HB 4763 Text

H. B. 4763

(By Delegates Boggs, Azinger, Butcher, Evans,
Stalnaker, Susman and Ron Thompson)
[Introduced February 24, 2006; referred to the
Committee on Government Organization then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3 and §9-10-4, all relating to the coordination of transportation needs of the transportation-disadvantaged; creating a Transportation Coordinating Council within the Department of Health and Human Resources, Division of Human Services; establishing its membership, responsibilities and reporting requirements; and requiring the use of public transit systems under certain circumstances.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3 and §9-10-4, all to read as follows:
ARTICLE 10. TRANSPORTATION COORDINATION.
§9-10-1. Findings.
The Legislature finds that:
(1) The continuing development of infrastructure to support all transportation needs is essential to the state's economic development growth and to the benefit and well-being of all its citizens;
(2) Enhancing access to transportation will improve the mobility, employment opportunities and availability of community services to citizens who are transportation-disadvantaged;
(3) Both state and federal government have allocated millions of dollars to fund transportation infrastructure within this state; and
(4) The state's monetary resources earmarked for this purpose may be used more efficiently and effectively through the creation of strategies to increase current resources, eliminate duplicated agency efforts and centralize the management of resources.

§9-10-2. Transportation Coordinating Council created.

(a) The Transportation Coordinating Council is created within the Division of Human Services .
(b) The following serve as ex officio members of the council:
(1) The State Americans with Disabilities Coordinator;
(2) The Commissioner of the Bureau of Senior Services, or a designee appointed by the commissioner;
(3) The Superintendent of the Department of Education, or a designee appointed by the superintendent;
(4) The Executive Director of the West Virginia Development Office, or a designee appointed by the executive director;
(5) The Secretary of the Department of Transportation, or a designee appointed by the secretary;
(6) The Commissioner of the Bureau for Public Health, Department of Health and Human Resources, or a designee appointed by the commissioner;
(7) The Commissioner of the Division of Human Services, Department of Health and Human Resources, or a designee appointed by the commissioner;
(8) The Executive Director of the Governor's Cabinet on Children and Families, or a designee appointed by the executive director; and
(9) The Secretary of the Department of Health and Human Resources, or a designee appointed by the secretary.
(c) The Governor, with the advice and consent of the Senate, shall appoint members as follows:
(1) A representative of a state advocacy program for the disabled;
(2) Two members representing the public transportation community;
(3) A member representing the emergency medical transportation providers' community;
(4) A member representing a state transportation advocacy organization; and
(5) Two members representing public transportation consumers with disabilities.
(d) The Commissioner of the Division of Human Services or the commissioner's designee serves as chair.
(e) The members appointed by the Governor serve terms of three years, except of the members initially appointed, two serve terms of one year and two serve terms of two years, as designated by the Governor.
§9-10-3. Council responsibilities.
(a) The council shall study issues pertaining to the effective and efficient use of transportation resources including, but not limited to, the following:
(1) Coordination of transportation services;
(2) Elimination of waste and overlap caused by duplicated agency efforts; and
(3) Elimination of service gaps to enhance citizen access to all available transportation and resources.
(b) The council shall coordinate its efforts with the United States Department of Transportation.
(c) The council shall participate in and apply for grants through the federal "United We Ride" program.
(d) The council shall consult with outside experts and receive the testimony of the public during its regularly scheduled meetings.
(e) The council shall annually, prior to the first day of December, present a report of its progress to the Governor, the Joint Committee on Government and Finance and the Joint Transportation and Infrastructure Committee.
§9-10- 4. Use of public transit services.
The Commissioner of the Division of Human Services shall direct programs of the division to purchase client transportation through public transit systems in all instances where public transit services are appropriate to client needs and as cost-efficient as other transportation.

NOTE: The purpose of this bill is to create a Transportation Coordinating Council within the Department of Health and Human Resources, Division of Human Services, and establish its membership, responsibilities and reporting requirements. The bill also requires the Division of Human Services to purchase client transportation through public transit systems when public transit services are appropriate to client needs and as cost-efficient as other transportation.

This article is new; therefore, strike-throughs and underscoring have been omitted.

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