Senate Bill No. 405

(By Senator Dalton)

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[Introduced March 18, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section four, 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 that retired police officers or retired firefighters be hired as directors of local emergency telephone systems; and providing for an oversight committee in each locality with a local emergency telephone system.

Be it enacted by the Legislature of West Virginia:
That section four, 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 withinits 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, firefighting, 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. 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.
(c) The primary emergency telephone number to the extent possible shall be uniform throughout the state.
(d) 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 stationequipment, 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) All coin-operated telephones within the state shall be 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.
(f) Every emergency telephone system shall employ a retired law enforcement officer or a retired firefighter as director of each emergency telephone system. The director shall hire necessary staff and conduct the day to day operations of the system. The public service commission shall ensure that an oversight committee is appointed within each community with an emergency telephone system. The oversight committee shall make recommendations to the director of the division of public safety, the county commission, the governing body of each municipality involved in a local emergency telephone system concerning the day to day operations of the system, needed changes in the system and support for necessary additional revenue. The director of thelocal emergency telephone system shall be a member of the oversight committee.



NOTE: The purpose of this bill is to require that local emergency telephone systems hire retired police officers or retired firefighters as directors of the system. The bill also requires an oversight committee be appointed to make recommendations for improving the system.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.