ENROLLED
H. B. 4632
(By Delegates Staton, Amores and Craig)
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §15-5-15 of the Code of West Virginia,
1931, as amended, relating to employing homeland security and
emergency service personnel.
Be it enacted by the Legislature of West Virginia:
That §15-5-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-15. Emergency service personnel.





(a) No person may be employed or associated in any capacity in
homeland security or any emergency service organization established
under this article who has been convicted of a felony or who
advocates or has advocated a change by force or violence in the
constitutional form of the government of the United States or this
state or the overthrow of any government in the United States by
force or violence or who has been convicted of or is under indictment or information charging any subversive act against the
United States.





(b) Each person who is appointed to serve in an organization
for homeland security or emergency services shall undergo a
background check and shall, before entering upon his or her duties,
take an oath, in writing, before a person authorized to administer
oaths in this state, which shall be substantially as follows:





"I,_________________, do solemnly swear or affirm that I will
support and defend the Constitution of the United States and the
Constitution of West Virginia against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation
or evasion; that I am not a convicted felon; and that I will
faithfully and competently discharge the duties upon which I am
about to enter.





"I do further swear or affirm that I do not advocate, nor am
I a member of any political party or organization that advocates,
the overthrow of the government of the United States or this state
by force or violence; while I am a member of the (name of
organization) I will not advocate or become a member of any
political party or organization that advocates the overthrow of the
government of the United States or this state by force or
violence."