H. B. 4507
(By Delegates Modesitt (By Request) and Azinger (By Request))
[Introduced February 11, 2000; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section two, article six, chapter
twenty-four of the code of West Virginia, one thousand, nine
hundred thirty-one, as amended; and to further amend said
article, by adding thereto a new section, designated section
twelve, all relating to local emergency telephone systems;
providing for the rotation or the alternating of requests for
dispatching emergency towing services; and qualifications to
operate a wrecker service.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter twenty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that article six be further amended by adding thereto a new section, designated section twelve, all to
read as follows:
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Commercial mobile radio service provider" or "CMRS
provider", means cellular licensees, broadband personal
communications services (PCS) licensees, and specialized mobile
radio (SMR) providers, as those terms are defined by the federal
communication commission, which offer real-time, two-way switched
voice service that is interconnected with the public switched
network, and includes resellers of any commercial mobile radio
(2) "County answering point" means a facility to which
enhanced emergency telephone system calls for a county are
initially routed for response, and where county personnel respond
to specific requests for emergency service by directly dispatching
the appropriate emergency service provider, relaying a message to
the appropriate provider or transferring the call to the
(3) "Emergency services organization" means the organization
established under article five, chapter fifteen of this code.
(4) "Emergency service provider" means any emergency services
organization or public safety unit.
(5) "Emergency telephone system" means a telephone system
which through normal telephone service facilities automatically
connects a person dialing the primary emergency telephone number to
an established public agency answering point, but does not include
an enhanced emergency telephone system.
(6) "Enhanced emergency telephone system" means a telephone
system which automatically connects the person dialing the primary
emergency number to the county answering point and in which the
telephone network system automatically provides to personnel
receiving the call, immediately on answering the call, information
on the location and the telephone number from which the call is
being made, and upon direction from the personnel receiving the
call routes or dispatches the call by telephone, radio or any other
appropriate means of communication to emergency service providers
that serve the location from which the call is made.
(7) "Public agency" means the state, and any municipality,
county, public district or public authority which provides or has authority to provide fire fighting, police, ambulance, medical,
rescue or other emergency services.
(8) "Public safety unit" means a functional division of a
public agency which provides fire fighting, police, medical, rescue
or other emergency services.
(9) "Telephone company" means any public utility and any CMRS
provider, which is engaged in the provision of telephone service
whether primarily by means of wire or wireless facilities.
(10) "Comprehensive plan" means a plan pertaining to the
installing, modifying or replacing of telephone switching
equipment; a telephone utility's response in a timely manner to
requests for emergency telephone service by a public agency; a
telephone utility's responsibility to report to the public service
commission; charges and tariffs for the services and facilities
provided by a telephone utility; and access to an emergency
telephone system by emergency service organizations.
(11) "Technical and operational standards" means those
standards of telephone equipment and processes necessary for the
implementation of the comprehensive plan as defined in subdivision
(10) of this subsection.
(12) "Certified towing training" means a nationally recognized towing training program such as: TRAA, Wreckmaster, University of
Georgia Towing Program, Ross Kinman Schools and Joe Scroga & Tom
(13) "Secure storage" means a parcel of real estate with an
enclosed building encircled by an eight foot high fence, in
accordance with the department of highways code.
(14) "Regular business hours" means having regular business
hours from Monday through Friday from 8:00a.m. to 5:00 p.m.
(15) "Special equipment" means: Heavy duty wrecker, Landoll
trailers, fork lifts, air bags, mat jacks, fuel spill containment,
banding equipment, cut-off saws and a labor force sufficient to
handle cleanup of an incident scene.
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-12. Rotating dispatch for emergency service required;
qualified towing service.
(a) All public safety units and public agencies that have an
emergency telephone system or an enhanced emergency telephone
system shall maintain a list of qualified towing services in their
county of operation as registered with the public service
commission, and from that list all requests for emergency towing
service shall be assigned among those services solely upon a rotating basis: Provided, That in the event the emergency
situation requires special equipment not provided by the towing
service first called, then the dispatcher shall continue calling in
rotation until a qualified towing service is reached which
possesses the special equipment needed.
(b) "A qualified towing service" must meet the following
minimum requirements: Be registered as a common carrier with the
public service commission; all drivers shall have had certified
towing training; have towing service insurance of $1,000,000; all
equipment must have been inspected and approved; the service must
provide twenty-four hour, seven-day service; must have a secure
area with regular business hours; must have a business license; and
must provide workers' compensation coverage to all drivers.
NOTE: The purpose of this bill is to provide expeditious, fair
and qualified emergency towing service to the public.
§24-6-12 is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new law that would be