H. B. 3017
(By Delegates Beane, Kuhn, G. White, Paxton,
Mezzatesta and Stalnaker)
[Introduced February 14, 2003
; referred to the
Committee on Government Organization then Finance.]
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; and to further amend said
article by adding thereto two new sections, designated
sections seven and eight, all relating to the division of
protective services; expanding the jurisdiction; authorizing
the billing of services; establishing a special revenue fund.
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; and that said article be further amended
by adding thereto two new sections, designated sections seven and
eight, all to read as follows:
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
§15-2D-3. Duties and powers of the director and officers.
(a) The director is responsible for the control and
supervision of the division. The director and any officer 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) Any officer of the division shall be certified as a
law-enforcement officer by the governor's committee on crime,
delinquency and correction or may be conditionally employed as a
law-enforcement officer until certified in accordance with the
provisions of section five, article twenty-nine, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended.
(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 and other premises owned, occupied
or leased by the state of West Virginia to determine their security needs and develop a comprehensive plan to maintain and improve
security at the capitol complex and other premises owned, occupied
or leased by the state of West Virginia 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.
(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
establish ranks and the duties of officers within the membership of
the division.
(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.
§15-2D-7. Fees for costs and expenses.
The director may assess, charge and collect fees from each
state spending unit or private entity for the direct costs and
expenses incurred by the division or by members of the division to
provide safety and security to the capitol complex and other
premises owned, occupied or leased by the state of West Virginia.
Expenses shall include, but not be limited to, the payment of
personnel hours, travel expenses and for materials, equipment and
supplies.
§15-2D-8. Establishment of the security enforcement fund.
There is hereby created in the state treasury a special
revenue fund designated the security enforcement fund. Revenues
received by the security enforcement fund shall be deposited in the
West Virginia consolidated investment pool with the West Virginia
investment management board, with the interest income a proper credit to all these funds.
Funds paid into the account shall be derived from the
following sources: (1) All funds received for the costs and
expenses incurred by the division of protective services for
providing for the safety and security at the capitol complex and
all premises owned, occupied or leased by the state of West
Virginia; (2) any gifts, grants, bequests, transfers or donations
which may be received from any governmental entity or unit or any
person, firm, foundation or corporation; and (3) all interest or
return on investment accruing to the fund.
Moneys in the fund are to be used for the operation of the
division and for the costs and expenses incurred pursuant to this
article. Any balance including accrued interest in this special
fund at the end of any fiscal year shall not revert to the general
revenue fund but shall remain in the fund for use by the division
of protective services for providing for the safety and security at
the capitol complex and all premises owned or leased by the state
of West Virginia in the ensuing fiscal years.
NOTE: The purpose of this bill is to expand the jurisdiction
of the division of protective services to include all premises
owned, leased or occupied by the state of West Virginia; authorize
billing of that service; and create a special revenue fund to receive those moneys.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§15-2D-7 and 8 are new; therefore, strike-throughs and
underscoring have been omitted.