Engrossed Version
Senate Bill 787 History
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ENGROSSED
Senate Bill No. 787
(By Senators Unger, Jenkins, Deem, Fanning, Love, McKenzie,
Oliverio and White)
____________
[Originating in the Committee on Transportation and
Infrastructure;
reported February 24, 2006.]
_____________
A BILL
to repeal §17-16C-4 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new
article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4
and §17-16D-5, all relating to the coordination of
transportation needs of the transportation disadvantaged;
creating a
Transportation Coordinating Council within the
Department of Transportation; establishing its membership,
responsibilities and reporting requirements; requiring the use
of public transit systems under certain circumstances; and
continuation of the Transportation Coordinating Council.
Be it enacted by the Legislature of West Virginia:
That §17-16C-4 of the Code of West Virginia, 1931, as amended,
be repealed; and that said code be amended by adding thereto a new
article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4 and
§17-16D-5
, all to read as follows:
ARTICLE 16D. TRANSPORTATION COORDINATION.
§17-16D-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.
§17-16D-2. Transportation Coordinating Council created.
(a) The Transportation Coordinating Council is created within
the
Department of Transportation.
(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 Workforce
Development Division, 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 Bureau for Medical Services
, or a
designee appointed by the commissioner
;
(8) The Commissioner of the Bureau for Children and Families,
or a designee appointed by commissioner;
(9) The Director of the Division of Rehabilitation Services,
or a designee appointed by the director; and
(10) The Commissioner of the Bureau for Behavioral Health, or
a designee appointed by the commissioner.
(c) The Governor, with the advice and consent of the Senate,
shall appoint members as follows:
(1) A member representing private transportation providers;
(2) Two members representing the public transportation
community;
(3) A member representing the nonemergency medical transportation providers' community;
(4) Two members representing senior citizens; and
(5) Two members representing people with disabilities.
(d) The
Governor, with the advice and consent of the Senate,
shall appoint a chair
of the Transportation Coordinating Council.
(e) The members appointed by the Governor serve terms of three
years, except of the members initially appointed, two serve terms
of one year, three serve terms of two years and three serve terms
of three years, as designated by the Governor.
(f) Members of the council shall receive no compensation, but
shall be reimbursed for reasonable and necessary expenses actually
incurred in the performance of their official duties.
§17-16D-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 though the federal "United We Ride" program and other funding
sources available.
(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 and the
Joint Committee on Government and Finance.
(f) The council shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, designed to implement a statewide
nonemergency medical transportation plan and pilot projects.
(g) The council, in conjunction with the Department of Health
and Human Resources and the Division of Public Transit of the
Department of Transportation, shall prepare and develop a statewide
nonemergency medical transportation plan. The plan shall include,
without limitation, an operational framework for the statewide
coordinated transportation of nonemergency medical, recommendations
for the implementation of the plan using funds available for this
purpose, the identification and discussion of additional funds for
this purpose, a discussion about goals, viability, location and
need for pilot projects, and recommended time frames for
implementing the statewide nonemergency medical transportation
plan. The council shall hold public hearings and meetings with notice to receive public input regarding the proposed statewide
nonemergency medical transportation plan. The plan shall be a
multiyear plan setting forth the state's goals and initiatives for
coordinating and providing nonemergency medical transportation and
related medical services and provide a direction for the private
sector.
(h) The council is authorized to propose and develop pilot
projects, in conjunction with the Department of Health and Human
Resources, the Division of Public Transit and the United We Ride
Initiative, implementing
cost-effective nonemergency medical
transportation services and related medical support services. The
council shall submit an operating report, review, and summary of
the pilot projects and a plan for statewide implementation,
including any legislation necessary for implementation to the
Governor
and the Joint Committee on Government and Finance
on an
annual basis.
(i) The council
may rely upon internal staff reports or the
advice of outside advisors or consultants and may procure the
services with the consent of the Secretary of Department of
Transportation. The council may also involve national, state and
local government leadership and other experts.
§17-16D-
4. Use of public transit services.
The Secretary of the Department of Health and Human Resources
shall direct programs of the department 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.
§17-16D-5. Continuation of the Transportation Coordinating
Council.
Pursuant to the provisions of article ten, chapter four of
this code, the Transportation Coordinating Council shall continue
to exist until the first day of July, two thousand nine, unless
sooner terminated, continued or reestablished.