UPDATE - West Virginia Sen. Donna Boley, R-Pleasants, says a federal report is incorrect that the state diverted about $4 million in fees collected from a cell phone tax to other uses.

Boley says a 2005 law that increased the enhanced 911 fee to $3 a month (HB3208) specifies that portions of the increased funding are directed to the State Police, the state Interoperable Radio Project fund, and to a wireless tower construction assistance fund.

"How could the money be diverted if it's in the law?" said Boley.

ORIGINAL STORY - West Virginia has diverted $3.9 million of 911 fees tacked onto cell phone bills to other agencies rather than 911 services, according to a federal report.

See $3.9M In 911 Fees Diverted, FCC report says By Eric Eyre for the Charleston Gazette.

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