H. B. 4217
(By Delegates Hamilton and Staggers)
[Introduced January 28, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-1-3cc of the Code of West Virginia,
1931, as amended, relating to requiring the West Virginia
Enhanced 911 Council to propose Emergency Medical Dispatch
procedures that shall be adopted forthwith as a uniform body
of procedures by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
Be it enacted by the Legislature of West Virginia:
That §7-1-3cc of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3cc. Authority of county commissions to establish enhanced
emergency telephone systems, technical and
operational standards for emergency communications
centers and standards for education and training of
emergency communications systems personnel; standards for alarm systems; fee upon consumers of telephone
service for the systems and for roadway conversion
systems; authority to contract with the telephone
companies for billing of fee.
(a) In addition to possessing the authority to establish an
emergency telephone system pursuant to section four, article six,
chapter twenty-four of this code, a county commission or the county
commissions of two or more counties may, instead, establish an
enhanced emergency telephone system or convert an existing system
to an enhanced emergency system. The establishment of
such a an
enhanced emergency telephone system
shall be is subject to
the
provisions of article six of
said chapter
twenty-four. The county
commission may adopt rules after receiving recommendations from the
West Virginia Enhanced 911 Council concerning the operation of all
county emergency communications centers or emergency telephone
systems centers in the state, including, but not limited to,
recommendations for:
(1) Minimum standards for emergency telephone systems and
emergency communications centers;
(2) Minimum standards for equipment used in any center
receiving telephone calls of an emergency nature and dispatching
emergency service providers in response to that call and which
receives 911 moneys or has basic 911 service funded through its
county commission; and
(3) Minimum standards for education and training of all
personnel in emergency communications centers.
(b) A county commission may impose a fee upon consumers of
local exchange service within that county for an enhanced emergency
telephone system and associated electronic equipment and for the
conversion of all rural routes to city-type addressing as provided
in section three of this article. The fee revenues may only be
used solely and directly for the capital, installation,
administration, operation and maintenance costs of the enhanced
emergency telephone system and of the conversion to city-type
addressing and including the reasonable costs associated with
establishing, equipping, furnishing, operating or maintaining a
county answering point.
Effective July 1, 2006, All county
enhanced emergency telephone system fees that are in effect as of
July 1, 2006, and as such may later be modified by action of a
county commission,
shall be are imposed upon in-state subscribers
to voice over Internet protocol (VoIP) service, as VoIP service is
defined by the Federal Communications Commission of the United
States. A nonbusiness VoIP service subscriber
shall be is
considered in-state if the primary residence of the subscriber is
located within West Virginia. A business subscriber
shall be
is considered in-state if the site at which the service is
primarily used is located within West Virginia. The Public Service
Commission may, as it deems appropriate and in accordance with the
requirements of due process, issue and enforce orders, as well as adopt and enforce rules, dealing with matters concerning the
imposition of county enhanced emergency telephone system fees upon
VoIP service subscribers.
(c) A county commission may contract with the telephone
company or companies providing local exchange service within the
county for the telephone company or companies to act as the billing
agent or agents of the county commission for the billing of the fee
imposed pursuant to subsection (b) of this section. The cost for
the billing agent services may be included as a recurring
maintenance cost of the enhanced emergency telephone system.
Where a county commission has contracted with a telephone
company to act as its billing agent for enhanced emergency
telephone system fees, all competing local exchange telephone
companies with customers in that county shall bill the enhanced
emergency telephone system fees to its respective customers located
in that county and shall remit the fee. It may deduct its
respective costs for billing in the same manner as the acting
billing agent for the enhanced emergency telephone system fee.
(d) A county commission of any county with an emergency
communications center or emergency telephone system may establish
standards for alarm systems, including security, fire and medical
alarms.
(e) The books and records of all county answering points that
benefit from the imposition of the local exchange service fees
shall be are subject to annual examination by the State Auditor's office.
(f) Notwithstanding any other provision in this code, the West
Virginia Enhanced 911 Council shall propose Emergency Medical
Dispatch procedures that shall be adopted forthwith as a uniform
body of procedures by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
NOTE: This bill requires the West Virginia Enhanced 911
Council to propose Emergency Medical Dispatch procedures that shall
be adopted by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
H. B. \
(By Delegates Hamilton and Staggers)
[Introduced ; referred to the
Committee on .]
A BILL to amend and reenact §7-1-3cc of the Code of West Virginia,
1931, as amended, relating to requiring the West Virginia
Enhanced 911 Council to propose Emergency Medical Dispatch
procedures that shall be adopted forthwith as a uniform body
of procedures by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
Be it enacted by the Legislature of West Virginia:
That §7-1-3cc of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3cc. Authority of county commissions to establish enhanced
emergency telephone systems, technical and operational
standards for emergency communications centers and standards
for education and training of emergency communications systems
personnel; standardsfor alarm systems; fee upon consumers of telephone service for the systems and for roadway conversion
systems; authority to contract with the telephone companies
for billing of fee.
(a) In addition to possessing the authority to establish an
emergency telephone system pursuant to section four, article six,
chapter twenty-four of this code, a county commission or the county
commissions of two or more counties may, instead, establish an
enhanced emergency telephone system or convert an existing system
to an enhanced emergency system. The establishment of such a an
enhanced emergency telephone system shall be is subject to the
provisions of article six of said chapter twenty-four. The county
commission may adopt rules after receiving recommendations from the
West Virginia Enhanced 911 Council concerning the operation of all
county emergency communications centers or emergency telephone
systems centers in the state, including, but not limited to,
recommendations for:
(1) Minimum standards for emergency telephone systems and
emergency communications centers;
(2) Minimum standards for equipment used in any center
receiving telephone calls of an emergency nature and dispatching
emergency service providers in response to that call and which
receives 911 moneys or has basic 911 service funded through its
county commission; and(3) Minimum standards for education and
training of all personnel in emergency communications centers.
(b) A county commission may impose a fee upon consumers of
local exchange service within that county for an enhanced emergency
telephone system and associated electronic equipment and for the
conversion of all rural routes to city-type addressing as provided
in section three of this article. The fee revenues may only be
used solely and directly for the capital, installation,
administration, operation and maintenance costs of the enhanced
emergency telephone system and of the conversion to city-type
addressing and including the reasonable costs associated with
establishing, equipping, furnishing, operating or maintaining a
county answering point. Effective July 1, 2006, All county
enhanced emergency telephone system fees that are in effect as of
July 1, 2006, and as such may later be modified by action of a
county commission, shall be are imposed upon in-state subscribers
to voice over Internet protocol (VoIP) service, as VoIP service is
defined by the Federal Communications Commission of the United
States. A nonbusiness VoIP service subscriber shall be is
considered in-state if the primary residence of the subscriber is
located within West Virginia. A business subscriber shall be
is considered in-state if the site at which the service is
primarily used is located within West Virginia. The Public Service
Commission may, as it deems appropriate and in accordance with the
requirements of due process, issue and enforce orders, as well
asadopt and enforce rules, dealing with matters concerning the
imposition of county enhanced emergency telephone system fees upon VoIP service subscribers.
(c) A county commission may contract with the telephone
company or companies providing local exchange service within the
county for the telephone company or companies to act as the billing
agent or agents of the county commission for the billing of the fee
imposed pursuant to subsection (b) of this section. The cost for
the billing agent services may be included as a recurring
maintenance cost of the enhanced emergency telephone system.
Where a county commission has contracted with a telephone
company to act as its billing agent for enhanced emergency
telephone system fees, all competing local exchange telephone
companies with customers in that county shall bill the enhanced
emergency telephone system fees to its respective customers located
in that county and shall remit the fee. It may deduct its
respective costs for billing in the same manner as the acting
billing agent for the enhanced emergency telephone system fee.
(d) A county commission of any county with an emergency
communications center or emergency telephone system may establish
standards for alarm systems, including security, fire and medical
alarms.
(e) The books and records of all county answering points that
benefit from the imposition of the local exchange service fees
shall be are subject to annual examination by the State
Auditor'soffice.
(f) Notwithstanding any other provision in this code, the West
Virginia Enhanced 911 Council shall propose Emergency Medical
Dispatch procedures that shall be adopted forthwith as a uniform
body of procedures by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
NOTE: This bill requires the West Virginia Enhanced 911
Council to propose Emergency Medical Dispatch procedures that shall
be adopted by all fifty-five county commissions and their
respective 911 call centers within West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.