ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2744
(By Delegates Trump and Faircloth)
[Passed March 12, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact sections ten and seventeen, article
fifteen, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to the powers and duties of emergency ambulance service
authorities; and special emergency ambulance service fees
imposed by county commissions and the ability of ambulance
authorities and companies to transport nonemergency users.
Be it enacted by the Legislature of West Virginia:
That sections ten and seventeen, article fifteen, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 15. EMERGENCY AMBULANCE SERVICE ACT OF 1975.
§7-15-10. Powers and duties of authorities generally.
Each authority is hereby given the power:
(a) To sue and be sued, implead and be impleaded;
(b) To have and use a seal and alter the same at pleasure;
(c) To make and adopt all rules and regulations and bylaws
as may be necessary or desirable to enable it to exercise the
powers and perform the duties conferred or imposed upon it by the
provisions of this article;
(d) To provide emergency ambulance service, maintain and
operate such service, and employ, in its discretion, planning
consultants, attorneys, accountants, superintendents, managers
and such other employees and agents as may be necessary in its
judgment and fix their compensation;
(e) To acquire by grant, purchase, gift, devise or lease and
to hold, use, sell, lease or otherwise dispose of real and
personal property of every kind and nature whatsoever, licenses,
franchises, rights and interests necessary for the full exercise
of its powers pursuant to the provisions of this article or which
may be convenient or useful for the carrying out of such powers;
(f) To enter into contracts and agreements which are
necessary, convenient or useful to carry out the purposes of this
article with any person, public corporation, state or any agency
or political subdivision thereof and the federal government and
any department or agency thereof, including, without limitation,
contracts and agreements for the joint use of any property and
rights by the authority and any person or authority operating any
system, whether within or without the service area of the
authority, and contracts and agreements with any person or
authority for the maintenance, servicing, storage, operation or use of any system or part thereof, facility or equipment on such
basis as shall seem proper to its board;
(g) To enter into contracts and agreements for
superintendence and management services with any person, who has
executive personnel with experience and skill applicable to the
superintendence and management of any system, for the furnishing
of its services and the services of experienced and qualified
personnel for the superintendence and management of any system or
any part thereof, including, without limitation, superintendence
over personnel, purchases, properties and operations and all
matters relating thereto, and any revenue bond trust indenture
may require such contract or agreement, but the personnel whose
services are to be so furnished under any such contract or
agreement shall not include any member of the board, any member
of the immediate family of a member of the board or any agents or
employees of the authority;
(h) To execute security agreements, contracts, leases,
equipment trust certificates and any other forms of contract or
agreement, granting or creating a lien, security interest,
encumbrance or other security in, on or to facilities and
equipment, containing such terms and provisions as the board
considers necessary;
(i) To apply for, receive and use grants, grants-in-aid,
donations and contributions from any source or sources,
including, but not limited to, the federal government and any
agency or department thereof, and a state government whose constitution does not prohibit such grants, grants-in-aid,
donations and contributions, and any agency or department
thereof, and to accept and use bequests, devises, gifts and
donations from any person;
(j) To encumber or mortgage all or any part of its
facilities and equipment; and
(k) To render all services permitted pursuant to article
four-c, chapter sixteen of this code, including, but not limited
to, emergency and nonemergency transportation.
(l) To do any and all things necessary or convenient to
carry out the powers given in this article unless otherwise
forbidden by law.
§7-15-17. Imposition and collection of special emergency ambulance service fee by county commission.
A county commission may, by ordinance, impose upon and
collect from the users of emergency ambulance service within the
county a special service fee, which shall be known as the
"special emergency ambulance service fee." The proceeds from the
imposition and collection of any special service fee shall be
deposited in a special fund and used only to pay reasonable and
necessary expenses actually incurred and the cost of buildings
and equipment used in providing emergency ambulance service to
residents of the county. The proceeds may be used to pay for, in
whole or in part, the establishment, maintenance and operation of
an authority, as provided for in this article:
Provided, That an ambulance company or authority receiving funds from the special
emergency ambulance fees collected pursuant to this section may
not be precluded from making nonemergency transports.
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