
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2329
(By Delegates Trump, Michael, Faircloth and Pethtel)
[Passed April 14, 2001; in effect ninety days from passage.]
A
N ACT 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;
permitting 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, and subjecting the county
answering points' books and records to an annual examination
by the state auditors office
.
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. The fee is to be used solely and
directly 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
reasonable
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 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
the billing agent services may be included as a recurring
maintenance cost of the enhanced emergency telephone system.





Where a county commission has contracted with a telephone
company to act as its billing agent for enhanced emergency
telephone system fees, all competing local exchange telephone
companies with customers in that county shall bill the enhanced
emergency telephone system fees to its respective customers located
in that county, and shall remit the fee. It may deduct its
respective costs for billing in the same manner as the acting
billing agent for the enhanced emergency telephone system fee.





(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.





(e) The books and records of all county answering points that benefit from the imposition of the local exchange service fees
shall be subject to annual examination by the state auditor's
office.