HB2202 H ED AM 2-6

The Committee on Education moves to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

"That the Code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated §18B-4-5b; and that §30-29-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-5b. Private campus police officers; appointment; qualifications; authority; compensation and removal.

(a) A private institution of higher education may appoint bona fide residents of this state to serve as campus police officers with the law enforcement powers established in article twenty-nine, chapter thirty of this code, subject to the conditions and restrictions established in this section.
(b) A campus police officer qualifies to have law enforcement powers by:
(1) Taking and filing an oath of office as required by article one, chapter six of this code;
(2) Posting an official bond as required by article two, chapter six of this code; and
(3) Fulfilling the certification requirements for law enforcement officers established in section five, article twenty- nine, chapter thirty of this code.
(c) A qualified campus police officer may carry a gun and any other dangerous weapon while on duty.
(d) It is the duty of a qualified campus police officer to preserve law and order:
(1) On the premises owned or leased by the private institution; and
(2) On any street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through premises, to which the officer is assigned by the private institution.
(e) A qualified campus police officer has and may exercise all the powers and authority of a law-enforcement officer pursuant to article twenty-nine, chapter thirty of this code as to offenses committed within the area assigned;
(1) The officer is subject to all the requirements and responsibilities of a law-enforcement officer pursuant to said article twenty-nine;
(2) Authority assigned pursuant to this section does not supersede in any way the powers, authorities or duties of local law-enforcement officers.
(f) Qualified campus police officers may assist a local law- enforcement agency on public highways. The assistance may be provided to control traffic in and around premises owned or leased by the private institution when:
(1) Traffic is generated as a result of athletic or other activities conducted or sponsored by the institution; and
(2) The assistance has been requested by the local law-enforcement agency.
(g) The private institution pays the salary of a qualified campus police officer. The private institution may furnish each campus police officer with a firearm and an official uniform to be worn while on duty. The institution shall furnish and require each qualified campus police officer while on duty to wear a shield with an appropriate inscription and to carry credentials certifying to the person's identity and authority as a qualified campus police officer.
(h) A qualified campus police officer serves at the will and pleasure of the private institution. The institution may at its pleasure revoke the authority of any qualified campus police officer. The institution shall report the termination of employment of revocation of authority of a qualified campus police officer by filing a notice to that effect in the office of the clerk of each county in which the qualified campus police officer's oath of office was filed.
(i) As used in this section:
(1) "Private institution" means Alderson-Broaddus College, Appalachian Bible College, Bethany College, Davis and Elkins College, Mountain State University, Ohio Valley University, University of Charleston, West Virginia Wesleyan college and Wheeling Jesuit University, all in West Virginia.
(2) "Qualified campus police officer" means an individual employed by a private institution of higher education to serve as a campus police officer with law enforcement powers who has met the conditions for such service as provided in subsection (b) of this section.
(3) "Law enforcement officer" has the meaning provided in section one, article twenty-nine, chapter thirty of this code.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning clearly appears in the context:
(a) "Approved law-enforcement training academy" means any training facility which is approved and authorized to conduct law-enforcement training as provided in this article;
(b) "Chief executive" means the Superintendent of the State Police; the chief conservation officer of the Division of Natural Resources; the sheriff of any West Virginia county; any administrative deputy appointed by the chief conservation officer of natural resources; or the chief of any West Virginia municipal law-enforcement agency;
(c) "County" means the fifty-five major political subdivisions of the state;
(d) "Exempt rank" means any noncommissioned or commissioned rank of sergeant or above;
(e) "Governor's committee on crime, delinquency and correction" or "Governor's committee" means the Governor's committee on crime, delinquency and correction established as a state planning agency pursuant to section one, article nine, chapter fifteen of this code;
(f) "Law-enforcement officer" means any duly authorized member of a law-enforcement agency, except as provided in subsection (j) of this section, who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes those persons employed:
(1) As campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code;
(2) As campus police officers at private institutions of higher education in accordance with the provisions of section five-b, article four, chapter eighteen-b of this code; and persons employed
(3) By the Public Service Commission as motor carrier inspectors and weight enforcement officers charged with enforcing commercial motor vehicle safety and weight restriction laws; although those institutions and agencies may not be considered law-enforcement agencies. The term also includes those persons employed and
(4) As rangers by the Hatfield-McCoy regional recreation authority in accordance with the provisions of section six, article fourteen, chapter twenty of this code; although the authority may not be considered a law-enforcement agency Provided, That the subject rangers shall pay the tuition and costs of training. As used in this article, the term "law-enforcement officer" does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman or special conservation officer;
(g) "Law-enforcement official" means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee;
(h) "Municipality" means any incorporated town or city whose boundaries lie within the geographic boundaries of the state;
(i) "Subcommittee" or "law-enforcement training subcommittee" means the subcommittee of the Governor's committee on crime, delinquency and correction created by section two of this article; and
(j) "West Virginia law-enforcement agency" means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof. Provided, That neither the West Virginia law-enforcement agency does not mean Hatfield-McCoy regional recreation authority, the Public Service Commission nor any private or state institution of higher education may be deemed a law-enforcement agency."