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