SB272 SFA #1 Takubo 2-15
Burrell 4809
Senator Takubo moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 5. COMMISSION ON SPECIAL INVESTIGATIONS.
§4-5-1. Commission
continued as Commission on Special Investigations continued;
composition; appointment and terms of members.
The
purchasing practices and procedures commission, heretofore created, shall
continue in existence but on and after the effective date of this section shall
be named and designated the Commission on Special Investigations is
continued. The commission shall continue to be composed of five the
President of the Senate and four members of the Senate, to be appointed by
the president thereof President of the Senate, no more than three
two of whom shall be from the same political party; and five the
Speaker of the House of Delegates and four members of the House of
Delegates, to be appointed by the speaker thereof Speaker of the
House of Delegates, no more than three two of whom shall be
appointed from the same political party: Provided, That in the event the
membership of a political party is less than 15 percent in the House of
Delegates or Senate, then the membership of that political party from the
legislative house with less than 15 percent membership may be one from that
house. The commission shall be headed chaired by two
co-chairmen, one to be selected by and from the members appointed from the
Senate, and one to be selected by and from the members appointed from the House
of Delegates the President of the Senate and the Speaker of the House of
Delegates. All members of the commission shall appointed to the
commission by the commission chairs serve until their successors shall
have been are appointed as heretofore provided in this
section.
§4-5-2. Powers and duties generally.
(a)
The Commission on Special Investigations shall have the power, duty and
responsibility may, upon a by majority vote: of the
members appointed, to
(1) Conduct a comprehensive and detailed investigation into the purchasing practices and procedures of the state;
(2) Determine if there is reason to believe that the laws or public policy of the state in connection with purchasing practices and procedures have been violated or are inadequate;
(3) Determine if any criminal or civil statutes relating to the purchasing practices and procedures in this state are necessary to protect and control the expenditures of money by the state;
(4) Investigate or examine any matter involving conflicts of interest, bribery of state officials, malfeasance, misfeasance, or nonfeasance in office by any employee or officer of the state;
(5) Conduct comprehensive and detailed investigations to determine if any criminal or civil statutes have been violated at any level of state government;
(6)
Determine whether to recommend criminal prosecution or civil action for any
violation, either criminal or civil, at any level of state government and, if
it is determined that action is necessary, to make appropriate recommendation
to the Attorney General, prosecuting attorney, or other authority empowered to
act on such the recommendation; and
(7)
Make such written reports deemed advisable by the commission to
the members of the Legislature between its sessions. thereof as the
commission may deem advisable and on On the first day of each
regular session of the Legislature, the commission shall make an annual
report on its activities to the Legislature containing the
commission's findings and recommendations including in such report
drafts of for any proposed legislation which it deems considers
necessary to carry such the recommendations into effect.
(b)
The commission is also expressly empowered and authorized to may
also:
(1) Sit during any recess of the Senate and House of Delegates;
(2)
Recommend to the judge of any circuit court that a grand jury be convened
pursuant to the provisions of §52-2-14 of this code to consider any
matter which the commission may deem considers in the public
interest and, in support thereof, make available to such the
court and such the grand jury the contents of any reports, files,
transcripts of hearings, or other evidence pertinent thereto to the
matter;
(3)
Employ such necessary legal, technical, investigative, clerical,
stenographic, advisory, and other personnel as it deems needed and,
within the appropriation herein specified in §4-5-4 of this code, fix reasonable compensation of such any
persons and firms as may be that are employed. The
commission’s investigative staff may consist of a director, deputy director,
senior investigators, and investigators as approved by the cochairs: Provided,
That such personnel as the commission may determine shall have the
authority authorize certain employees of the commission to
administer oaths and take affidavits and depositions anywhere in the state;
(4)
Consult and confer with all public and private persons and agencies
organizations, public (whether federal, state or local) and private
any entity of federal or state government or of any political subdivision of
the state, that have information and data pertinent to an investigation;
and all state and local governmental personnel and agencies and state
political subdivisions shall cooperate to the fullest extent with the
commission;
(5)
Call upon any department or agency of state or local government or entity
of state government or of any political subdivision of the state for such
any services, information, and assistance as it may deem the
commission considers advisable; and
(6)
Refer such appropriate matters as are appropriate to the
office of the United States attorney Attorney, or other appropriate
state or federal law-enforcement entity, and cooperate with such office in
the disposition of matters so referred; and
(7) Interview witnesses and require production from any entity of state government, or of any political subdivision of the state, of books, records, documents, papers, computers, laptops, computer hard drives, electronic records including, but not limited to, emails, electronic files, electronic documents and metadata, or any other thing, in any form in which it may exist, as the commission believes should be examined to make a complete investigation, except where the records, documents, data, or items are protected from disclosure by state or federal law or privilege recognized by state or federal courts: Provided, That a request for production pursuant to this subdivision may be in the form of a written letter from the director of the commission in lieu of a subpoena.
(c)
Notwithstanding any provision of this code to the contrary, specific personnel
may be designated by the commission to carry a firearm in the course of
performing his or her official duties: Provided, That as a precondition
of being authorized to carry a concealed weapon in the course of their official
duties, any such designated personnel must have shall first
successfully completed complete a firearms training and
certification program which is equivalent to that which is required of members
of the State Police. The designated persons must A person so designated
shall also possess a license to carry a concealed deadly weapon in the manner
prescribed in §61‑7‑1 et seq. of this code.
§4-5-3. Executive sessions; hearings; subpoena power; enforcement provisions.
The
commission shall have the power and authority to hold executive sessions
may conduct proceedings in a confidential executive session for the
purpose of establishing business, establishing policy, an agenda and
the interrogation of reviewing investigations, and interrogating a
witness or witnesses: Provided, That if a witness desires a public or
open hearing he shall have the right to demand the same the
witness may demand an open hearing and shall not be heard otherwise: Provided,
however, That if a witness desires a hearing in an executive session, he
shall have the right to demand the same the witness may so request
and shall not be heard otherwise. However, members of the staff of the
commission may be permitted to attend executive sessions with permission of
the commission.
The
commission is hereby empowered and authorized to examine witnesses and to
subpoena such persons and books, records, documents, papers or any other
tangible things as it believes should be examined to make a complete
investigation. All
witnesses appearing before the commission shall testify under oath or
affirmation, and any member of the commission or its staff may
administer oaths or affirmations to such witnesses. To compel the attendance
of witnesses at such hearings to attend a hearing or the
production of produce any books, records, documents, or
papers, or any other tangible thing except where the records,
documents, data, or items are protected from disclosure by state or federal law
or privilege recognized by state or federal courts, the commission is
hereby empowered and authorized to may issue subpoenas, signed by
one of the co-chairmen in accordance with section five, article one, chapter four
of this code cochairs:
Provided, That the commission may specifically authorize, or delegate
the power to its director to sign subpoenas on its behalf. Such The
subpoenas shall be served by any person authorized by law to serve and execute
legal process, and service shall be made without charge. Witnesses subpoenaed
to attend hearings shall be allowed the same mileage and per diem as is allowed
witnesses before any petit jury in this state.
If any person subpoenaed to appear at any hearing shall refuse to appear or to answer inquiries there propounded, or shall fail or refuse to produce books, records, documents, papers, or any other tangible thing within his or her control when the same are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court may compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance: Provided, That prior to seeking circuit court relief, the commission may, in its discretion, first demand the head of the public agency in which an employee has failed to appear or which has failed to produce requested or subpoenaed material to appear before the commission and address the basis for the failure to comply and whether compliance will be forthcoming.
§4-5-4.
Compensation and expenses of members; other expenses; how paid. joint
committee approval
The
members of the commission shall receive travel, interim, and out-of-state
expenses, as authorized in §4-2A-6, and §4-2A-8
and §4-2A-9 of this code. Such expenses and all other expenses,
including those incurred in the employment of legal, technical, investigative,
clerical, stenographic, advisory and other personnel, shall be paid from the
appropriation under Account No. 103 for Joint Expenses. but no
expense of any kind whatever shall be incurred unless the approval of the Joint
Committee on Government and Finance therefor is first had and obtained by the
commission
§4-5-5. Investigations exempt from public disclosure requirements.
(a) The investigations conducted by the commission and the materials,
in any medium, including hard copy and electronic, placed in the files
custody of the commission as a result of any such investigation are
exempt from public disclosure under the provisions of chapter 29B of this code.
(b) Notwithstanding any other provision of this code to the contrary, the commission may dispose of printed materials placed in its files upon a vote of the commission: Provided, That the commission shall save copies of materials filed on or after January 1, 2010, in electronic form prior to their disposal.
(c) When the commission receives information, in any form, from any office, agency, department, or branch of state or local government that is bound by state or federal law to maintain the confidentiality, privacy, or security of the information, that governmental body shall identify to the commission what information and materials are so protected and identify the law or laws governing the confidentiality, privacy, or security of the information. The commission shall protect the confidentiality, privacy, or security of the protected information in like manner and to the same level as is required of the governmental body providing the information to the commission. When the commission has completed an investigation and no longer has a need to maintain the confidential or protected information or materials, the commission shall notify the entity from whom the information was received and, unless requested to return the information or materials, shall destroy the same in a secure fashion and notify the entity from whom the information was received of this destruction.
§4-5-7. Impersonation or obstruction of commission member or staff.
(a) A person is guilty of impersonating a member or employee of the Commission on Special Investigations when he or she does one of the following:
(1) Falsely represents himself or herself to be a member or employee of the commission;
(2) Falsely represents himself or herself to be acting under the order or direction, or to have the authority, of the commission or its staff; or
(3) Falsely presents a badge, credentials, other insignia or likeness thereof, used by the commission for identification as a member of the commission or its staff.
(b) Any person who, by threats, menaces, or acts, or who forcibly or illegally hinders or obstructs or attempts to hinder or obstruct a Commission on Special Investigations member or employee acting in his or her official capacity, is guilty of obstruction: Provided, That failure to produce information or records at the request of a member or employee of the commission is not obstruction when such disclosure is prohibited by state or federal law.
(c) Any person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $500 nor more than $2,500, or confined in jail for not more than one year, or both fined and confined.
§4-5-8. Award of duty weapon upon retirement; disposal of other weapons used by staff.
(a) Upon the retirement of a member of the commission’s investigative staff, the cochairs of the commission shall award to the retiring employee a duty weapon used by the employee when that employee retires honorably after having served:
(1) At least 20 years of actual service on the commission’s investigative staff;
(2) At least 20 years in law enforcement and an additional 10 years of service on the commission’s investigative staff; or
(3) Any period of service on the commission’s investigative staff and retires due to total physical disability resulting from his or her service to the commission.
(b) The award of the duty weapon shall be without charge to the employee or other condition: Provided, That the cochairs shall not award a duty weapon to any retiring employee whom the cochairs find to be mentally incapacitated or to be a danger to any person or to the community.
(c) The commission has the sole authority to determine the manner of disposition of duty weapons of members of the commission’s investigative staff when replaced due to age or routine wear. The commission may offer these surplus weapons for sale at fair market value to any active or retired member of the commission’s investigative staff who has been designated to carry a firearm in the course of duties with the commission, with the proceeds of any sales to be used to offset the cost of new weapons. Surplus duty weapons may also be included as trade-ins toward the purchase of new weapons.
Adopted
Rejected