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.