H. B. 3221


(By Delegate Poling (By Request))
[Introduced March 30, 2001; referred to the
Committee on Political Subdivisions then the Judiciary.]




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 raising from ten to fifteen percent the percentage of voters who must petition the county commission for a fire service fee to be chargeable against property; lowering from thirty to fifteen percent the percentage of voters who must petition the county commission in order to place the issue on a ballot; and increasing from forty-five to sixty the number of days within which a petition may be filed.

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 the service, to make regulations with respect thereto and to impose by ordinance, upon the users of such the 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 the service, a reasonable fire service fee, ten fifteen 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 may 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 the publication shall be the county in which the county fire board is located. In the event thirty fifteen percent of the qualified voters of the county request the county commission to place the issue on a ballot, by petition duly signed by them in their own handwriting and filed with the clerk of the county commission within forty-five sixty days after the expiration of such the 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 the 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.



NOTE: The purpose of this bill is to make equal the percentage of voters required to petition the county commission for the imposition of a fire service fee and the percentage of voters required to petition the county commission to place the issue before the voters. It also makes the time allowed to file petitions more reasonable.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.