Committee Substitute
House Bill 2525 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2525
(By Delegates Swartzmiller, Beach, Hrutkay, Klempa, Pethtel,
Ennis, Iaquinta, Hutchins, Perry, Shook and DeLong)
[Originating in the Committee on Government Organization.]
(February 20, 2007)
A Bill to amend and reenact º24E-1-3 and º24E-1-11 of the Code of
West Virginia, 1931, as amended, all relating to the statewide
addressing and mapping board; clarifying board composition;
extending board members' terms; establishing powers and
duties; providing for legal counsel; providing the division
with rule-making and emergency rule-making authority;
requiring the board to share information; extending the
termination of the board; providing for the transfer of the
powers and duties of the board to the division of homeland
security and emergency management.
Be it enacted by the Legislature of West Virginia:
That §24E-1-3 and §24E-1-11 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD.
§24E-1-3. West Virginia statewide addressing and mapping board;
term of office; compensation and expenses of board
members; transfer of data; legal counsel.
(a) There is hereby created The West Virginia statewide
addressing and mapping board is hereby continued.
(b) Commencing on the first day of July, two thousand seven,
the board is to be composed of eleven members appointed by the
Governor as follows:
(1) The Secretary of the Department of Military Affairs and
Public Safety or his or her designee
, shall serve as chairperson of
the board;
(2) one of whom is to be a A Commissioner of the Public
Service Commissioner Commission or a member of the staff of the
public service commission his or her designee
;
(3) one of whom is to be An official or employee of the State
Geological and Economic Survey, established and continued under
section four, article two, chapter twenty-nine of this code,
qualified in the field of geographic information systems;
one of
whom is to be an official or employee of the department of military
affairs and public safety
(4) one of whom is to be a An official or employee of the
Division of Highways;
(5) one of whom is to be a A county commissioner;
(6) one of whom is to be a A county assessor;
(7) one of whom is to be a A mayor of a municipality or a municipal official;
(8) one of whom is to be A director of an enhanced emergency
telephone system from a county with a population of thirty thousand
or less as shown by the last federal census;
(9) one of whom is to be A director of an enhanced emergency
telephone system from a county with a population of greater than
thirty thousand as shown by the last federal census;
(10) one of whom is to be A representative of a local exchange
telephone company; and
(11) one of whom is to be A member of the public at-large but
that may be affiliated with any of the above entities.
(c) In making appointments to the board, the Governor shall,
to the extent possible, ensure representation on the board, by one
or more members, of any entity providing twenty-five percent or
more of funding to the statewide addressing and mapping fund
created by section five and continued under the provisions of this
article.
(b) The governor shall designate a member to preside at the
first meeting of the board until a chairman is elected. At the
first meeting of the board, it shall elect a chairman from its
members. The member so elected is to hold the office of chairman
at the will and pleasure of the majority of the total membership of
the board.
(c) The public service commission, the director of the state geological and economic survey, the secretary of the department of
military affairs and public safety, the commissioner of the
division of highways, the association of counties, the West
Virginia county commissioners' association and the West Virginia
municipal league, the West Virginia enhanced 911 council and each
local exchange telephone company shall submit two names of
recommended persons to the governor for each appointment
representing its respective discipline. The governor is not
limited in his or her appointments, however, to the names so
recommended.
(d) The term of office for members of the board is six years.
(d) Any member serving on the board on the first day of
January, two thousand seven, shall continue to serve until the
first day of July, two thousand ten, or until replaced by the
Governor.
(e) Members of the board are entitled to the same expense
reimbursement paid to members of the Legislature for their interim
duties as recommended by the citizens legislative compensation
commission and authorized by law for each day or substantial
portion thereof engaged in the performance of official duties.
Their expense reimbursement is to be paid from the West Virginia
statewide addressing and mapping fund. created by section five of
this article.
(f) On or before the first day of July, two thousand seven, the board, or a subcommittee of the board, will commence meetings
to develop a plan to transfer a backup copy of the aerial map
database, and to periodically transfer updated entries to the
database to the Rahall Appalachian Transportation Institute, it
shall make all nonsensitive data available to state agencies on
request.
(g) On or before the first day of December, two thousand
seven, and each year thereafter until its final termination and
transfer to the Division of Homeland Security and Emergency
Management, the board shall report to
the Division of Homeland
Security and Emergency Management as to its transfer of data to the
Rahall Appalachian Transportation Institute.
(h) Commencing on the first day of July, two thousand seven,
the board will utilize legal counsel approved by the Secretary of
the Department of Military Affairs and Public Safety and the board
shall pay any costs associated with legal counsel.
§24E-1-11. Termination of board; transfer of duties and title;
legislative and emergency rules; advisory board.
(a) The board shall terminate on the first day of July, two
thousand seven nine, after which it shall have one year to wind up
its affairs pursuant to the provisions of article ten, chapter four
of this code. unless sooner terminated, continued or reestablished
pursuant to the provisions of that article. Upon final
termination, the board shall as its last official act prior to its termination transfer all its right, title and interest to any maps,
compilations or other works that may be it created as a result of
the statewide addressing and mapping intended to be accomplished by
this article to the respective county commissions.
(b) Upon the final termination of the board, county
commissions shall maintain and update the addressing and mapping
systems within their respective jurisdictions under the standards
established by the board, as updated thereafter by the public
service commission Division of Homeland Security and Emergency
Management of the Department of Military Affairs and Public Safety
under this section, and shall supply the updated information to the
division in the format it establishes through its rule making
authority.
(c) Except as provided in subsection (b) of this section, upon
final termination of the board, the powers and duties of the board
shall be transferred to the Division of Homeland Security and
Emergency Management.
(c) Upon termination of the board, the public service
commission shall, from time to time as it finds reasonable and in
the public interest, maintain and update the standards for
statewide addressing and mapping in accordance with the procedures
for rulemaking under section seven, article one, chapter
twenty-four of this code.
(d) The public service commission is hereby authorized to prescribe rules, in accordance with the procedures for rulemaking
under section seven, article one, chapter twenty-four of this code
Prior to the final termination of the board, the division may
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
which shall become and effective only upon the final termination of
the board. for The rules shall:
(1) Maintain and update the standards for statewide addressing
and mapping;
(2) Establish standard reasonable fees, based on cost, to be
charged by county commissions for copies or use of any maps,
compilations or other works created as a result of the statewide
addressing and mapping, to be accomplished by this article and to
be maintained and updated by the county commissions after the
termination of the board. The rules must include subject to the
exemptions provided under section nine of this article; The fees
established by the rules must be reasonable and must, to the extent
possible, be based on cost. The public service commission shall,
from time to time as it finds reasonable and in the public
interest, revise and update these rules, including, without
limitation, the standard fees to be charged.
(3) Govern centralization and interoperability of the county
systems within the integrated statewide addressing and mapping
system; and
(4) Ensure the public safety in any manner the division
considers advisable.
(g) Upon final termination of the board, the division may
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code for
the purposes set forth in this article.
(f) Upon final termination of the board, the division may
promulgate emergency rules pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code.
(g) Rules in effect as of the reenactment of this article
during the two thousand seven regular session will remain in effect
until amended, modified, repealed or replaced pursuant to this
article.
(h) Effective the first day of July, two thousand ten, the
statewide addressing and mapping board shall become an advisory
board within the Division of Homeland Security and Emergency
Management and will continue to be composed as set forth in this
article and the members will serve at the will and pleasure of the
Governor.
"
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