H. B. 2792
(By Delegate Smirl)
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[Introduced March 27, 1997; referred to the Committee
Political Subdivisions then the Judiciary.]
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A BILL to amend and reenact section twelve, article seventeen,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to fire
service fees for counties; and preventing counties from
assessing the citizens of municipalities a fire service fee
when the municipality has already enacted such a fee.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seventeen, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 17. COUNTY FIRE BOARDS.
§7-17-12. County fire service fees; petition; election; dedication; and increase.
Every county commission which provides fire protection services has plenary power and authority to provide by ordinance
for the continuance or improvement of such service, to make
regulations with respect thereto and to impose by ordinance,
upon the users of such services, reasonable fire service rates,
fees and charges to be collected in the manner specified in the
ordinance. However, before a county commission can impose by
ordinance, upon the users of such service, a reasonable fire
service fee, ten percent of the qualified voters shall 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 shall
not have 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
such publication shall be the county in which the county fire
board is located. 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 such ordinance as enacted or amended, the
ordinance may not become effective until it is ratified by a
majority of the legal votes cast thereon by the qualified voters of such county at any primary, general or special election as
the county commission directs. Voting thereon may not take place
until after notice of the submission has been given by
publication as above provided 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 article are dedicated to the
county fire board for the purposes provided in this article.
In the event the county fire board determines an increase in
any such fee imposed by this section is necessary, it shall by
resolution request the county commission for such an increase.
Procedures set forth in this section for the initial levy of such
a fee shall be followed by the county commission in the event an
increase is sought.
Any fire service fee enacted pursuant to the provisions of
this section may not be assessed on the citizens of a
municipality which lies within the county: Provided, That the
citizens of such municipality have already been assessed a
municipal fire service fee pursuant to the provisions of section
thirteen, article thirteen, chapter eight of the code: Provided,
however, That in the event that a municipality which lies in two or more counties has not enacted a fire service fee and the
county in which part of the municipality lies has enacted a fire
service fee pursuant to the provisions of this section, then the
citizens of the municipality shall be assessed the fire service
fee enacted by the county in which that portion of the
municipality lies.
NOTE: The purpose of this bill is to provide a waiver of
county fire service fees for municipalities which have enacted
fire service fees and the manner of assessment for municipalities
that lie in two or more counties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.