COMMITTEE SUBSTITUTE
FOR
H. B. 2792
(By Delegate Smirl)
(Originating in the Committee on the Judiciary)
[April 4, 1997]
A BILL to amend and reenact section twelve, article seventeen,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to county fire
service fees; authorizing counties to impose fire service
fees; requiring a petition to impose such fees; disallowing
county commissions from having liens on property as security
for payment of fees; requiring publication of ordinance and
election if thirty percent of qualified voters object;
providing for the increase in such fees; and prohibiting the
imposition of such fees on citizens of municipalities in
certain circumstances.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seventeen, 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 17. COUNTY FIRE BOARDS.
§7-17-12. County fire service fees; procedures for petition, election, dedication and increase; imposition on
municipalities.
(a) Every county commission which provides fire protection
services has plenary power and authority to provide by ordinance
for the continuance or improvement of such service, to make
regulations with respect thereto and to impose by ordinance,
upon the users of such 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 service, a reasonable fire
service fee, 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. The county commission shall
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 publication shall be 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 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 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 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.
(b) Beginning on the first day of July, one thousand nine
hundred ninety seven, county commissions may collect fire service
rates, fees and charges imposed pursuant to this section from
citizens residing in a municipality the limits of which fall
partly or entirely within the county only as provided in this
subsection:
(1) If the limits of a municipality fall entirely within the
county and the municipality does not have in effect a municipal
fire service rate, fee or charge applicable to residents of the
municipality, the county commission may collect fire service
rates, fees and charges imposed pursuant to this section from
citizens residing in the municipality.
(2) If the limits of the municipality fall in two or more
counties and the municipality does not have in effect a municipal
fire service rate, fee or charge applicable to residents of the
municipality, the county commission may collect fire service
rates, fees and charges imposed pursuant to this section from
citizens residing in that portion of the municipality which also
is within the county.
NOTE: The purpose of this bill is to provide a limited
waiver of county fire service fees for municipalities which have
enacted fire service fees, including provisions for
municipalities which lie in more than one county.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.