HB 5351 — Relating to modernization of fees generated from emergency communication service users

CS for HB 5351 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5351 By Delegates Hornby, Akers, Clark, Mallow, Miller, Willis, Hott, Holstein, Green, and Hanshaw (Mr.

Speaker) [Introduced[Originating Februaryin 09,the 2026;Committee on the Judiciary;

referredReported toon theFebruary Committee25, on2026] theCS Judiciary]for Intr HB 2026R39665351 A BILL to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended, relating to modernization of fees generated from emergency communication service users;

and allowingproviding countiesthat tocounty amendcommissions themay 911impose feean processenhanced foremergency usetelephone ofsystem communicationfee deviceson beyond911 landlines.service user locations.

and Intr1 CS for HB 2026R39665351 (3) Minimum standards for education and training of all personnel in emergency communications centers.

(b)(b)(1) A county commission may impose a fee upon consumers of local exchange service each 911 service usersuser location, defined as an occupied residential, commercial, or business premises assigned a physical address within that countycounty, without regard to the type of communications technology utilized at that location, for an enhanced emergency telephone system and associated electronic equipment and for the conversion of all rural routes to city-type addressing as provided in section three of this article.

The fee may be placed on landline users, users of local exchange services, voice over internet protocol subscribers, or any other user whose use can be reasonably related to 911 services.

Effective on July 1, 2006, all county enhanced emergency telephone system fees that are in effect as of July 1, 2006, and as such may later be modified by action of a county commission, shall be imposed upon in-state subscribers to voice over Internet protocol (VoIP) service, as VoIP service is defined by the Federal Communications Commission of the United States A nonbusiness VoIPvoice over internet protocol (VoIP) service subscriber shall be considered in-state if the primary residence of the subscriber is located within West Virginia.

(c)(1)(2) A county commission may collectnot aimpose county-imposedmore 911than userone feeenhanced oremergency contract with the telephone companysystem orfee companiesauthorized providingby localthis exchangesection serviceupon within the countysame for911 theservice telephoneuser companylocation, orand companies one or more third parties to act as the billingfee agentshall ornot agentsbe ofseparately theimposed countyupon commissionindividual fortelecommunications, thewireless, billingVoice ofover theInternet feeProtocol, imposedbroadband, pursuantor tosimilar subsectionservice (b)subscriptions ofassociated thiswith section.that location.

Intr2 HBCS 2026R3966for TheHB cost5351 for(3) theA billingcounty agentcommission services may benot includedlevy as a recurringfee maintenanceon costcommercial ofmobile theservice enhancedas emergencydefined telephoneat system.47 U.S.C.

(2)§332, Whereprivate amobile countyservice commission has contracted with a telephone company to act as itsdefined billingat agent47 forU.S.C. enhanced emergency telephone system fees, all competing local exchange telephone companies with customers in that county shall bill the enhanced emergency telephone system fees to its respective customers located in that county and shall remit the fee.

§332, or internet access as defined at 47 U.S.C.

§151 Note, §1105(5).

(c)(1) A county commission may collect the enhanced emergency telephone system fees described in subsection (b) of this section or contract with the telephone company or companies providing local exchange service within the county for the telephone company or companies a third party to act as the billing agent or agents of the county commission for the billing of the fee imposed pursuant to subsection (b) of this section.

The cost for the billing agent services may be included as a recurring maintenance cost of the enhanced emergency telephone system.

(2) Where a county commission has contracted with a telephone company to act as its billing agent for enhanced emergency telephone system fees, all competing local exchange telephone companies with customers in that county shall bill the enhanced emergency telephone system fees to its respective customers located in that county whose service addresses correspond to a 911 service user location and shall remit the fee.

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