HB 2525 Text

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BP-HFAM ENROLLED
COMMITTEE SUBSTITUTE

FOR
H. B. 2525

(By Delegates Swartzmiller, Beach, Hrutkay, Klempa, Pethtel,
Ennis, Iaquinta, Hutchins, Perry, Shook and DeLong)

[Passed March 10, 2007; in effect from passage.]

AN ACT to amend and reenact º24E-1-3 and º24E-1-11 of the Code of West Virginia, 1931, as amended, all relating to the statewide addressing and mapping board; clarifying board composition; extending board members' terms; establishing powers and duties; providing for legal counsel; providing the division with rule-making and emergency rule-making authority; requiring the board to share information; extending the termination of the board; providing for the transfer of the powers and duties of the board to the division of homeland security and emergency management.

Be it enacted by the Legislature of West Virginia:
That §24E-1-3 and §24E-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD.
§24E-1-3. West Virginia statewide addressing and mapping board;

term of office; compensation and expenses of board
members; transfer of data; legal counsel.
(a) The West Virginia statewide addressing and mapping board is hereby continued.
(b) Commencing on the first day of July, two thousand seven, the board is to be composed of eleven members appointed by the Governor as follows:
(1) The Secretary of the Department of Military Affairs and Public Safety or his or her designee , shall serve as chairperson of the board;
(2) A Commissioner of the Public Service Commission or his or her designee ;
(3) An official or employee of the State Geological and Economic Survey, qualified in the field of geographic information systems;
(4) An official or employee of the Division of Highways;
(5) A county commissioner;
(6) A county assessor;
(7) A mayor of a municipality or a municipal official;
(8) A director of an enhanced emergency telephone system from a county with a population of thirty thousand or less as shown by the last federal census;
(9) A director of an enhanced emergency telephone system from a county with a population of greater than thirty thousand as shown by the last federal census;
(10) A representative of a local exchange telephone company; and
(11) A member of the public at-large that may be affiliated with any of the above entities.
(c) In making appointments to the board, the Governor shall, to the extent possible, ensure representation on the board, by one or more members, of any entity providing twenty-five percent or more of funding to the statewide addressing and mapping fund created and continued under the provisions of this article.
(d) Any member serving on the board on the first day of January, two thousand seven, shall continue to serve until the first day of July, two thousand ten, or until replaced by the Governor.
(e) Members of the board are entitled to the same expense reimbursement paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or substantial portion thereof engaged in the performance of official duties. Their expense reimbursement is to be paid from the West Virginia statewide addressing and mapping fund.
(f) On or before the first day of July, two thousand seven, the board, or a subcommittee of the board, will commence meetings to develop a plan to transfer a backup copy of the aerial map database, and to periodically transfer updated entries to the database to the Rahall Appalachian Transportation Institute, it shall make all nonsensitive data available to state agencies on request.
(g) On or before the first day of December, two thousand seven, and each year thereafter until its final termination and transfer to the Division of Homeland Security and Emergency Management, the board shall report to the Division of Homeland Security and Emergency Management as to its transfer of data to the Rahall Appalachian Transportation Institute.
(h) Commencing on the first day of July, two thousand seven, the board will utilize legal counsel approved by the Secretary of the Department of Military Affairs and Public Safety and the board shall pay any costs associated with legal counsel.
§24E-1-11. Termination of board; transfer of duties and title;

legislative and emergency rules; advisory board.
(a) The board shall terminate on the first day of July, two thousand nine, after which it shall have one year to wind up its affairs pursuant to the provisions of article ten, chapter four of this code. Upon final termination, the board shall transfer all its right, title and interest to any maps, compilations or other works that it created as a result of the statewide addressing and mapping to the respective county commissions.
(b) Upon final termination of the board, county commissions shall maintain and update the addressing and mapping systems within their respective jurisdictions under the standards established by the board, as updated thereafter by the Division of Homeland Security and Emergency Management of the Department of Military Affairs and Public Safety under this section, and shall supply the updated information to the division in the format it establishes through its rule making authority.
(c) Except as provided in subsection (b) of this section, upon final termination of the board, the powers and duties of the board shall be transferred to the Division of Homeland Security and Emergency Management.
(d) Prior to the final termination of the board, the division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which shall become effective only upon the final termination of the board. The rules shall:
(1) Maintain and update the standards for statewide addressing and mapping;
(2) Establish standard reasonable fees, based on cost, to be charged by county commissions for copies or use of any maps, compilations or other works created as a result of the statewide addressing and mapping, subject to the exemptions provided under section nine of this article;
(3) Govern centralization and interoperability of the county systems within the integrated statewide addressing and mapping system; and
(4) Ensure the public safety in any manner the division considers advisable.
(e) Upon final termination of the board, the division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the purposes set forth in this article.
(f) Upon final termination of the board, the division may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.
(g) Rules in effect as of the reenactment of this article during the two thousand seven regular session will remain in effect until amended, modified, repealed or replaced pursuant to this article.
(h) Effective the first day of July, two thousand ten, the statewide addressing and mapping board shall become an advisory board within the Division of Homeland Security and Emergency Management and will continue to be composed as set forth in this article and the members will serve at the will and pleasure of the Governor.