HB2008 HFA Kelly 3-11 #1

WRV 3133

 

Delegate Kelly moved to amend the bill on page 31, section 1, line 161, by inserting the following after line 161:

CHAPTER 15A. Department of HOMELAND SECURITY.

ARTICLE 14. NATURAL RESOURCES POLICE.

§15A-14-1. West Virginia Natural Resources Police transferred to Department of Homeland Security; West Virginia Natural Resources Police Retirement System transferred to the Department of Homeland Security; rules for grievance procedure.

(a) The law enforcement section of the Division of Natural Resources, heretofore existing in this code, is hereby continued in all respects except that all powers and duties previously exercised by the Director of the Division of Natural Resources with respect to the Natural Resources Police are terminated and all such powers and duties are hereby transferred to and vested in the Department of Homeland Security.

(b) The duties of Division of Natural Resources related to the West Virginia Division of Natural Resources Police Officer Retirement System shall transfer to the Department of Homeland Security.

(c) The secretary shall have authority to propose legislative rules for promulgation in accordance with the provisions of §29A-3-1 et seq. of this code, relating to a grievance procedure for sworn members of the Natural Resources Police. At a minimum, the rule shall provide a process for filing and resolving grievances at the lowest possible level in a timely manner, providing for representation, taking evidence at each level, establishing a hearing procedure, providing for appellate review, allocating costs and authorizing attorney fees to a grievant who prevails on appeal.

(d) The provisions of this section will take effect July 1, 2026.

CHAPTER 20. NATURAL RESOURCES.ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§20-1-14. Sections within division.

 

(a) Sections of wildlife resources and of law enforcement are hereby continued within the Division of Natural Resources. Subject to provisions of law, the director of the Division of Natural Resources shall allocate the functions and services of the division to the sections, offices and activities thereof and may from time to time establish and abolish other sections, offices and activities within the division in order to carry out fully and in an orderly manner the powers, duties and responsibilities of the office as director. The director shall select and designate a competent and qualified person to be chief of each section. The chief is the principal administrative officer of that section and is accountable and responsible for the orderly and efficient performance of the duties, functions and services thereof.

(b) Effective July 1, 2026, the law enforcement section of the Division of Natural Resources, heretofore existing in this code, is hereby continued in all respects except that all powers and duties previously exercised by the Director of the Division of Natural Resources with respect to the Natural Resources Police are terminated and all such powers and duties are hereby transferred to and vested in the Department of Homeland Security.

 

 

 

Adopted

Rejected