Senate Bill No. 734
(By Senator Sypolt (By Request))
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[Introduced March 23, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §7-17-12 of the Code of West
Virginia, 1931, as amended, relating to allowing the county
commission to impose a fire service fee at the request of
the local firefighters' association.
Be it enacted by the Legislature of West Virginia:
That §7-17-12 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 17. COUNTY FIRE BOARDS.
§7-17-12. County fire service fees; petition; election;
dedication; and increase.
Every county commission which provides fire protection
services has plenary power and authority to provide by ordinance
for the continuance or improvement of
such the service, to make
regulations with respect thereto and to impose by ordinance, upon
the users of
such the services, reasonable fire service rates,
fees and charges to be collected in the manner specified in the
ordinance. However, before a county commission can impose by
ordinance, upon the users of
such the service, a reasonable fire
service fee,
either ten percent of the qualified voters shall
present a petition duly signed by them in their own handwriting,
and filed with the clerk of the county commission directing that
the county commission impose such a fee
or the local firefighters
association must request the county commission to impose the fee.
The county commission
shall does not have a lien on any property
as security for payments due under the ordinance. Any ordinance
enacted under the provisions of this section shall be published
as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for
such the publication
shall be is the
county in which the county fire board is located. In the event
thirty percent of the qualified voters of the county by petition
duly signed by them in their own handwriting and filed with the
clerk of the county commission within forty-five days after the
expiration of
such the publication protest against such ordinance
as enacted or amended, the ordinance may not become effective
until it is ratified by a majority of the legal votes cast
thereon by the qualified voters of
such the county at any
primary, general or special election as the county commission
directs. Voting thereon may not take place until after notice of
the submission has been given by publication as above provided
for the publication of the ordinance after it is adopted. The powers and authority
hereby granted
under this section to county
commissions are in addition to and supplemental to the powers and
authority otherwise granted to them by other provisions of this
code.
Any fees imposed under this article are dedicated to the
county fire board for the purposes provided in this article.
In the event the county fire board determines an increase in
any
such fee imposed by this section is necessary, it shall by
resolution request the county commission for such an increase.
Procedures set forth in this section for the initial levy of such
a fee shall be followed by the county commission in the event an
increase is sought.
NOTE: The purpose of this bill is to allow the county
commission to impose a fire service fee at the request of the
local firefighters association.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.