H. B. 2525
(By Delegates Swartzmiller, Beach, Hrutkay,
Klempa, Pethtel, Ennis, Iaquinta, Hutchins,
Perry, Shook and DeLong)
[Introduced January 24, 2007; referred to the
Committee on Veterans Affairs and Homeland Security then
Government Organization.]
A BILL to amend and reenact §24E-1-11 of the Code of West Virginia,
1931, as amended, relating to extending the termination of the
West Virginia statewide addressing and mapping board from the
first day of April, two thousand seven, until the first day of
April, two thousand nine, by transferring duties of the board
to the Division of Homeland Security and Emergency Management;
providing for legislative and emergency rules for standards;
providing funding and interoperability; providing for
legislative and emergency rules for standard fees to be
charged by counties for digital or other maps, compilations or
other works; creating an advisory board to advise on matters
concerning a statewide addressing and mapping system; and,
establishing the composition and powers of the advisory board.
Be it enacted by the Legislature of West Virginia:
That §24E-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD.
§24E-1-11. Termination of board; transfer of duties and title to
works to counties and Public Service Commission;
legislative and emergency rules for standards;
legislative and emergency rules for standard fees to
be charged by counties for digital or other maps,
compilations or other works.
(a) The board shall terminate the first day of April, two
thousand
seven nine, pursuant to the provisions of article ten,
chapter four of this code, unless sooner terminated, continued or
reestablished pursuant to the provisions of that article. The
board shall, as its last official act prior to its termination,
transfer all right, title and interest to any maps, compilations or
other works that may be created as a result of the statewide
addressing and mapping intended to be accomplished by this article
to the respective county commissions.
(b) Upon the 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
Public Service Commission
Division of Homeland Security and Emergency Management of the
Department of Military Affairs and Public Safety under this
section.
(c)
Except as provided in subsection (b) of this section, upon
termination of the board, the
powers and duties of the board shall
be transferred to the Division of Homeland Security and Emergency
Management. Public Service Commission The division shall, from
time to time as it finds reasonable and in the public interest,
maintain and update the standards for statewide addressing and
mapping in accordance with the procedures for rule making under
section seven, article one, chapter twenty-four article three,
chapter twenty-nine-a of this code.
The division also may propose
rules for legislative approval under article three, chapter
twenty-nine-a of this code governing centralization and
interoperability of the county systems within the integrated
statewide addressing and mapping system, as well as such other
rules regarding the statewide addressing and mapping system as the
division may find reasonable and necessary to foster the public
safety. Emergency rules are expressly authorized for this purpose.
(d) The
Public Service Commission Division of Homeland
Security and Emergency Management is hereby authorized to prescribe
rules, in accordance with the procedures for rule making under
section seven, article one, chapter twenty-four article three,
chapter twenty-nine-a of this code and effective upon termination
of the board, for standard fees 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 to be accomplished by this article and to be maintained and updated by
the county commissions after the termination of the board. The
rules must include the exemptions provided under section nine of
this article. The fees established by the rules must be reasonable
and must, to the extent possible, be based on cost. The
Public
Service Commission division shall, from time to time as it finds
reasonable and in the public interest, revise and update these
rules, including, without limitation, the standard fees to be
charged.
(e) There is hereby created within the Division of Homeland
Security and Emergency Management, the statewide mapping and
addressing advisory board. The board is to be composed and
appointed in the same manner as the previous statewide addressing
and mapping board, except that members of the board shall serve at
the will and pleasure of the Governor. The division shall consult
with the advisory board prior to any proposed rule making under
this section.
NOTE: The purpose of this bill is to extend the termination
of the West Virginia statewide addressing and mapping board from
the first day of April, two thousand seven, until the first day of
April, two thousand nine, by transferring duties of the board to
the Division of Homeland Security and Emergency Management. The
bill also authorizes legislative and emergency rule-making. It
creates a statewide addressing and mapping system advisory board
and establishes the composition and powers of the board.
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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