HB2717 HFIN FBM 3-21

HOUSE COMMITTEE ON FINANCE

FLOOR BOOK MEMO

COM. SUB. FOR HOUSE BILL 2717 (BALLISTIC RESISTANT VESTS FOR DEPUTIES)

Sponsors:   Delegates Ashley, Skaff, Raines, Swartzmiller, Ferns, Reynolds, Stowers, White, Miley and Walker

Attorney:    McO   / Assistant:

Date:           March 22, 2013

Title:           OK

Fiscal Note:          Yes

Code:          §7-7-14a (new)

Purpose: The bill would require that “[u]pon law-enforcement certification,” deputy sheriffs must be provided “necessary equipment . . . to perform his or her duties” including a “ballistic vest” which meets certain performance standards established by the National Institute of Justice (NIJ).

COMMITTEE ACTION: A Committee Substitute was reported to make non-substantive technical cleanup and clarifying corrections, as well as revisions that include concepts from both the bill as introduced and as amended by the Committee on the Judiciary to more specifically:

          1. Require each Sheriff to provide a ballistic resistant vest that meets minimum federal National Institute of Justice protections standards to each of his or her deputy sheriffs that are certified as law enforcement officers under WVC §30-29-5. Only one vest is required, but this requirement may not be interpreted to prevent county commissions from providing additional ballistic resistant vests, ballistic resistance jackets or other models of personal body armor equipment for their deputy sheriffs.

          2. Commence this requirement July 1, 2013, for those who are certified and employed on that date, and thereafter, depending on their status, as deputy sheriffs become certified.

          3. Exempt a sheriff from this requirement if he or she had already provided a qualified vest before the deputy sheriff’s eligibility date, or if the deputy sheriff has his or her own personal body armor and declines the new vest in writing.

          4. Require the county commission of each county to “expend from the general county fund, upon request and requisition by the sheriff of the county, the necessary and proper expenses of providing the personal body armor.”

          5. Encourage county commissions and sheriffs to seek available federal and other lawful funds or assistance to defray the costs of the body armor.

Effective Date:     July 1, 2013