H. B. 2030
(By Delegates Douglas and Manuel)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections four and five, article six,
chapter twenty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
local emergency telephone systems; requiring county
commissions to furnish state public safety units with radio
equipment compatible with such local emergency telephone
systems in specified circumstances, if such units are not so
equipped; and requiring that calls received by such systems
be routed or dispatched in rotation to state and local
emergency service providers.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article six, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-4. Creation of emergency telephone systems.
(a) Upon the adoption by the public service commission of a
comprehensive plan, the public agency may establish, consistent
with the comprehensive plan, an emergency telephone system within
its respective jurisdiction. Nothing herein contained, however,
shall be construed to prohibit or discourage in any way the
establishment of multijurisdiction or regional systems, and any
emergency telephone system established pursuant to this article
may include the territory of more than one public agency, or may
include only a portion of the territory of a public agency. To
the extent feasible, emergency telephone systems shall be
centralized.
(b) Every emergency telephone system shall provide access to
emergency services organizations, police, fire fighting, and
emergency medical and ambulance services and may provide access
to other emergency services. Such system may also provide access
to private ambulance services. The emergency telephone system
shall provide the necessary mechanical equipment at the
established public agency answering point to allow deaf persons
access to the system.
(c) In those areas in which a public safety unit of the
state provides emergency services, the system shall provide
access to the public safety unit.
In the event that any state
public safety unit assigned to the area is not equipped with
compatible equipment affording direct radio communication with
personnel receiving calls made to the emergency telephone system
in the area, the county commission shall furnish that statepublic safety unit with the equipment necessary to establish such
direct radio communication. Personnel receiving calls on such a
system shall route or dispatch calls to state and local emergency
service providers in rotation, in order that, so far as possible,
there may be an equal division of calls between such emergency
service providers: Provided, That any such call dispatched by
radio shall be transmitted simultaneously to all appropriate
state and local emergency service providers in the vicinity, and
the first appropriate state or local emergency service provider
to acknowledge receipt of the radio dispatch shall respond to the
call.
(c) (d) The primary emergency telephone number to the extent
possible, shall be uniform throughout the state.
(d) (e) A telephone company in the normal course of
replacing or making major modifications to its switching
equipment shall include the capability of providing for the
emergency telephone system and shall bear all costs related
thereto. All charges for other services and facilities provided
by the telephone company, including the provision of distribution
facilities and station equipment, shall be paid for by the public
agency or public safety unit in accordance with the applicable
tariff rates then in effect for such services and facilities.
Other costs pursuant to the emergency telephone system shall be
allocated as determined by the applicable comprehensive plan of
the public service commission.
(e) (f) All coin-operated telephones within the state shallbe of a design that will permit a caller to initiate, without
first having to insert a coin (dial tone first or post-pay
systems), local calls to the long distance and directory
assistance operators, calls to the emergency telephone number
answering point, if one has been established in his or her local
calling area, and to other numbers for services as the telephone
company may from time to time make available to the public.
§24-6-5. Enhanced emergency telephone system requirements.
(a) An enhanced emergency telephone system, at a minimum,
shall provide that:
(1) All the territory in the county, including every
municipal corporation in the county, which is served by telephone
company central office equipment that will permit such a system
to be established shall be included in the system;
(2) Every emergency service provider that provides emergency
service within the territory of a county participate in the
system.
In the event that any state public safety unit assigned
to a county is not equipped with compatible equipment affording
direct radio communication with the county answering point for
the enhanced emergency telephone system in the county, the county
commission shall furnish that state public safety unit with the
equipment necessary to establish such direct radio communication.
County answering point personnel shall route or dispatch calls
received on an enhanced emergency telephone system to state and
local emergency service providers in rotation, in order that, so
far as possible, there may be an equal division of calls betweensuch emergency service providers: Provided, That any such call
dispatched by radio shall be transmitted simultaneously to all
appropriate state and local emergency service providers in the
vicinity, and the first appropriate state or local emergency
service provider to acknowledge receipt of the radio dispatch
shall respond to the call;
(3) Each county answering point be operated constantly;
(4) Each emergency service provider participating in the
system maintain a telephone number in addition to the one
provided for in the system; and
(5) If the county answering point personnel reasonably
determine that a call is not an emergency the personnel provide
the caller with the number of the appropriate emergency service
provider.
(b) To the extent possible, enhanced emergency telephone
systems shall be centralized.
(c) In developing an enhanced emergency telephone system,
the county commission or the department of public safety shall
seek the advice of both the telephone companies providing local
exchange service within the county and the local emergency
providers.
NOTE: The purpose of this bill is to give members of the
Department of Public Safety equal access to receive and respond
to calls made to local emergency telephone (911) systems and
enhanced emergency telephone systems. The bill requires a county
commission to furnish radio equipment compatible with the local
911 dispatching system to any state public safety unit assigned
to the county, if the state unit is not so equipped. It requiresdispatchers for such emergency telephone systems to route or
dispatch incoming calls on a rotating basis to state and local
emergency service providers. An incoming call dispatched by
radio shall be transmitted simultaneously to appropriate state
and local emergency service providers, and the first such
provider to acknowledge receipt of the radio dispatch shall
respond to the call.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.