ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 3139

(By Delegates Sponaugle, R. Phillips, Manypenny and Longstreth)

(By request of the Secretary of State)

[Passed April 13, 2013; in effect from passage.]

AN ACT to amend and reenact §3-1A-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-3-3 of said code, all relating to qualified investigators employed by the Secretary of State or the Attorney General; authorizing the Secretary of State and Attorney General to allow qualified investigators to carry firearms while performing their official duties; establishing minimum training and certification requirements; and requiring qualified personnel to secure a license to carry a concealed weapon in accordance with the provisions of the code.

Be it enacted by the Legislature of West Virginia:

    That §3-1A-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §5-3-3 of said code be amended and reenacted, all to read as follows:

CHAPTER 3. ELECTIONS.

ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.

§3-1A-8. Investigators for the Secretary of State.

    (a) An employee of the Secretary of State, who has attended a course of instruction at the State Police Academy or its equivalent, has all the lawful powers delegated to members of the state police to enforce the provisions of this chapter and the criminal laws of the state in any county or municipality of this state. The Secretary of State may allow an investigator who has met the standards set forth in section four, article seven, chapter sixty-one of this code to carry a firearm and concealed weapon while performing their official duties: Provided, That as a precondition of being authorized to carry a firearm or concealed weapon in the course of their official duties, any such designated personnel must obtain and maintain firearms training and certification which is equivalent to that which is required of members of the state police. The designated persons must also possess a license to carry a concealed deadly weapon in the manner prescribed in article seven, chapter sixty-one of this code, or otherwise be exempted from the code’s provisions.

     (b) Before entering upon the discharge of his or her duties, an employee shall execute a bond with security in the sum of $3,500, payable to the State of West Virginia, conditioned for the faithful performance of his or her duties. The bond shall be approved as to form by the Attorney General and filed with the Secretary of State and preserved in his or her office. The State Police and a county sheriff or deputy sheriff or a municipal police officer, upon request by the Secretary of State or his or her appointee, is authorized to assist the Secretary of State or his or her appointee in enforcing the provisions of this chapter and the criminal laws of the state.

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORK; MISCELLANEOUS AGENCIES, COMMISSION, OFFICES, PROGRAMS, ETC.

 §5-3-3. Assistants to Attorney General; Investigators; Firearms

    (a) The Attorney General may appoint such assistant attorneys general as may be necessary to properly perform the duties of his or her office. The total compensation of all such assistants shall be within the limits of the amounts appropriated by the Legislature for personal services. All assistant attorneys general so appointed shall serve at the pleasure of the Attorney General and shall perform such duties as the Attorney General may require of them.

    (b) All laws or parts of laws inconsistent with the provisions hereof are hereby amended to be in harmony with the provisions of this section.

    (c) The attorney general may allow an investigator who has met the standards set forth in section four, article seven, chapter sixty-one of this code to carry a firearm and concealed weapon while performing their official duties: Provided, That as a precondition of being authorized to carry a firearm or a concealed weapon in the course of their official duties, any such designated personnel must obtain and maintain firearms training and certification which is equivalent to that which is required members of the state police. The designated persons must also carry a concealed deadly weapon in the manner prescribed in article seven, chapter sixty-one, or otherwise be exempted from the code’s provisions.