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CHARLESTON – A bill proposed by Gov. Jim Justice that would carve out a portion of the $3 wireless E-911 fee for other emergency communications projects is on hold after county officials and lawmakers objected.
In a press release Monday, Justice said he requested Senate Bill 289 be pulled from consideration by the Senate Government Organization Committee.
"After extensive meetings and listening it became very clear that my intent for Senate Bill 289 was not being properly communicated," Justice said. "I have never wanted a dime taken away from our 911 centers or our counties."
SB 289 would create a new 34-cent "public safety wireless fee" on the monthly bill of cell phone subscribers, while reducing the $3-per-month wireless (enhanced) 911 fee to $2.66 per month. It would have divided the 34 cents between state Division of Homeland Security and Emergency Management, the West Virginia State Police, and the Public Service Commission's Tower Access Fund.
Out of the 34 cents, homeland security would have received 15 cents for maintenance of radio systems for emergency dispatch. The PSC tower fund, used to give out grants for cell phone tower construction, would receive 9 cents per wireless customer each month. The state police receive 10 cents per subscriber each month for radio equipment upgrades.
The bill was introduced after the Federal Communications Commission criticized the state in December 2018 for years of taking portions of the $3-per-month Wireless E-911 fee for these three state agencies. Wireless E-911 fees are collected by the PSC and distributed to county 911 systems.
After hearing from Senate President Mitch Carmichael, R-Jackson, House Speaker Roger Hanshaw, R-Clay, Senate Majority Leader Tom Takubo, R-Kanawha, and Kanawha and Wyoming county officials, Justice said he asked for the bill to be pulled and is putting together an exploratory committee to look at solutions.
"Considering all this input I have decided to pull the bill. This will shield the counties from any possible harm until all parties have a better understanding."
Some of that input came Monday and over the last seven days. Newly-appointed state Sen. Paul Hardesty, D-Logan, released a letter Monday morning to the governor encouraging him to re-think the legislation. Hardesty, who was appointed Thursday to replace former state Sen. Richard Ojeda and who served as chair of the Logan County 911 Board, said reducing the funding counties receive could put poorer counties at a disadvantage.
"West Virginia has the fourth oldest population in the country," Hardesty said. "You combine that with the drug epidemic and very poor primary and secondary road conditions, which put us at a higher risk for more motor vehicle accidents, and you can clearly see that county 911 centers will have increased call volumes and be responding to more severe calls."
In a letter to the governor, Dean Meadows, director of Wyoming County 911, asked Justice to not make any changes to the fee structure for 911 centers.
"The wireless 911 fee code is working for us and I think it works well," Meadows said. "We know that we are going to need alternate funding sources and work on long term solutions for 911. But for now, we respectfully asked that you allow us to keep our present revenues and allow the code to work as written as it continues to meet our current goals."
In a letter sent last week to Senate President Carmichael, Wood County 911 Director Rick Woodyard raised concerns with the state raiding the wireless E-911 fee when landline 911 fees are starting to dry up as consumers switch to cell phones exclusively. According to Woodyard, 20,000 of Wood County's 85,000 residents still have landlines.
"Centers are suffering from a drastic drop in landline fees, a trend that has been constant for the past few years," Woodyard said. "We would request that the funding be put back into the bill as to not effect current 911 operations and even at this, it still does not stop the bleed on funding to (911 centers)."
In response to Justice pulling the bill, Woodyard expressed his thanks for the governor and his staff for listening to the concerns of 911 directors and he looks forward to finding a solution that will work for county 911 systems and the state.
"I applaud Governor Justice in taking a step back and pulling the bill, and for seeking an exploratory committee to search for the best possible solutions to these issues," Woodyard said. "I feel that, in working together, a reasonable and equitable solution is very much possible."
"We now have a clear road ahead to brainstorm and problem solve to keep our E-911 centers functioning at their highest level."