H. B. 4723
(By Delegates Trump, Michael and Faircloth)
[Introduced February 25, 2000; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section three-cc, article one,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to enhanced
emergency telephone systems established by county
commissions; allowing the fee imposed upon consumers of
local exchange service within the county for an enhanced
emergency telephone system to be used for any administration
and operation costs associated with the system.
Be it enacted by the Legislature of West Virginia:
That section three-cc, article one, 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 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.
(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. Such
The fee shall may be used 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 county shall reduce such fee when
the capital and installation costs have been fully recovered to
the level necessary to offset recurring maintenance and
dispatcher costs only. No such fee may be used for the 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 such 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 such the billing agent services may be included as
a recurring maintenance cost of the enhanced emergency telephone
system.
(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.
NOTE: The purpose of this bill is to allow fees charged to
consumers of local telephone exchange service for enhanced
emergency telephone systems within the counties to be used for
any administrative and operation costs associated with the
systems.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.