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.