00RS HB488


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HB 488/FN (BR 1211) - J. Lee, Ro. Adams, J. Arnold Jr., K. Bratcher, T. Burch, H. Collins, B. Colter, J. Haydon, B. Heleringer, H. Moberly, S. Nunn, D. Sims, M. Weaver, R. Webb, S. Westrom

     AN ACT relating to the transportation of persons.
     Amend KRS 281.010, relating to definitions governing motor carriers, to define the term "cabinet"; amend KRS 281.014, relating to definitions governing motor carriers, to define the terms "human service transportation delivery"; "delivery area", "broker", "subcontractor", and "CTAC"; create various new sections of KRS Chapter 281, relating to motor carriers, to create the coordinated transportation advisory committee (CTAC); require the Transportation Cabinet staff to provide administrative support to the CTAC; require the Transportation Cabinet to promulgate administrative regulations under KRS Chapter 13A to specify the duties and responsibilities of the CTAC; require the Transportation Cabinet to employ a pool of program coordinators; require that the program coordinator be a state employee; specify the duties of the program coordinator; define types of transportation certificates to be issued based upon a person's level of eligibility and physical needs; prohibit area brokers from changing a person's level of eligibility and the accompanying certificate type; provide for persons with a certificate type 07 or 08 to have freedom of choice from delivery area subcontractors; specify matters governing the human service transportation delivery program that the Transportation Cabinet is required to promulgate administrative regulations to address; require brokers to provide transportation services to a person without the normal 72 hour time notification if the person's physician verifies the person needs to be seen by the physician or another physician to whom the person is being referred for medical treatment; provide for a penalty for brokers or subcontractors violating the provisions of the Act; amend KRS 96A.010, relating to definitions governing mass transit authorities, and KRS 96A.095, relating to the Transportation Cabinet's authority to accept funds for mass transit services, to conform; require the Transportation Cabinet to conduct a study of the formulas used to calculate capitated rates by delivery area; require the cabinet to report its findings to the Interim Joint Committee on Transportation no later than July 1, 2001; provide for contracts under the human service transportation delivery program to be rebid not later than March 1, 2001; require administrative regulations to be promulgated not later than 30 days after the effective date of this Act; provide for the operational handbook to become effective March 1, 2001.


     HCS/FN - Retain the provisions of the original bill with the following changes: Amend subsection (3) of Section 4 to mandate a broker be fined $1,000, in addition to being subject to having their contract revoked, if the broker refuses to transport a person before the state program coordinator has officially instructed the broker that the person is ineligible to receive transportation services; amend subsection (1) of Section 8 to insert the same penalty for refusing transportation to a person requesting service with less than the required 72 hours notice; amend subsection (4) of Section 4 to require a hearing to be held in the county where the person lives if a person is appealing a decision by the state that they are ineligible for transportation services, or if they are appealing the resolution of a complaint lodged against a broker or subcontractor; add a new subsection (3) to Section 6 to allow brokers to consider giving persons classified as 02's freedom of choice in transportation provider; add a new Section 11 to prohibit a broker from imposing on subcontractors additional requirements that are not required under this bill or by administrative regulations promulgated by the Transportation Cabinet; and renumber remaining sections accordingly.
     SFA (1, E. Scorsone) - Retain the provisions of the original bill with the following changes: amend Section 1 to add the definition of an "urban taxicab license" and an "urban limousine license"; amend Section 2 to clarify an urban taxicab license and an urban limousine license have countywide operating authority and to make other conforming amendments; add new Sections 14 to 32 to deregulate taxicabs and limousines in counties containing a city of the first class and in urban county governments; renumber existing Section 14 as Section 33, Section 15 as Section 34, and Section 16 as Section 35; add a Section 36 to provide that between the effective date of this act and June 30, 2001, a county containing a city of the first class or an urban-county government wishing to regulate taxicabs and limousines to enact local ordinances establishing matters to be governed locally; provide for various sections to become effective July 1, 2001, and between July 1, 2001, and December 31, 2001, provide for persons wanting to apply for an urban taxicab or limousine license to provide proof of insurance to the Transportation Cabinet and to comply with local ordinances governing taxicabs and limousines; provide for full deregulation of taxicabs and limousines in counties containing a city of the first class and urban-counties to take effect January 1, 2002.
     SFA (2, V. Moore) - Amend Section 4 to provide for a program coordinator to investigate complaints regarding recipients of the program in addition to complaints regarding brokers and subcontractors; amend Section 7 to provide that brokers shall have all reports necessary for payment to the cabinet not later than the 7th of each month; require the cabinet to pay the broker not later than the 15th of each month if the broker has submitted all the required reports; and require brokers to pay subcontractors within 3 business days of being paid by the cabinet.

     Jan 27-introduced in House
     Jan 28-to Transportation (H)
     Feb 3-posted in committee
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 17-2nd reading, to Rules
     Feb 22-recommitted to Appropriations and Revenue (H)
     Feb 28-posted in committee
     Mar 3-reported favorably, to Rules with the original Committee Substitute
     Mar 6-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2000
     Mar 9-3rd reading, passed 96-0 with Committee Substitute
     Mar 10-received in Senate
     Mar 14-to Transportation (S)
     Mar 20-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Mar 21-2nd reading, to Rules
     Mar 22-floor amendment (2) filed
     Mar 24-floor amendment (1) withdrawn ; posted for passage in the Regular Orders of the Day for Friday, March 24, 2000; 3rd reading, passed 35-0 with floor amendment (2)
     Mar 27-received in House; posted for passage for concurrence in Senate floor amendment (2)
     Mar 28-House concurred in Senate floor amendment (2) ; passed 96-0
     Mar 29-received in House; enrolled, signed by each presiding officer, delivered to Governor
     Apr 6-signed by Governor (Acts ch. 346)

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