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Introduced Version Senate Bill 318 History

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sb318 intr
Senate Bill No. 318

(By Senator Kessler)

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[Introduced February 20 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §15-2D-3 and §15-2D-7 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Division of Protective Services generally; authorizing division personnel to have law-enforcement authority as to state facilities throughout the state; and authorizing the division to assess, charge and collect fees from state spending units for costs and expenses incurred by the division during extraordinary events held on state property.

Be it enacted by the Legislature of West Virginia:

That §15-2D-3 and §15-2D-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 2D. 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, 1931, 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 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.

(d) The director shall:

(1) On or before July 1, 1999, 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 July 1, 1999, 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. Security Enforcement Fund.

There is hereby created in the State Treasury a special revenue fund designated the "Security Enforcement Fund." The money of the fund shall be made available for investment under the provisions of article six, chapter twelve of this code. The fund shall consist of all gifts, grants, bequests, transfers, appropriations or other donations which may be received from any
governmental entity or unit or any person, firm, foundation, corporation, association or other entity, and all interest or other return accruing to the fund.
The money in the fund shall 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 the fund at the end of any fiscal year shall not revert to the General Fund but shall remain in the fund for those purposes.

The director may assess, charge and collect fees from state spending units or private entities for the direct costs and expenses incurred by the division or members of the division while providing law enforcement services during extraordinary events held at the State 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.


NOTE: The purpose of this bill is to expand Division of Protective Services jurisdiction to state property throughout the state and to clarify the Division of Protective Services may charge fees to state spending units for services at extraordinary events.

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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