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Introduced Version House Bill 2597 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2597


(By Delegates Duke, Blair and Overington)
[Introduced January 6, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]




A BILL to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as amended, relating to making 911 emergency fees available to be used for both emergency and nonemergency calls.

Be it enacted by the Legislature of West Virginia:
That §24-6-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-2. Definitions.

As used in this article, unless the context clearly requires a different meaning:
(1) "Commercial mobile radio service provider" or "CMRS provider" means cellular licensees, broadband personal communications services (PCS) licensees and specialized mobile radio (SMR) providers, as those terms are defined by the Federal Communications Commission, which offer on a post-paid or prepaid basis or via a combination of those two methods, real-time, two-way switched voice service that is interconnected with the public switched network and includes resellers of any commercial mobile radio service.
(2) "County answering point" means a facility to which enhanced emergency telephone system calls for a county are initially routed for response and where county personnel respond to specific requests for emergency or nonemergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider or transferring the call to the appropriate provider.
(3) "Emergency services organization" means the organization established under article five, chapter fifteen of this code.
(4) "Emergency service provider" means any emergency services organization or public safety unit.
(5) "Emergency telephone system" means a telephone system which through normal telephone service facilities automatically connects a person dialing the primary emergency telephone number to an established public agency answering point, but does not include an enhanced emergency telephone system.
(6) "Enhanced emergency telephone system" means a telephone system which automatically connects the person dialing the primary emergency number to the county answering point and in which the telephone network system automatically provides to personnel receiving the call, immediately on answering the call, information on the location and the telephone number from which the call is being made and, upon direction from the personnel receiving the call, routes or dispatches the call by telephone, radio or any other appropriate means of communication to emergency service providers that serve the location from which the call is made.
(7) "Prepaid wireless calling service" means prepaid wireless calling service as defined in section two, article fifteen, chapter eleven of this code.
(8) "Public agency" means the state and any municipality, county, public district or public authority which provides or has authority to provide fire fighting, police, ambulance, medical, rescue or other emergency services.
(9) "Public safety unit" means a functional division of a public agency which provides fire fighting, police, medical, rescue or other emergency services.
(10) "Telephone company" means any public utility and any CMRS provider which is engaged in the provision of telephone service whether primarily by means of wire or wireless facilities.
(11) "Comprehensive plan" means a plan pertaining to the installing, modifying or replacing of telephone switching equipment; a telephone utility's response in a timely manner to requests for emergency telephone service by a public agency; a telephone utility's responsibility to report to the Public Service Commission; charges and tariffs for the services and facilities provided by a telephone utility; and access to an emergency telephone system by emergency service organizations.
(12) "Technical and operational standards" means those standards of telephone equipment and processes necessary for the implementation of the comprehensive plan as defined in subdivision (11) of this subsection.

NOTE: The purpose of this bill is to alter the definition of
"county answering point" to mean a facility to which enhanced emergency telephone system calls for a county are initially routed for response, and where county personnel respond to specific requests for emergency or nonemergency service. This would ensure that county personnel at county answering points also respond to specific requests for nonemergency services (i.e., all calls relating to ambulance, fire, police and emergency services) through the enhanced emergency telephone system. This, in turn, would permit funding of both emergency and nonemergency calls from 911 fees, saving counties money

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