HB4462 S JUD AM #1
Graham 4841
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-18. Officers or
members performing failure to perform duties; for private
persons general penalty; providing extraordinary police or security
services by contract.
(a) Any officer or member
of the department of public safety State Police who hires
himself or herself to any person, firm or corporation to guard private
property, or who demands or receives from any person, firm or corporation
any money or other thing of value as a consideration for the performance of, or
the failure to perform, his or her duties under the regulations rules
of the superintendent and the provisions of this article, shall be is
guilty of a felony, and, upon conviction thereof, shall be confined imprisoned
in the penitentiary a correctional facility for not less than one
nor more than five years, and any such officer or member of the department
of public safety State Police who violates any other provisions of
this article, for which no other penalty is expressly provided, shall be
is guilty of a misdemeanor, and, upon conviction thereof, shall be fined
not less than $25 nor more than $200, or imprisoned confined in the
county jail for not more than four months, or both fined and imprisoned
confined.
(b) Notwithstanding any
other provision of this article to the contrary, the superintendent may
contract with public, quasi-public, military, or private entities to provide
extraordinary police or security services by the department State
Police when it is determined by the superintendent to be in the public
interest. The superintendent shall assign such the personnel,
equipment, or facilities as is deemed he or she considers necessary
and the department State Police shall be reimbursed for the
wages, overtime wages, benefits, and costs of providing the contract services
as negotiated between the parties. The compensation paid to public safety
State Police personnel by virtue of contracts provided for in this
section shall be paid from a special account and shall be excluded from any
formulation used to calculate an employee's benefits. All requests for
obtaining extraordinary police or security services shall be made to the
superintendent in writing and shall explain the funding source and the
authority for making such a the request. No An officer
or member of the department shall be State Police may not be required
to accept any assignment made pursuant to this subsection. Every officer or
member assigned to duty hereunder under this section shall be
paid according to the hours and overtime hours actually worked notwithstanding
that officer's or member's status as exempt personnel under the Federal Labor
Standards Act or applicable state statutes. Every contract entered into under
this subsection shall contain the provision that in the event of public
disaster or emergency where the reassignment to official duty of all officers
and members is required, neither the department State Police nor
any of its officers or members shall be are liable for any
damages incurred as the result of the reassignment. Further, any entity
contracting with the department of public safety State Police, an
officer, or member under this section shall also agree as part of that
contract to hold harmless and indemnify the state, department of public
safety State Police and its personnel from any liability arising out
of employment under the contract. The superintendent is authorized to promulgate
may propose legislative rules and regulations for promulgation
in accordance with §29A-3-1 et seq. of this code, relating to the
implementation of any contracts made under this subsection: Provided, That
said regulations the rules shall expressly prohibit private
employment of officers or members in circumstances involving labor disputes. Notwithstanding
any provision of this article to the contrary, an officer or member may
contract to work for a private person or entity during his or her off duty
hours: Provided, however That the contract work may not be a type
prohibited by this code or the rules of the State Police on the locations and the
nature of services provided.
Adopted
Rejected