reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 15. Public Safety › Article 10. Cooperation Between Law-Enforcement Agencies › §15-10-7. Cooperation With Military Authorities

(a) The head of a law-enforcement agency or head of a campus police department, as those positions are defined in 15-10-3 of this code, may assign law-enforcement personnel under his or her command to provide assistance, cooperation, and information to the National Guard of this state or any service component of the United States Department of Defense located in this state upon the written request of the Adjutant General or commanding officer of the unit or facility.
(b) The assistance authorized by subsection (a) of this section may be provided for, but not be limited to:
(1) Alleged violations of the federal and state Codes of Military Justice;
(2) Alleged violations of the criminal laws of the United States and the State of West Virginia;
(3) Investigations and other actions related to reports of sexual assault or sexual harassment, to include any cases of reprisal or retaliation;
(4) Violations of military directives, regulations, or instruction; and
(5) Other reasonable requests by the National Guard.
(c) The purpose of this section is to support the military by providing it objective, qualified law-enforcement services.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10A. Law-Enforcement Reemployment Act › §15-10A-1. Legislative Findings

The Legislature finds:
(1) That West Virginia law enforcement is currently suffering from an unacceptably high number of vacant law-enforcement positions because of military service obligations, and that given the time factors and expense associated with the hiring and training of personnel with no prior law-enforcement experience, it is in the interest of the state to reemploy retired law-enforcement officers in order to temporarily fill only the vacant positions of those law-enforcement officers called to active military duty;
(2) That no pension rights of any kind shall accrue or attach pursuant to reemployment under this article; and
(3) That a law-enforcement agency who hires a retired law-enforcement officer shall bear no responsibility for medical payments resulting from work-related injuries or illnesses of persons hired pursuant to this article, other than those commonly associated with state employees covered by workers' compensation.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10A. Law-Enforcement Reemployment Act › §15-10A-2. Reemployment of Law-Enforcement Officers

(a) Notwithstanding any provision of this code to the contrary, any honorably retired law-enforcement officer may, at the discretion of the head of a law-enforcement agency, be reemployed subject to the provisions of this article: Provided, That a retired law-enforcement officer employed pursuant to this article must be certified pursuant to article twenty-nine, chapter thirty.
(b) Any person reemployed pursuant to the provisions of this article shall:
(1) Receive the same compensation as a regularly enlisted officer of the same rank;
(2) Receive credit for all years of service accrued prior to their retirement, as well as service rendered after the date of their reemployment;
(3) Exercise the same authority as a regularly enlisted officer of the law-enforcement agency;
(4) Wear the same uniform and insignia;
(5) Be subject to the same oath;
(6) Execute the same bond; and
(7) Exercise the same powers and be subject to the same limitations as a regularly enlisted officer of the law-enforcement agency.
(c) A person reemployed pursuant to the provisions of this article is ineligible for promotion or reclassification of any type nor eligible for appointment to a temporary rank.
(d) A person reemployed pursuant to the provisions of this article may be employed for a period not to exceed two years from the date on which he or she is hired.
(e) As used in this article:
(1) "Law-enforcement officer" or "officer" means: (A) Any sheriff and any deputy sheriff of any county; (B) any member of a police department in any municipality as defined in section two, article one, chapter eight of this code; and (C) any natural resources police officer of the Division of Natural Resources; and
(2) "Head of a law-enforcement agency" means the chief of police of an incorporated municipality; a county sheriff, or the chief natural resources police officer of the Division of Natural Resources.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10A. Law-Enforcement Reemployment Act › §15-10A-4. Coverage for Illness or Injury

(a) Notwithstanding any provision of this code to the contrary, the head of the law-enforcement agency shall make provisions for coverage of personnel employed pursuant to this article by the workers' compensation division and Bureau of Employment Programs. In the event an individual reemployed pursuant to this article sustains an illness or injury which is work related in origin, any cost associated with the treatment must be defrayed in this manner.
(b) In the event a work-related illness or injury renders an individual employed pursuant to the provisions of this article permanently physically or mentally disabled, the applicable law-enforcement agencies' disability coverage through the workers' compensation division shall apply, and the individual's existing pension shall be recalculated as though the disabling event had occurred coincident with the individual's original retirement. Any change in benefits resulting from this recalculation may not be retroactive in nature.
(c) The provisions of this section do not apply in the event a person employed pursuant to this article is disabled because of some cause or event which is determined not to be work related.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10A. Law-Enforcement Reemployment Act › §15-10A-6. Employment Status; Civil Service; and Retirement Benefits

(a) Notwithstanding any provision of this code to the contrary, any person reemployed pursuant to this article shall serve at the will and pleasure of the head of the law-enforcement agency, and is subject to termination without cause.
(b) Any person reemployed pursuant to this article may not be included in the classified service of the civil service system.
(c) Notwithstanding any provision of this code to the contrary, compensation paid to any person reemployed pursuant to this article shall be in addition to any public employees insurance act retirement benefits, or any other retirement payments or pension benefits which he or she is already entitled to receive or is receiving.
2023 West Virginia Code › Chapter 15. Public Safety › Article 11. Payment of Funeral Expenses › §15-11-1. Law-Enforcement, Safety and Emergency Worker Funeral Expense Fund Created

There is created within the State Treasury a special fund known as the "law-enforcement, safety and emergency worker funeral expense payment fund", into which there shall be deposited such moneys as from time to time may be appropriated by the Legislature or received from other sources as may be donated or otherwise provided for the fund. The fund shall be administered by the secretary of military affairs and public safety for the sole purpose of effecting the provisions of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 11. Payment of Funeral Expenses › §15-11-2. Payment of Funeral Expenses of Law-Enforcement, Safety, and Emergency Workers Killed in the Line of Duty

(a) The Secretary of Military Affairs and Public Safety shall, upon written request, direct payment from the fund in the form of a draft as provided in this article up to and including an amount not exceeding $8,000 for the reasonable funeral expenses, including burial expenses, of a law-enforcement, safety, or emergency worker killed on or after January 1, 1999, while carrying out official duties: Provided, That funds shall not be expended for any funeral expense that is otherwise payable pursuant to the provisions of §23-4-1 et seq. of this code, as amended, or other benefit programs established by a provision of this code which does not involve employee participation: Provided, however, That where other funds for funeral expenses are provided pursuant to the laws of this state, from whatever source, which amount to less than $8,000, funds provided by the provisions of this section shall be expended so as to ensure that at least $8,000 is available for reasonable funeral expenses. The secretary shall direct payment of the funeral expenses upon written request of an employer or head of a volunteer organization, as is appropriate pursuant to this article, certifying that the individual for whom funeral expenses are requested was killed while performing official duties.
(b) The secretary shall supply the draft in the name of the person contracting for the funeral services and, if known, the service provider to the employer or agency head making the request who shall tender the draft to the person who contracted for the services.
(c) For the purposes of this section, “law-enforcement, safety, or emergency worker” means:
(1) Any duly authorized member of a law-enforcement agency 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 of the state, other than parking ordinances, and including those persons employed as security officers at municipal, county, regional, or state offices, authorities or institutions, although their employers may not be public law-enforcement agencies, employed by the Hatfield-McCoy Regional Recreation Authority, and members of the West Virginia National Guard while engaged in active duty service: Provided, That this section does not apply to those persons employed by private security firms or agencies;
(2) Any state, regional, county, or municipal correctional employee;
(3) Any firefighter employed by the state or any political subdivision of the state and any volunteer firefighter performing as a member of a volunteer fire department;
(4) Any “emergency medical services personnel”, as defined in §16-4C-3 of this code, employed by or volunteering for any state agency or institution or political subdivision of the state; or
(5) Any probation officer appointed under the provisions of either §62-12-5 or §49-4-719 of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-1a. Intent and Findings

(a) It is the intent of this article to assist law-enforcement agencies' efforts to protect the public from sex offenders by requiring sex offenders to register with the State Police detachment in the county where he or she shall reside and by making certain information about sex offenders available to the public as provided in this article. It is not the intent of the Legislature that the information be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal.
(b) The Legislature finds and declares that there is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses in order to allow members of the public to adequately protect themselves and their children from these persons.
(c) The Legislature also finds and declares that persons required to register as sex offenders pursuant to this article have a reduced expectation of privacy because of the state's interest in public safety.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-2a. Court Determination of Sexually Violent Predator

(a) The circuit court that has sentenced a person for the commission of a sexually violent offense or that has entered a judgment of acquittal of a charge of committing a sexually violent offense in which the defendant has been found not guilty by reason of mental illness, mental retardation or addiction shall make a determination whether:
(1) A person is a sexually violent predator; or
(2) A person is not a sexually violent predator.
(b) A hearing to make a determination as provided in subsection (a) of this section is a summary proceeding, triable before the court without a jury.
(c) A proceeding seeking to establish that a person is a sexually violent predator is initiated by the filing of a written pleading by the prosecuting attorney. The pleading shall describe the record of the judgment of the court on the person's conviction or finding of not guilty by reason of mental illness, mental retardation or addiction of a sexually violent offense and shall set forth a short and plain statement of the prosecutor's claim that the person suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(d) Prior to making a determination pursuant to the provisions of this section, the sentencing court may order a psychiatric or other clinical examination and, after examination, may further order a period of observation in an appropriate facility within this state designated by the court after consultation with the Director of the Division of Health.
(e) Prior to making a determination pursuant to the provisions of this section, the sentencing court shall request and receive a report by the board established pursuant to section two-b of this article. The report shall set forth the findings and recommendation of the board on the issue of whether the person is a sexually violent predator.
(f) At a hearing to determine whether a person is a sexually violent predator, the person shall be present and shall have the right to be represented by counsel, introduce evidence and cross-examine witnesses. The offender shall have access to a summary of the medical evidence to be presented by the state. The offender shall have the right to an examination by an independent expert of his or her choice and testimony from the expert as a medical witness on his or her behalf. At the termination of the hearing the court shall make a finding of fact upon a preponderance of the evidence as to whether the person is a sexually violent predator.
(g) If a person is determined by the circuit court to be a sexually violent predator, the clerk of the court shall forward a copy of the order to the State Police in the manner promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-2b. Creation of Sex Offender Registration Advisory Board

(a) There is hereby created within the Department of Military Affairs and Public Safety a sex offender registration advisory board consisting of a minimum of five members appointed by the secretary of the Department of Military Affairs and Public Safety. At least two of the members shall be experts in the field of the behavior and treatment of sexual offenders, and each shall be a physician, psychologist or social worker in the employ of this state appointed by the secretary in consultation with the director of the division of health. The remaining members shall be victims rights advocates and representatives of law-enforcement agencies. Members of the board shall be reimbursed their reasonable expenses pursuant to the rules promulgated by the Department of Administration for the reimbursement of expenses of state officials and employees and shall receive no other compensation for their services. The board shall utilize the staff of the division or office within the Department of Military Affairs and Public Safety designated by the secretary thereof in carrying out its duties and responsibilities as set forth in this article.
(b) The board shall assist the circuit courts of this state in determining whether persons convicted of sexually violent offenses are sexually violent predators.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-3. Change in Registry Information

When any person required to register under this article changes his or her residence, address, place of employment or occupation, motor vehicle, trailer or motor home information required by section two of this article, or school or training facility which he or she is attending, or when any of the other information required by this article changes, he or she shall, within ten business days, inform the West Virginia State Police of the changes in the manner prescribed by the Superintendent of State Police in procedural rules promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That when any person required to register under this article changes his or her residence, place of employment or occupation or school or training facility he or she is attending from one county of this state to another county of this state, he or she shall inform the West Virginia State Police detachment responsible for covering the county of his or her residence within ten business days of the change in the manner prescribed by the superintendent in procedural rules promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-3a. Petition for Removal of Sexually Violent Predator Designation

A proceeding seeking to remove a person's designation as a sexually violent predator may be initiated by the filing of a petition by the person so designated in the original sentencing court. The petition shall set forth that the underlying qualifying conviction has been reversed or vacated. Upon receipt of proof that no qualifying conviction exists, the court shall enter an order directing the removal of the designation.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-4. Duration

(a) A person required to register under the terms of this article shall continue to comply with this section, except during ensuing periods of incarceration or confinement, until:
(1) Ten years have elapsed since the person was released from prison, jail, or a mental health facility or 10 years have elapsed since the person was placed on probation, parole, or supervised or conditional release. The 10-year registration period may not be reduced by the sex offender’s release from probation, parole, or supervised or conditional release; or
(2) For the life of that person, if that person: (A) Has one or more prior convictions or has previously been found not guilty by reason of mental illness, mental retardation, or addiction for any qualifying offense referred to in this article; (B) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense as referred to in this article, and upon motion of the prosecuting attorney, the court finds by clear and convincing evidence that the qualifying offense involved multiple victims or multiple violations of the qualifying offense; (C) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a sexually violent offense; (D) has been determined pursuant to §15-12-2a of this code to be a sexually violent predator; or (E) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense as referred to in this article, involving a minor or a person believed or perceived by the registrant to be a minor.
(b) A person whose conviction is overturned for the offense which required him or her to register under this article shall, upon petition to the court, have his or her name removed from the registry.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-6. Duties of Institution Officials

In addition to the duties imposed by sections two and four of this article, the official in charge of the place of confinement shall inform any person required to register under this article, before parole or release, of the duty to register. Further, the official shall obtain the full address of the person and a statement signed by the person acknowledging that the person has been informed of his or her duty to register.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-6a. Release of Information to the Sex Offender Registry

Upon the request of the West Virginia State Police, agencies in possession of records produced in conjunction with investigation, prosecution, adjudication, incarceration, probation, parole or presentence review of a sex offender and any other records produced in conjunction with a sex offense shall provide those records to the State Police.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-7. Information Shall Be Released When Person Moves Out of State

A person who is required to register pursuant to the provisions of this article, who intends to move to another state or country shall at least ten business days prior to such move notify the State Police of his or her intent to move and of the location to which he or she intends to move, or if that person is incarcerated he or she shall notify correctional officials of his or her intent to reside in some other state or country upon his or her release, and of the location to which he or she intends to move. Upon such notification, the State Police shall notify law-enforcement officials of the jurisdiction where the person indicates he or she intends to reside of the information provided by the person under the provisions of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-9. Registration of Out-of-State Offenders

(a) When any probation or parole officer accepts supervision of and has legal authority over any person required to register under this article from another state under the terms and conditions of the uniform act for out-of-state parolee supervision established under article six, chapter twenty-eight of this code, the officer shall give the person written notice of the registration requirements of this section and obtain a signed statement from the person required to register acknowledging the receipt of the notice. The officer shall obtain and submit to the State Police the information required in subsection (d), section two of this article.
(b) Any person:
(1) Who resides in another state or federal or military jurisdiction;
(2) Who is employed, carries on a vocation, is a student in this state, is a visitor to this state for a period of more than fifteen continuous days or owns or leases habitable real property in this state that he or she regularly visits; and
(3) Who is required by the state, federal or military jurisdiction in which he or she resides to register in that state, federal or military jurisdiction as a sex offender, or has been convicted of a violation in that state, federal or military jurisdiction that is similar to a violation in this article requiring registration as a sex offender in this state, shall register in this state and otherwise comply with the provisions of this article.
(c) Any person changing residence to this state from another state or federal or military jurisdiction who is required to register as a sex offender under the laws of that state or federal or military jurisdiction shall register as a sex offender in this state.
2023 West Virginia Code › Chapter 15. Public Safety › Article 12. Sex Offender Registration Act › §15-12-10. Address and Online Information Verification

All registrants, including those for whom there has been no change in registration information since their initial registration or previous address verification, must report, in the month of their birth, or in the case of a sexually violent predator in the months of January, April, July and October, to the State Police detachment responsible for covering their county of registration and must respond to all verification inquiries and informational requests, including, but not limited to, requests for online information made by the State Police pursuant to this section. The State Police shall verify addresses of those persons registered as sexually violent predators every ninety days and all other registered persons once a year. As used in this section, the term "online information" shall mean all information required by subdivision (8), subsection (d), section two, article twelve, chapter fifteen of this code. The State Police may require registrants to periodically submit to new fingerprints and photographs as part of the verification process. The method of verification shall be in accordance with internal management rules pertaining thereto promulgated by the superintendent under authority of section twenty-five, article two, chapter fifteen of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-1. Intent and Findings

(a) It is the intent of this article to assist law-enforcement agencies' efforts to protect children from abuse and neglect by requiring persons convicted of child abuse or neglect to register with the State Police detachment in the county of his or her residence and to report information as required by section two of this article. It is not the intent of the Legislature that this act be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal, and is intended to provide for the safety of children who are exposed to persons convicted of child abuse and neglect.
(b) The Legislature finds and declares that there is a compelling and necessary public interest that children be protected from physical abuse and neglect, and that requirements of this article are appropriate and reasonable because of this compelling state interest.
(c) The Legislature also finds and declares that persons required to register for committing child abuse or neglect pursuant to this article have a reduced expectation of privacy because of the state's interest in public safety.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-3. Change in Registry Information

(a) When any person required to register under this article changes his or her residence, address, or when any of the other information required by this article changes, he or she shall, within ten business days, inform the West Virginia State Police of the changes in the manner prescribed by the superintendent of State Police in procedural rules promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
Upon directive by the State Police, any person required to register under this article may be required to appear at the nearest State Police detachment from his or her residence, to verify or provide additional information or documentation necessary to have complete and accurate registry records.
(b) A person who is required to register pursuant to the provisions of this article, who intends to move to another state or country shall, prior to such move, notify the State Police of his or her intent to move and of the location to which he or she intends to move, or if that person is incarcerated he or she shall notify correctional officials of his or her intent to reside in some other state or country upon his or her release, and of the location to which he or she intends to move. Upon such notification, the State Police shall notify law-enforcement officials of the jurisdiction where the person indicates he or she intends to reside of the information provided by the person under the provisions of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-4. Duration

(a) A person required to register pursuant to the provisions of this article shall continue to comply with this section, except during ensuing periods of incarceration or confinement, until ten years have elapsed since the person was released from prison, jail or a mental health facility or ten years have elapsed since the person was placed on probation, parole or supervised or conditional release. The ten-year registration period shall not be reduced by the offender's release from probation, parole or supervised or conditional release.
(b) A person whose conviction is overturned for the offense which required them to register under this article shall, upon petition to the court, have their name removed from the registry.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-6. Duties of Institution Officials

In addition to the duties imposed by sections two and four of this article, the official in charge of the place of confinement of any person required to register under this article shall, before the person is paroled or released, inform that person of his or her duty to register. Further, the official shall obtain the full address of the person and a statement signed by the person acknowledging that the person has been informed of his or her duty to register.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-7. Failure to Register or Provide Notice of Registration Changes; Penalty

(a) Except as provided in this section, any person required to register under this article who knowingly provides false information or who refuses to provide accurate information when so required by this article, or who knowingly fails to register or knowingly fails to provide a change in any information as required by this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $10,000 or imprisoned in jail not more than one year, or both: Provided, That each time the person has a change in any of the registration information as required by this article and fails to register the change or changes, each failure to register each separate item of information changed shall constitute a separate offense.
(b) Any person required to register under this article who is convicted of a second or subsequent offense of failing to register or provide a change in any information as required by this article who knowingly provides false information or who refuses to provide accurate information when so required by terms of this article or who knowingly fails to register or knowingly fails to provide a change in information as required by this article is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than five years.
(c) In addition to any other penalty specified for failure to register under this article, any person under the supervision of a probation officer, parole officer or any other sanction short of confinement in jail or prison who knowingly refuses to register or who knowingly fails to provide a change in information as required by this article shall be subject to immediate revocation of probation or parole and returned to confinement for the remainder of any suspended or unserved portion of his or her original sentence.
2023 West Virginia Code › Chapter 15. Public Safety › Article 13. Child Abuse and Neglect Registration › §15-13-8. Registration of Out-of-State Offenders

(a) When any probation or parole officer accepts supervision of, and has legal authority over, any person required to register under this article from another state under the terms and conditions of the Interstate Compact for the Supervision of Adult Offenders established under article seven, chapter twenty-eight of this code, the officer shall give the person written notice of the registration requirements of this section and obtain a signed statement from the person required to register acknowledging the receipt of the notice. The officer shall obtain and submit to the State Police the information required in subsection (e), section two of this article.
(b) Any person:
(1) Who resides in another state or federal or military jurisdiction;
(2) Who is employed, carries on a vocation, is a student in this state or is a visitor to this state for a period of more than fifteen continuous days; and
(3) Who is required by the state, federal or military jurisdiction in which he or she resides to register in that state, federal or military jurisdiction for child abuse or neglect, or has been convicted of a violation in that state, federal or military jurisdiction that is similar to a violation in this article shall register in this state and otherwise comply with the provisions of this article.
(c) Any person changing residence to this state from another state or federal or military jurisdiction who is required to register because of a conviction for child abuse or neglect under the laws of that state or federal or military jurisdiction shall register in this state.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-2. Definitions

(a) “Director” means the Director of West Virginia Division of Homeland Security and Emergency Management.
(b) “Statewide Interoperable Radio Network” or “SIRN” means the interoperable communications network established for the purpose of implementing and maintaining an interoperable communications network for first responders to help assure the safety of all citizens in the event of disaster or emergency.
(c) “Statewide Interoperability Coordinator” or “SWIC” means the individual appointed by the Director to oversee the state’s interoperable communications efforts in planning and coordinating the SIRN.
(d) “Statewide Interoperability Executive Committee” or “Executive Committee” means the governing body of the SIRN.
(e) “WVDHSEM” means the West Virginia Division of Homeland Security and Emergency Management.
(f) “Regional Interoperability Committee” means the committee or committees that assist the SWIC and the Executive Committee with governing and monitoring the implementation and operation of the SIRN and establishing goals for the betterment of the SIRN.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-3. Purpose and Objectives

(a) One of the most important and profound duties of the State of West Virginia is to provide for the safety and security of her citizens. The state must constantly be prepared to immediately respond to any homeland security threat or event and all disasters, natural or man-made. With any Homeland Security threat or event, and all disasters, natural or man-made, the state must be able to instantly and effectively communicate in order to collaborate with various entities which are geographically dispersed.
(b) The purpose of this article is to ensure the most effective communication in the provision of emergency services, to assure an immediate and coordinated response to disasters and emergencies, and to ensure the maintenance and operation of the equipment comprising the SIRN.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-4. Appointment of the Statewide Interoperability Coordinator

(a) On or before July 1, 2017, the director shall appoint the Statewide Interoperability Coordinator from a recommendation of the Statewide Interoperability Executive Committee (SIEC), who shall be employed by and report to the director. The coordinator shall have at a minimum five years’ experience in overseeing and managing major communications systems and supervising employees.
(b) The coordinator shall oversee the state’s interoperable communications efforts in planning and coordinating a statewide interoperable radio network that serves the state’s first responders and other users of the network.
(c) The coordinator shall provide recommendations to the director to determine statewide priorities related to interoperable communications and shall work with all agencies to ensure the greatest input to the plans.
(d) The coordinator shall ensure all interoperable communications funds and functions of this state are coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities and of private agencies of every type, so that the most effective preparation and use may be made of the nation’s and this state’s communications resources and facilities for dealing with any disaster or emergency that may occur.
(e) The coordinator will provide the Statewide Interoperable Radio Network approved compatibility equipment list to any state spending unit or state agency, including purchases on behalf of state agencies, county and local first responder agencies for purchases of two-way radio, microwave or satellite equipment and related services, or purchases that utilize state or federal funds distributed to local entities by the State of West Virginia. The purchase of any equipment not on the approved compatibility list must receive prior approval from the coordinator.
(f) The coordinator is the point of contact for any public or private entity or individual seeking information about the Radio Network;
(g) Prior to any state agency proceeding with a major communications project, an agency shall submit to the coordinator a project proposal, outlining the need for the project, the proposed technology solution, if known, and an explanation of how the project will support the agency’s objective and the state’s strategic interoperable communications plan.
(h) The coordinator shall perform any other duties as may be prescribed by the director.
(i) If a vacancy exists in this position, the director shall appoint someone to act in this capacity until the Executive Committee makes its recommendations and the director appoints a replacement.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-5. The Statewide Interoperability Executive Committee

(a) The Statewide Interoperability Executive Committee shall consist of the following members or their designee:
(1) The Director of the WVDHSEM;
(2) The Superintendent of the West Virginia State Police;
(3) The President of the West Virginia Emergency Management Council;
(4) The Adjutant General of the West Virginia National Guard;
(5) The West Virginia Chief Technology Officer;
(6) The President of the West Virginia Enhanced 911 Council;
(7) The President of the West Virginia Sheriffs’ Association;
(8) The West Virginia State Fire Marshal;
(9) The President of the West Virginia County Commissioners’ Association;
(10) The President of the West Virginia Municipal League;
(11) The Secretary of the Department of Transportation;
(12) The Director of the West Virginia Department of Health and Human Resources, Office of Emergency Medical Services;
(13) One representative from each of the agencies which own one of the SIRN’s zoned master site switches not otherwise represented;
(14) The chairman of each of the Regional Interoperability Committees;
(15) A representative of the West Virginia Chapter of the Association of Public Safety Communications Officials;
(16) The Director of the West Virginia Parkways Authority; and
(17) The Statewide Interoperability Coordinator who shall serve in a nonvoting Ex officio capacity.
(b) The director shall serve as the chairman of the Executive Committee.
(c) Members of the Executive Committee shall serve without compensation. However, each member of the Executive Committee may receive reimbursement from the Statewide Interoperable Radio Network Account, for actual expenses, including travel expenses, in accordance with state travel guidelines.
(d) The Executive Committee may appoint, as nonvoting members, individuals with technical expertise that may assist with its mission.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-6. Duties of the Statewide Interoperability Executive Committee

The Executive Committee shall:
(1) Monitor the implementation and operation of the SIRN;
(2) Establish goals and guidance for the betterment of the SIRN;
(3) Review and approve all requests for use of the SIRN and its equipment, by a public or private entity;
(4) Develop, update, and implement policies, procedures, and guidelines related to the SIRN;
(5) Identify new technologies and develop technologies and standards for the SIRN;
(6) Enhance the coordination of all available resources for public safety communications interoperability;
(7) Investigate all matters relating to integrity, foresight in funding and operations and planning for the SIRN;
(8) Revoke, suspend, or modify any entitys use of the SIRN and equipment connected to the SIRN: Provided, That nothing in this section shall be construed to invalidate the Vertical Real Estate Management and Availability Act as provided in 31G-5-3 of this code;
(9) Provide guidance and services to support the proper cleansing of all decommissioned radio previously connected to SIRN; and
(10) Require all state agencies to submit two-way telecommunications equipment, not handled by the Office of Technology, to the Division of Emergency Management for cleansing, redistribution, reuse, or for the sale of the two-way telecommunications equipment.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-7. Maintenance and Operations of the Statewide Interoperable Network; Personnel; Assets; Agreements

(a) The director may employ such technical, clerical, legal counsel, stenographic and other personnel, fix their compensation and make expenditures within the appropriation to the agency or from other funds made available for the purpose of providing interoperable communications services to carry out the purpose of this article.
(b) All equipment, structures, property, and personnel along with their equipment and vehicles, owned, managed, directed, controlled, and governed by the Department of Health and Human Resources associated with the statewide interoperable radio and/or microwave network and medical command radio system, are transferred to, incorporated in and administered as a part of the WVDHSEM: Provided, That medical command radio system communication equipment, not including the microwave and SIRN equipment, and personnel located in the medical coordination center at Flatwoods, West Virginia shall continue to be managed, directed, controlled, and governed by the Department of Health and Human Resources and are not included in the transfer authorized by this subsection.
(c) The director may acquire in the name of the state by purchase, lease or gift, real property and rights or easements necessary or convenient to construct thereon the necessary building or buildings for housing Radio Network employees, equipment or infrastructure.
(d) The director or his or her designee may enter into cooperative agreements, land and tower leases, memorandums of understanding/agreement, training contracts or service contracts with political subdivisions of the state, other states, federal agencies, and with public or private agencies for use by the radio network.
(e) The WVDHSEM is exempt from the requirements and associated fees of any local ordinances of any political subdivision of the state relating to the construction of towers or other infrastructure for use by the Radio Network to enhance interoperable communications.
(f) The WVDHSEM shall support a unified approach to interoperable communications across state, county, and municipal government, to include:
(1) Providing ongoing assistance and support to the state’s Medical Command System; and
(2) Providing ongoing assistance and support to state agencies in the development of interoperable and emergency communications plans or projects.
2023 West Virginia Code › Chapter 15. Public Safety › Article 14. The Statewide Interoperable Radio Network › §15-14-8. The Regional Interoperability Committees; Composition; Duties

(a) The Regional Interoperability Committees shall operate in each of the defined state homeland security regions.
(b) Each Regional Interoperability Committee consists of no more than one representative from each identified discipline within each region, and includes, is not limited to, the following agencies, as well as those deemed necessary by the SWIC, Regional Interoperability Committee, or Executive Committee to ensure public safety:
(1) Municipal, county or regional hospitals;
(2) Municipal, county or state law enforcement;
(3) Municipal, county or private transit;
(4) Civil Air Patrol;
(5) County Enhanced 911;
(6) Emergency medical services;
(7) Federal law enforcement;
(8) Federal government (non-law enforcement);
(9) Municipal or county fire service;
(10) Municipal or county health department;
(11) Higher education public safety;
(12) Municipal or county Homeland Security/Emergency Management;
(13) Private industry-critical infrastructure and key resources;
(14) Regional response team;
(15) Radio Amateur Civil Emergency Services (RACES) or Amateur Radio Emergency Service (ARES);
(16) American Red Cross;
(17) Non-first responder state agencies;
(18) Volunteer search and rescue organizations;
(19) County Commissioners’ Association of West Virginia; and
(20) West Virginia Municipal League.
(c) The Regional Interoperability Committees shall:
(1) Assist the SWIC and the Executive Committee with governing and monitoring the implementation and operation of the SIRN and establishing goals for the betterment of the SIRN; and
(2) Serve as the mechanism for providing local level input to the Executive Committee for governance, identifying and developing technologies and standards, and coordination of resources.
(d) Regional Interoperability Committee members shall serve without compensation.