H. B. 2541
(By Delegates Wysong, Tabb, Moore, Hatfield,
Marshall, Swartzmiller, Yost, Varner and Stemple)
[Introduced January 25, 2007; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-1-3d of the Code of West Virginia,
1931, as amended, relating to county commissions generally and
providing that a county commission may adopt an ordinance
providing for a single board of directors for emergency
services and fire services.
Be it enacted by the Legislature of West Virginia:
That §7-1-3d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3d. Levy for, establishment and operation of fire prevention
units; financial aid.
The county commission in any county may levy for and may
erect, maintain and operate fire stations and fire prevention units
and equipment therefor in the county: Provided, That if a county
commission establishes a separate fire protection unit in any city in West Virginia that is now operating under the provisions of the
state civil service act for paid fire departments, then the new
unit shall be operated in accordance with the provisions of the
civil service act. Any county commission may render financial aid
to any one or more public fire protection facilities in operation
in the county for the general benefit of the public in the
prevention of fires. Any county commission may also authorize
volunteer fire companies or paid fire departments to charge
reasonable reimbursement fees for personnel and equipment used in
performing fire-fighting services, victim rescue or cleanup of
debris or hazardous materials by department personnel. The rate
for any such fees to be charged to property owners or other persons
responsible or liable for payment for such services must be
approved by the county commission and must be reasonable:
Provided, however, That no fee for any single incident or accident
shall exceed five hundred dollars, except an incident or accident
involving hazardous materials. The county commission shall require
that any fees charged pursuant to the authority conferred by this
section must be in writing and be itemized by specific services
rendered and the rate for each service.
In addition, a county commission may adopt an ordinance
providing for the appointment of a single board of directors for
combined fire and emergency services if the commission determines
that a single board of directors for the provision of these services is in the best interests of the citizens of the county,
will improve both fire services and emergency medical services in
the county and will be economically advantageous. The ordinance
shall provide that:
(1) Any fees collected for fire services or emergency medical
services shall be administered by the single board of directors;
and
(2) Upon the adoption of the ordinance providing for a single
board for fire services and emergency medical services, the single
board shall have all the powers, duties and responsibilities of
providing fire services and emergency medical services.
NOTE: The purpose of this bill is to allow county commissions
to adopt an ordinance providing for a single board of directors for
emergency services and fire services.
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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