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Committee Substitute House Bill 2663 History

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HB2663 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2663

(By Delegate Shook )


(Originating in the House Committee on the Judiciary)


[February 1, 2010]


A BILL to amend and reenact §8-14-5a of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for municipal parking violations.

Be it enacted by the Legislature of West Virginia:
That §8-14-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; ETC.
§8-14-5a. Parking enforcement officers.
(a) Every A municipality or parking authority created by a municipality shall have plenary power and authority may to provide by ordinance for the appointment of special parking lot or parking building police officers may employ parking enforcement officers, whose sole duties shall be are to patrol and to enforce municipal parking ordinances upon or within designated municipal parking lots and parking buildings either owned, by, or leased, to, or under the control of, and operated by the municipality or any board, commission or authority created by the municipality, areas and upon municipal streets. Notwithstanding the provisions of section twelve, article twelve of this chapter, such special parking lot or parking building police officers may be assigned to police a parking facility established, maintained and operated pursuant to the provisions of said section twelve. In the performance of such duties, such special parking lot or parking building police officers shall be vested with the power to make arrests, issue summonses, sign complaints and request the issuance of capiases Parking enforcement officers may sign complaints and issue citations.
(b) Such special parking lot or parking building police officers Parking enforcement officers shall:
(1) Be in uniform;
(2) shall Display a badge or other sign of authority; and
(3) shall Serve at the will and pleasure of their employer. the appointing authority municipality and, shall Not come within the civil service provisions of this article or the policemen's pension and relief fund provisions of article twenty-two of this chapter.
(c) The governing body of the municipality may require such special parking lot or parking building police officers the parking enforcement officers to give a surety bond, payable to the municipality. in its corporate name, with such sureties The governing body shall set the amount of the bond and in such penalty as the governing body may see fit, conditioned for the faithful performance of their duties. The cost of providing such special parking lot or parking building police officers may be paid from revenues derived from the parking lot or parking building to which they are assigned. Nothing in this section may be construed to mean that parking enforcement officers Not come within the civil service provisions of this article or the policemen's pension and relief fund provisions of article twenty-two of this chapter.
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