SENATE CONCURRENT RESOLUTION NO. 51

(By Senators Love, Sharpe, Prezioso, Ross, Facemyer,

Helmick, Edgell, Fanning, Minard, Bailey, Mitchell, Boley, Kessler, Anderson, Oliverio, McKenzie, Sprouse, Caldwell, Rowe, Hunter, Burnette, Redd, Chafin, Minear, Bowman, McCabe, Jackson, Craigo, Plymale, Deem, Unger and Tomblin, Mr. President)

Requesting the Joint Committee on Government and Finance study 911 cellular emergency service in the state to ensure its proper implementation.

Whereas, In 1997, the Legislature enacted Enrolled Committee Substitute for Senate Bill No. 278 which created a tax on cellular phones for the purpose of enhancing 911 cellular emergency service in the state; and
Whereas, Since the bill became effective, the Public Service Commission has collect $8.7 million as a result of the tax and has disbursed these funds throughout West Virginia's fifty-five counties; and
Whereas, There are areas of the state which are still without repeaters or transponders to relay the emergency calls to county 911 units which places our citizens at risk and in danger; and
Whereas, The residents of these areas are paying for a 911 cellular emergency service that is not being provided; and
Whereas, There should be an accounting of the funds that have been disbursed to counties by the Public Service Commission in order to ensure that the funds are being expended for the purpose for which they were intended; and
Whereas, The possibility of legislative rules should be considered in order for the Public Service Commission to ensure that all of the citizens of West Virginia who are being assessed the enhanced 911 cellular emergency service tax are receiving the service as intended; and
Whereas, The possibility of legislative rules should be considered in order for the Public Service Commission to ensure that the appropriate repeaters and transponders be placed in all areas of West Virginia that are not now presently covered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study 911 cellular emergency service in the state; and, be it
Further Resolved, That the study should have a full accounting of the funds expended to counties by the Public Service Commission intended for the enhanced 911 cellular emergency service; and, be it
Further Resolved, That the study should include the consideration of legislative rules in order for the Public Service Commission to ensure that enhanced 911 cellular service is made available to every citizens of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2002, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.