H. B. 2329


(By Delegates Trump, Michael, Faircloth and Pethtel)

[Introduced February 19, 2001 ; referred to the

Committee on Political Subdivisions then the Judiciary.]





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.