ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2877
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Passed March 10, 2007; in effect July 1, 2007.]
AN ACT to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended; to amend and reenact §15-2-12 of said code;
and to amend and reenact §17C-17B-3 and §17C-17B-4, all
relating to the funding of entities ensuring transportation
public safety on state highways; eliminating certain funding
from the state road fund or reimbursement from the Division of
Motor Vehicles; and providing for the funding of a courtesy
patrol.
Be it enacted by the Legislature of West Virginia:
That §5B-2-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §15-2-12 of said code be amended and
reenacted; and that §17C-17B-3 and §17C-17B-4 of said code be
amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-12. Tourism promotion fund continued; use of funds.
There is hereby continued in the State Treasury the special
revenue fund known as the "Tourism Promotion Fund" created under
prior enactment of section nine, article one of this chapter.
(a) The Legislature finds that a courtesy patrol program
providing assistance to motorists on the state's highways is one of
the most beneficial methods to introduce a tourist visiting the
state of the state's hospitality and good will. For that reason,
four million seven hundred thousand dollars of the moneys deposited
in the fund each year shall be deposited in a special revenue
account in the State Treasury to be known as the "Courtesy Patrol
fund". Expenditures from the fund shall be used solely to fund the
courtesy patrol program providing assistance to motorists on the
state's highways. Amounts collected in the fund which are found
from time to time to exceed funds needed for the purposes set forth
in this subsection may transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature.
(b) If there are funds remaining after the distribution
required in subsection (a) of this section, a minimum of five
percent of the moneys deposited remaining in the fund each year
shall be used solely for direct advertising for West Virginia
travel and tourism: Provided, That no less than twenty percent of
these funds be expended with the approval of the Director of the
Division of Natural Resources to effectively promote and market the
state's parks, state forests, state recreation areas and wildlife
recreational resources. Direct advertising means advertising which is limited to television, radio, mailings, newspaper, magazines,
and outdoor billboards, or any combination thereof.
(c) The balance of the moneys deposited in the fund shall be
used for direct advertising within the state's travel regions as
defined by the commission. The funds shall be made available to
these districts beginning the first day of July, one thousand nine
hundred ninety-five, according to legislative rules authorized for
promulgation by the Tourism Commission.
(d) All advertising expenditures over twenty-five thousand
dollars from the tourism promotion fund require prior approval by
recorded vote of the commission. No member of the commission or of
any committee created by the commission to evaluate applications
for advertising or other grants may participate in the discussion
of, or action upon, an application for or an award of any grant in
which the member has a direct financial interest.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-12. Mission of the State Police; powers of superintendent,
officers and members; patrol of turnpike.
(a) The West Virginia State Police shall have the mission of
statewide enforcement of criminal and traffic laws with emphasis on
providing basic enforcement and citizen protection from criminal
depredation throughout the state and maintaining the safety of the
state's public streets, roads and highways.
(b) The superintendent and each of the officers and members of the division are hereby empowered:
(1) To make arrests anywhere within the state of any persons
charged with the violation of any law of this state, or of the
United States, and when a witness to the perpetration of any
offense or crime, or to the violation of any law of this state, or
of the United States, to make arrests without warrant; to arrest
and detain any persons suspected of the commission of any felony or
misdemeanor whenever a complaint is made and a warrant is issued
thereon for the arrest, and the person arrested shall be
immediately brought before the proper tribunal for examination and
trial in the county where the offense for which the arrest has been
made was committed;
(2) To serve criminal process issued by any court or
magistrate anywhere within this state: Provided, That they may not
serve civil process; and
(3) To cooperate with local authorities in detecting crime and
in apprehending any person or persons engaged in or suspected of
the commission of any crime, misdemeanor or offense against the law
of this state, or of the United States, or of any ordinance of any
municipality in this state; and to take affidavits in connection
with any application to the Division of Highways, Division of Motor
Vehicles and of West Virginia State Police for any license, permit
or certificate that may be lawfully issued by these divisions of
state government.
(c) Members of the West Virginia State Police are hereby
designated as forest patrolmen and game and fish wardens throughout the state to do and perform any duties and exercise any powers of
forest patrolmen and game and fish wardens, and may apprehend and
bring before any court or magistrate having jurisdiction of these
matters, anyone violating any of the provisions of chapters twenty,
sixty and sixty-one of this code. The West Virginia State Police
is at any time subject to the call of the West Virginia Alcohol
Beverage Control Commissioner to aid in apprehending any person
violating any of the provisions of chapter sixty of this code.
They shall serve and execute warrants for the arrest of any person
and warrants for the search of any premises issued by any properly
constituted authority, and shall exercise all of the powers
conferred by law upon a sheriff. They may not serve any civil
process or exercise any of the powers of such officer in civil
matters.
(d) Any member of the West Virginia State Police knowing or
having reason to believe that any person has violated the law may
make complaint in writing before any court or officer having
jurisdiction and procure a warrant for the offender, execute the
warrant and bring the person before the proper tribunal having
jurisdiction. The member shall make return on all warrants to the
tribunals and his or her official title shall be "member of the
West Virginia State Police". Members of the West Virginia State
Police may execute any summons or process issued by any tribunal
having jurisdiction requiring the attendance of any person as a
witness before the tribunal and make return thereon as provided by
law. Any return by a member of the West Virginia State Police showing the manner of executing the warrant or process has the same
force and effect as if made by a sheriff.
(e) Each member of the West Virginia State Police, when called
by the sheriff of any county, or when directed by the Governor by
proclamation, has full power and authority within the county, or
within the territory defined by the Governor, to direct and command
absolutely the assistance of any sheriff, deputy sheriff, chief of
police, policeman, game and fish warden and peace officer of the
state, or of any county or municipality therein, or of any
able-bodied citizen of the United States, to assist and aid in
accomplishing the purposes expressed in this article. When called,
any officer or person is, during the time his or her assistance is
required, for all purposes a member of the West Virginia State
Police and subject to all the provisions of this article.
(f) The superintendent may also assign members of the division
to perform police duties on any turnpike or toll road, or any
section of any turnpike or toll road, operated by the West Virginia
Parkways, Economic Development and Tourism Authority: Provided,
That the authority shall reimburse the West Virginia State Police
for salaries paid to the members and shall either pay directly or
reimburse the division for all other expenses of the group of
members in accordance with actual or estimated costs determined by
the superintendent.
(g) The West Virginia State Police may develop proposals for
a comprehensive county or multicounty plan on the implementation of
an enhanced emergency service telephone system and may cause a public meeting on the proposals, all as set forth in section six-a,
article six, chapter twenty-four of this code.
(h) By the first day of July, one thousand nine hundred
ninety-three, the superintendent shall establish a network to
implement reports of the disappearance of children by local
law-enforcement agencies to local school division superintendents
and the State Registrar of Vital Statistics. The network shall be
designed to establish cooperative arrangements between local
law-enforcement agencies and local school divisions concerning
reports of missing children and notices to law-enforcement agencies
of requests for copies of the cumulative records and birth
certificates of missing children. The network shall also establish
a mechanism for reporting the identities of all missing children to
the State Registrar of Vital Statistics.
(i) The superintendent may at his or her discretion and upon
the written request of the West Virginia Alcohol Beverage Control
Commissioner assist the commissioner in the coordination and
enforcement of article sixteen, chapter eleven of this code and
chapter sixty of this code.
(j) Notwithstanding the provisions of article one-a, chapter
twenty of this code, the superintendent of the West Virginia State
Police may sell any surplus real property to which the West
Virginia State Police or its predecessors retain title, and deposit
the net proceeds into a special revenue account to be utilized for
the purchase of additional real property and for repairs to or
construction of detachment offices or other facilities required by the West Virginia State Police. There is hereby created a special
revolving fund in the State Treasury which shall be designated as
the "surplus real property proceeds fund." The fund shall consist
of all money received from the sale of surplus real property owned
by the West Virginia State Police. Moneys deposited in the fund
shall only be available for expenditure upon appropriation by the
Legislature: Provided, That amounts collected which are found from
time to time to exceed the funds needed for the purposes set forth
in this subsection may be transferred to other accounts or funds
and redesignated for other purposes by appropriation of the
Legislature.
(k) Notwithstanding any other provision of this code, the
agency for surplus property is hereby empowered to transfer funds
generated from the sale of vehicles, other equipment and
commodities belonging to the West Virginia State Police to a
special revenue account within the West Virginia State Police
entitled the West Virginia State Police surplus transfer account.
Moneys deposited in the fund shall only be available for
expenditure upon appropriation by the Legislature: Provided, That
amounts collected which are found from time to time to exceed the
funds needed for the purposes set forth in this subsection may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature. Any funds
transferred to this account may be utilized by the superintendent
to defray the cost of normal operating needs of the division.
(l) If the State Police or any other law-enforcement agency in this state receives a report that a person who has Alzheimer's
disease and related dementia is missing, the State Police or any
other law-enforcement agency shall immediately open an
investigation for the purpose of determining the whereabouts of
that missing person. Any policy of the State Police or any other
law-enforcement agency relating to a waiting period prior to
initiation of an investigation of a missing person shall not apply
in the case of a person who has Alzheimer's disease or other
related dementia of the type referred to in this subsection.
(m) Notwithstanding any provision of this code to the
contrary, effective on and after the first day of July, two
thousand seven, the expenses and salaries paid to the members of
the West Virginia State Police for the monitoring and enforcement
duties defined in chapter seventeen-c of this code may not be paid
from the state road fund or subject to reimbursement from the
Division of Motor Vehicles but shall be subject to appropriation by
the Legislature.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 17B. TRANSFER OF CERTAIN JURISDICTION AND EMPLOYEES TO
PUBLIC SERVICE COMMISSION.
§17C-17B-3. Transfer of certain employees from department of
transportation to public service commission.
Effective the first day of July, two thousand three, employees
of the department of transportation whose primary governmental
duties as of the thirtieth day of June, two thousand three, included the administration and enforcement of this code and rules
promulgated under this code relating to vehicular weight or the
issuance of permits for excess vehicular weight shall be
transferred from the department of transportation to the public
service commission of West Virginia.
§17C-17B-4. Costs of enforcement to be funded from revenues in
General Revenue Fund or from fees collected by
Public Service Commission.
(a) On and after the first day of July, two thousand three,
the cost of enforcement of this code and rules promulgated under
this code, relating to vehicular weight, including inspections of
vehicles and loads, training of enforcement officers,
administrative proceedings, personal services, employees benefits
and all other costs associated with enforcement matters, shall be
funded by revenues in the state road fund, established pursuant to
the provisions of section one, article three, chapter seventeen of
this code: Provided, That effective on and after the first day of
July, two thousand seven, all of the costs described in this
subsection shall be funded by fees collected from the Public
Service Commission or other appropriation by the Legislature:
Provided, however, That the foregoing proviso may not be construed
to require appropriation by the Legislature.
(b) The secretary of transportation and the treasurer shall
take all actions necessary to implement the transfer of funding to
effectuate the purposes of this article.
(c) For fiscal years beginning on and after the first day of
July, two thousand four, the commission shall include in its budget
to the Legislature the costs of implementation and continuing
enforcement of this article for payment and appropriation into the
Public Service Commission Fund.