ENGROSSED

H. B. 2853


(By Mr. Speaker, Mr. Kiss and Delegates Michael, Kominar, Mahan, Varner, Barker and Moore) [Introduced January 11, 2006; referred to the

Committee on Roads and Transportation then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating to the West Virginia Courtesy Patrol; providing a purpose; continuing the courtesy patrol program, administered by the division of Highways; creating the courtesy patrol commission; providing for membership and compensation of members; providing that the commission report its findings and recommendations to the Legislature .

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 §17-2D-1,§17-2D-2, §17- 2D-3 and §17-2D-4, all to read as follows:
ARTICLE 2D. THE WEST VIRGINIA COURTESY PATROL PROGRAM.
§17-2D-1. Purpose.
The Legislature recognizes the need to provide assistance to motorists who are stranded on interstate highways and four-lane expressways in the state, especially in the rural areas, from a safety perspective, in addition to remaining positioned to continue intelligent transportation systems applications, and meet the state's Homeland Security and Amber Alert initiatives. The Legislature also recognizes the need to find innovative ways to transition public assistance recipients into self-sufficient individuals.
In nineteen hundred ninety-eight, as a result of Senate Resolution No. 30, the West Virginia Division of Highways reinitiated a courtesy patrol program which provides assistance to stranded motorists traveling the state's controlled access expressways and to remove obstacles in the traveled way which create safety hazards to drivers. The courtesy patrol also provides assistance to law enforcement and emergency personnel at accident scenes, in an effort to prevent secondary accidents, additional property damage and additional injuries. Courtesy patrol drivers are also first responders certified in CPR and first aid.
A task force formed to implement the program recommended the service be provided by a private contractor and to require the operators to be "welfare to work" participants.
Several state agencies partnered with the Division of Highways to implement the program and write the program requirements for the contract, which was advertised for competitive bids. They include: Department of Health and Human Resources, Bureau of Employment Programs, Division of Motor Vehicles, Department of Administration-Purchasing Division, Bureau of Commerce-Tourism Division, Department of Military Affairs and Public Safety-State Police, and the Department of Education.
The Citizens Conservation Corps of West Virginia, a nonprofit corporation has operated the West Virginia courtesy patrol under contract with the division of highways since its inception and is currently operating under contract which began on the twenty-first day of November, two thousand five and which will expire on the twentieth day of May, two thousand seven. The courtesy patrol program has been a great success for the State of West Virginia and has accomplished and continues to accomplish the goals of the program. The West Virginia courtesy patrol is identified by the United States Department of Labor as a national model for best practices on innovative approaches to job creation with public assistance recipients transitioning into the work force. The program possesses one of the highest job retention percentages in the country for a transitional program of the type. To that extent, the Legislature expresses a desire to continue the current courtesy patrol program to serve the citizens of the State.
§17-2D-2. Operation and scope of the courtesy patrol program.
(a) The courtesy patrol program administered by the Division of Highways is hereby continued and shall be administered by the Division of Highways.
(b) The courtesy patrol program, at a minimum, shall include all of the services, specifications and requirements as are included in the courtesy patrol program provided to the Division of Highways pursuant to the Division's contract with the Citizens Conservation Corps of West Virginia, a nonprofit corporation, which was in effect as of the first day of January, two thousand six, together with all other requirements for the courtesy patrol program set forth in this article.
(c) The courtesy patrol program shall provide for the patrol of designated areas of highway looking for and providing assistance to disabled vehicles and stranded motorists. The individuals in the patrol units will also watch for debris in the roadway, spilled loads, accidents, obstructions to traffic and other potential hazards or abnormal occurrences, notify appropriate highway and enforcement personnel of the location and nature of the situation, monitor bridges, overlooks, and interchanges for suspicious activity, and continue its role in the state's Amber Alert System for abducted children.
(e) For each fiscal year, the Commissioner of the Division of Highways shall request in the budget request for the Division of Highways that the Legislature appropriate sufficient funds necessary for the courtesy patrol program as required by this article. To the extent available, the Division of Highways shall provide funding for the courtesy patrol program as required in this article from federal funds.
(f) The Division of Highways shall provide funding to furnish the fleet of vehicles to operate the courtesy patrol program, funding of other proper motor vehicles as needed, and funding of other required materials and services necessary for the efficient operation of the courtesy patrol.
(g) The Division of Highways shall provide all necessary equipment for the courtesy patrol trucks and other vehicles to accomplish the goals and the purpose of this article.
(h) The Division of Highways shall provide all of the gasoline necessary for the operation of the courtesy patrol program.
§17-2D-3. Program Participants.
(a) The courtesy patrol program shall utilize and employ individuals who are residents of this state who receive governmental assistance and benefits and individuals who are noncustodial parents of children who receive governmental assistance from this state and who also meet all other eligibility requirements of the courtesy patrol program.
(b) The Department of Health and Human Resources shall refer individuals who meet the eligibility requirements of this section to the courtesy patrol program.
(c) The Department of Health and Human Resources shall ensure that individuals who are referred to the courtesy patrol program have received certain minimum job readiness training, as required by the courtesy patrol program prior to being employed in the courtesy patrol program.
(d) The Department of Health and Human Resources shall provide adequate funding for any expenses for personal equipment required for the courtesy patrol participants for employment in the courtesy patrol program. The personal equipment includes, but is not to be limited to, uniforms and pagers. The Department of Health and Human Resources may use funding from any source to meet the requirements of this subsection, including accounts designated as personal accounts for the program participants.
(e) The Department of Health and Human Resources may use private contractors, including the nonprofit corporation chosen to operate the courtesy patrol program to provide the job readiness training required in subsection (c) of this section.
(g) No participant in the courtesy patrol program will be considered to be an employee of any corporation contracted to operate the courtesy patrol program until they have completed the job readiness training required in subsection (c), of this section, and have been accepted for employment by the nonprofit corporation.
(h) The courtesy patrol program is a transitional employment opportunity for the participants where the participants are employed for two years while they gain the skills necessary to become gainfully employed outside the courtesy patrol program.
(i) The program participants shall receive at least minimum wage for employment in the courtesy patrol program after the participants become employed.
§17-2D-4. Courtesy Patrol Commission.

(a) There is created within the Division of Highways the Courtesy Patrol Commission to study the status of the current courtesy patrol program, study and recommend ways to improve the effectiveness and efficiency of the program, including providing continuous patrolling of the highways in the program, and to identify and recommend sources of funding for the courtesy patrol program.
(b) Membership of the commission consists of the Secretary of the Department of Health and Human Resources, the Commissioner of the Division of Highways and the chairperson of the Division of Tourism. Each ex officio member may appoint a designee. Membership shall also include one member of the House of Delegates, appointed by the Speaker and one member of the Senate, appointed by the President, who shall serve as non-voting members. Also, the Governor shall appoint four citizen members, no more than two of whom shall be from each congressional district of the state. The Governor shall appoint a chairperson of the commission.
(c) The commission shall meet at times and places as it finds necessary and shall be staffed by the Division of Highways.
(d) Each member of the Commission is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A commission member may not receive compensation for travel days that are not on the same day as the official meeting or official duties.
(e) The commission shall study the current status of the courtesy patrol program, and shall formulate recommendations of potential means to improve the effectiveness and efficiency of the program and to provide continuous patrol of the roads included in the program and shall also study and make recommendations of additional or alternative sources of funding for the program.
(f) The commission shall submit a report of its findings and recommendations to the Legislature by the first day of January, two thousand seven.
(G) The commission ceases to exist on the thirty-first day of March, two thousand seven.

NOTE: The purpose of this bill is to continue the courtesy patrol program in its current form, to be administered by a nonprofit organization that can also offer qualified participants AmeriCorps educational grants.
This article is new; therefore, strike-throughs and underscoring have been omitted.