Senate Bill No. 787

(By Senators Unger, Jenkins, Deem, Fanning, Love, McKenzie, Oliverio and White)

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[Originating in the Committee on Transportation and Infrastructure;

reported February 24, 2006.]

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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 and §17-16D-4, 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; and requiring the use of public transit systems under certain circumstances.

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 That §17-16C-4 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3 and §17-16D-4, all to read as follows: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.
§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.
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(NOTE: The purpose of this bill is to create a Transportation Coordinating Council within the Department of Transportation, 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.)