COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 282

(By Senators Anderson, Bowman, Sharpe, Miller, Ross,

Love, Buckalew, Yoder, Helmick, Blatnik, Bailey,

Manchin, Kimble, Schoonover, Dugan, Craigo,

Plymale, Scott, Oliverio, Walker, Dittmar, Deem,

Wiedebusch, Wagner, Whitlow, White and Chafin)

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[Originating in the Committee on the Judiciary;

reported February 16, 1995.]

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A BILL to amend and reenact section six, article seven, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to duties of prosecuting attorneys, law-enforcement officers and certain commission employees to enforce chapter provisions; qualification of certain employees of the public service commission to enforce provisions of law involving the public service commission; and carrying of firearms in the course of their duties.

Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-6. Duty of prosecuting attorneys and law-enforcement officers to enforce chapter; regulatory authority of commission; qualifications of commission employees designated as law-enforcement officers.

(a) It shall be the duty of the division of public safety and the sheriffs of the counties in West Virginia to make arrests and the duty of the prosecuting attorneys of the several counties to prosecute all violations of this chapter and other chapters pertaining to the regulatory authority of the commission and the commission employees designated by it as motor carrier inspectors shall have all the lawful powers of law-enforcement officers to enforce the provisions of this chapter and the provisions of other chapters of this code pertaining to the regulatory authority of the commission as such provisions apply to entities and persons regulated by the commission in any county or city of this state. Notwithstanding any provision of this code to the contrary, such motor carrier inspectors may carry firearms in the course of their official duties after meeting specialized qualifications established by the governor's committee on crime, delinquency and correction.
(b) Nothing in this section shall be construed as making motor carrier inspectors law-enforcement officers as such term is defined in section one, article twenty-nine, chapter thirty of this code.