a personnel policy and grievance procedure.
(2) On or before the first day of July, one thousand nine
hundred ninety-nine, enter into an interagency agreement with the
secretary of the department of military affairs and public safety
and the secretary of the department of administration, which
delineates their respective rights and authorities under any
contracts or subcontracts for security personnel. A copy of the
interagency agreement shall be delivered to the governor, the
president of the West Virginia Senate and the speaker of the West
Virginia House of Delegates, and a copy shall be filed in the
office of the secretary of state and shall be a public record.
(3) Deliver a monthly status report to the speaker of the
West Virginia House of Delegates and the president of the West
Virginia Senate.
Strike-throughs indicate language that would be stricken
from present law, and underscoring indicates new language that
would be added.