WEST virginia Legislature

2019 regular session

Introduced

Senate Bill 532

By Senator Maynard

[Introduced February 5, 2019; Referred
to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization]

A BILL to amend and reenact §24-6-12 of the Code of West Virginia, 1931, as amended, relating to requiring emergency service organizations to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services within an area currently served by an organization are dispatched on a rotating basis; requiring the West Virginia State Police to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services are dispatched on a rotating basis; requiring a municipality, when handling towing services, to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services are dispatched on a rotating basis; continuing the Public Service Commission’s jurisdiction over the towing service providers themselves; prohibiting the State Police and municipalities from imposing their own rules, policies, or ordinances; and defining a term.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.

§24-6-12. Dispatching of towing services for emergency towing of vehicles; districts; policy; exceptions; prohibitions.

(a) Every three years, the county commission of each county or the municipality operating an emergency telephone system or an enhanced emergency telephone system shall, in consultation with all public safety units, public agencies and all available towing services registered as common carriers pursuant to the provisions of chapter twenty-four-a of this code, establish a policy that provides for the most prompt, fair, equitable and effective response to requests or dispatches for emergency towing services

(a) Emergency service organizations shall:

(1) Establish individual districts or zones that cover and include all emergency telephone systems and enhanced emergency telephone systems within the state whereby all available towing services located within the newly created districts or zones may be dispatched when the need arises; or

(2) Establish a policy requiring eligible towing services within the area currently being served by an emergency service organization be dispatched on a rotating basis, where required.

(b) “Emergency service organization” means the organization established under §15-5-1 et seq. of this code.

(c) The West Virginia State Police shall:

(1) Establish individual districts or zones that cover and include all emergency telephone systems and enhanced emergency telephone systems within the state whereby all available towing services located within the newly created districts or zones may be dispatched when the need arises; or

(2) Establish a policy requiring eligible towing services within the area be dispatched on a rotating basis, where required.

(d) When a municipality handles towing services it shall:

(1) Establish individual districts or zones that cover and include all emergency telephone systems and enhanced emergency telephone systems within the state whereby all available towing services located within the newly created districts or zones may be dispatched when the need arises; or

(2) Establish a policy requiring eligible towing services within the area be dispatched on a rotating basis, where required.

(b) (e) For each incident where towing services are required, the public agency procuring towing services shall maintain a public record of the name of the towing service utilized.

(f) The Public Service Commission continues to have the sole power, authority, and duty to supervise and regulate all available towing services registered as common carriers pursuant to §24A-1-1 et seq. of this code. Municipalities, counties and the State Police may not impose any rule, ordinance or policy in an attempt to regulate towing services in this regard.

NOTE: The purpose of this bill is to require emergency service organizations to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services within an area currently served by an organization are dispatched on a rotating basis. The bill requires the State Police to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services within an area are dispatched on a rotating basis. When a municipality handles towing services the bill requires it to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services within an area are dispatched on a rotating basis. The bill continues the Public Service Commission’s jurisdiction over the towing service providers themselves and prohibits the State Police and municipalities from imposing their own rules, policies or ordinances. The bill defines a term.

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