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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2525
(By Delegates Swartzmiller, Beach, Hrutkay, Klempa, Pethtel,
Ennis, Iaquinta, Hutchins, Perry, Shook and DeLong)
[Passed March 10, 2007; in effect from passage.]
AN ACT 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) 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) A Commissioner of the Public Service Commission or his or
her designee
;
(3) An official or employee of the State Geological and
Economic Survey, qualified in the field of geographic information
systems;
(4) An official or employee of the Division of Highways;
(5) A county commissioner;
(6) A county assessor;
(7) A mayor of a municipality or a municipal official;
(8) 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) 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) A representative of a local exchange telephone company;
and
(11) A member of the public at-large 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 and continued under the provisions of this article.
(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.
(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 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. Upon final termination, the board shall transfer all
its right, title and interest to any maps, compilations or other
works that it created as a result of the statewide addressing and
mapping to the respective county commissions.
(b) Upon 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 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.
(d) 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 effective only upon the final termination of the
board. 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, subject to the exemptions provided under
section nine of this article;
(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.
(e) 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.