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Introduced Version House Bill 3110 History

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hb3110 intr
H. B. 3110


(By Delegates Shaver, Talbott, Hartman,

Williams, Varner, Azinger, Evans and Crosier)

[Introduced January 13, 2010; referred to the

Committee on Natural Resources then Government Organization.]




A BILL to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended, relating to renaming conservation officers to be natural resources police officers.

Be it enacted by the Legislature of West Virginia:
That §20-7-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

PART I. LAW ENFORCEMENT, PROCEDURES AND PENALTIES.

§20-7-1. Chief conservation officer; conservation officers; special and emergency conservation officers Chief natural resources police officer; natural resources police officers; special and emergency natural resources police officers; subsistence allowance; expenses.
(a) The division's law-enforcement policies, practices and programs shall be under the immediate supervision and direction of the division law-enforcement officer selected by the director and designated as chief conservation officer natural resources police officer as provided in section thirteen, article one of this chapter.
(b) Under the supervision of the director, the chief conservation officer natural resources police officer shall organize, develop and maintain law-enforcement practices, means and methods geared, timed and adjustable to seasonal, emergency and other needs and requirements of the division's comprehensive natural resources program. All division personnel detailed and assigned to law-enforcement duties and services under this section shall be known and designated as conservation officers natural resources police officers and shall be under the immediate supervision and direction of the chief conservation officer natural resources police officer. All conservation officers natural resources police officers shall be trained, equipped and conditioned for duty and services wherever and whenever required by division law-enforcement needs.
(c) The chief conservation officer natural resources police officer, acting under supervision of the director, is authorized to select and appoint emergency conservation officers natural resources police officers for a limited period of time for effective enforcement of the provisions of this chapter when considered necessary because of emergency or other unusual circumstances. The emergency conservation officers natural resources police officers shall be selected from qualified civil service personnel of the division, except in emergency situations and circumstances when the director may designate officers, without regard to civil service requirements and qualifications, to meet law-enforcement needs. Emergency conservation officers natural resources police officers shall exercise all powers and duties prescribed in section four of this article for full-time salaried conservation officers natural resources police officers except the provisions of subdivision (8) of said section.
(d) The chief conservation officer natural resources police officer, acting under supervision of the director, is also authorized to select and appoint as special conservation officers natural resources police officers any full-time civil service employee who is assigned to, and has direct responsibility for management of, an area owned, leased or under the control of the division and who has satisfactorily completed a course of training established and administered by the chief conservation officer natural resources police officer, when such action is considered necessary because of law-enforcement needs. The powers and duties of a special conservation officer natural resources police officer, appointed under this provision, is the same within his or her assigned area as prescribed for full-time salaried conservation officers natural resources police officers. The jurisdiction of the person appointed as a special conservation officer natural resources police officer, under this provision, shall be limited to the division area or areas to which he or she is assigned and directly manages.
(e) The chief conservation officer natural resources police officer, acting under supervision of the director, is also authorized to appoint as special conservation officers natural resources police officers any full-time civil service forest fire control personnel who have satisfactorily completed a course of training established and administered by the chief conservation officer natural resources police officer. The jurisdiction of forest fire control personnel appointed as special conservation officers natural resources police officers is limited to the enforcement of the provisions of article three of this chapter.
(f) The chief conservation officer natural resources police officer, with the approval of the director, has the power and authority to revoke any appointment of an emergency conservation officer natural resources police officer or of a special conservation officer natural resources police officer at any time.
(g) Conservation officers natural resources police officers are subject to seasonal or other assignment and detail to duty whenever and wherever required by the functions, services and needs of the division.
(h) The chief conservation officer natural resources police officer shall designate the area of primary residence of each conservation officer natural resources police officer, including himself or herself. Since the area of business activity of the division is actually anywhere within the territorial confines of the State of West Virginia, actual expenses incurred shall be paid whenever the duties are performed outside the area of primary assignment and still within the state.
(i) Conservation officers Natural resources police officers shall receive, in addition to their base pay salary, a minimum monthly subsistence allowance for their required telephone service, dry cleaning or required uniforms, and meal expenses while performing their regular duties in their area of primary assignment in the amount of $130 each month. This subsistence allowance does not apply to special or emergency conservation officers natural resources police officers appointed under this section.
(j) After June 30, 2009, all those full time law-enforcement officers employed by the Division of Natural Resources as conservation officers shall be titled and known as natural resources police officers. Wherever in this code the term "conservation officer" is used it shall be redefined as and mean "natural resources police officer."


NOTE: The purpose of this bill is to rename conservation officers to be natural resources police officers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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