H. B. 2942
(By Delegates Trump, Staton, Blair, Browning and Duke)
[Introduced
March 8, 2005
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §7-1-3cc of the Code of West Virginia,
1931, as amended, relating to authorizing counties to impose,
as an alternative to 911 fees on local exchange telephone
lines, a 911 service fee on owners of real estate.
Be it enacted by the Legislature of West Virginia:
That §7-1-3cc
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3cc. Authority of county commissions to establish enhanced
emergency telephone systems, technical and
operational standards for emergency communications
centers, and standards for education and training of
emergency communications systems personnel; standards
for alarm systems; fee upon consumers of telephone
service for the systems and for roadway conversion
systems; authority to contract with the telephone
companies for billing of fee
; 911 fees; petition; election; dedication; and increase.
(a) In addition to possessing the authority to establish an
emergency telephone system pursuant to section four, article six,
chapter twenty-four of this code, a county commission or the county
commissions of two or more counties may, instead, establish an
enhanced emergency telephone system or convert an existing system
to an enhanced emergency system. The establishment of such a
system shall be subject to the provisions of article six of said
chapter. The county commission may adopt rules after receiving
recommendations from the West Virginia enhanced 911 council
concerning the operation of all county emergency communications
centers or emergency telephone systems centers in the state,
including, but not limited to, recommendations for:
(1) Minimum standards for emergency telephone systems and
emergency communications centers;
(2) Minimum standards for equipment used in any center
receiving telephone calls of an emergency nature and dispatching
emergency service providers in response to that call and which
receives 911 moneys or has basic 911 service funded through its
county commission; and
(3) Minimum standards for education and training of all
personnel in emergency communications centers.
(b) A county commission may impose a fee upon consumers of
local exchange service within that county for an enhanced emergency
telephone system and associated electronic equipment and for the
conversion of all rural routes to city-type addressing, as provided in section three of this article. The fee is to be used solely and
directly for the capital, installation, administration, operation
and maintenance costs of the enhanced emergency telephone system
and of the conversion to city-type addressing and including the
reasonable costs associated with establishing, equipping,
furnishing, operating or maintaining a county answering point.
(c) A county commission may contract with the telephone
company or companies providing local exchange service within the
county for the telephone company or companies to act as the billing
agent or agents of the county commission for the billing of the fee
imposed pursuant to subsection (b) of this section. The cost for
the billing agent services may be included as a recurring
maintenance cost of the enhanced emergency telephone system.
Where a county commission has contracted with a telephone
company to act as its billing agent for enhanced emergency
telephone system fees, all competing local exchange telephone
companies with customers in that county shall bill the enhanced
emergency telephone system fees to its respective customers located
in that county, and shall remit the fee. It may deduct its
respective costs for billing in the same manner as the acting
billing agent for the enhanced emergency telephone system fee.
(d) A county commission of any county with an emergency
communications center or emergency telephone system may establish
standards for alarm systems, including security, fire and medical
alarms.
(e) The books and records of all county answering points that benefit from the imposition of the local exchange service fees
shall be subject to annual examination by the State Auditor's
Office.
(f) Every county commission which provides 911 emergency
services may, as an alternative to 911 fees on local exchange
lines, impose, by ordinance, upon the owners of real estate in the
county, reasonable 911 emergency service rates, fees and charges to
be collected in the manner specified in the ordinance for the
continuance or improvement of the 911 emergency service. However,
before a county commission can impose by ordinance, upon the owners
of real estate in the county, a reasonable 911 emergency service
fee, ten percent of the qualified voters must present a petition
duly signed by them in their own handwriting, and filed with the
clerk of the county commission directing that the county commission
impose such a fee. The county commission may not impose a lien on
any property as security for payments due under the ordinance. Any
ordinance enacted under the provisions of this section shall be
published as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for the publication is county-wide. In the
event thirty percent of the qualified voters of the county, by
petition duly signed by them in their own handwriting and filed
with the clerk of the county commission within forty-five days
after the expiration of such publication, protest against the
ordinance as enacted or amended, the ordinance may not become
effective until it is ratified by a majority of the legal votes cast in the county at any primary, general or special election as
the county commission may direct. Voting may not take place until
after notice of the submission has been given by publication as
provided in this subsection for the publication of the ordinance
after it is adopted. The powers and authority hereby granted to
county commissions are in addition to and supplemental to the
powers and authority otherwise granted to them by other provisions
of this code.
Any fees imposed under this subsection must be dedicated to
the county enhanced emergency telephone system.
In the event the county commission determines an increase in
the fee authorized by this subsection is necessary, it must approve
the increase by majority vote. Procedures set forth in this
section for the initial levy of the fee must be followed by the
county commission in the event any increase is sought.
NOTE: The purpose of this bill is to
authorize counties to
impose, as an alternative to 911 fees on local exchange telephone
lines, a 911 service fee on owners of real estate.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
