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.