H. B. 4532
(By Delegate Perdue)
[Introduced February 15, 2012; referred to the
Committee on Finance.]
A BILL to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to exempting motor vehicles used by the Department of Health and Human Resources solely for transporting Medicaid patients from the jurisdiction of the Public Service Commission; and providing a safety and insurance exception.
Be it enacted by the Legislature of West Virginia:
That §24A-1-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.
§24A-1-3. Exemptions from chapter.
The provisions of this chapter, except where specifically otherwise provided, do not apply to:
(1) Motor vehicles operated exclusively in the transportation of United States mail or in the transportation of newspapers. Provided, That However, the vehicles and their operators are subject to the safety rules promulgated by the commission;
(2) Motor vehicles owned and operated by the United States of America, the State of West Virginia or any county, municipality or county board of education, urban mass transportation authority established and maintained pursuant to article twenty-seven, chapter eight of this code, or by any of their departments and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the commission may specifically authorize;
(3) Motor vehicles used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants, and in the transportation of agricultural or horticultural supplies to farms or orchards where they are to be used. Provided, That However, the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the safety and insurance rules promulgated by the commission;
(4) Motor vehicles used exclusively in the transportation of human or animal excreta;
(5) Motor vehicles used exclusively in ambulance service or duly chartered rescue squad service;
(6) Motor vehicles used exclusively for volunteer fire department service;
(7) Motor vehicles used exclusively in the transportation of coal from mining operations to loading facilities for further shipment by rail or water carriers. Provided, That However, the vehicles and their operators are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
(8) Motor vehicles used by petroleum commission agents and oil distributors solely for the transportation of petroleum products and related automotive products when the transportation is incidental to the business of selling the products. Provided, That However, the vehicles and their operators are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
(9) Motor vehicles owned, leased by or leased to any person and used exclusively for the transportation of processed source-separated recycled materials, generated by commercial, institutional and industrial customers, transported free of charge from the customers to a facility for further processing. Provided, That However, the vehicles and their operators shall be are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
(10) Motor vehicles specifically preempted from state economic regulation of intrastate motor carrier operations by the provisions of 49 U.S.C. §14501 as amended by Title I, Section 103 of the federal “Interstate Commerce Commission Termination Act of 1995.” Provided, That However, the vehicles and their operators are subject to the safety regulations promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
(11) Motor vehicles designated by the West Virginia Bureau of Senior Services for use and operation by local county aging programs. Provided, That However, the vehicles and their operators are subject to the safety rules promulgated by the commission;
(12) Motor vehicles designated by the West Virginia Division of Public Transit operated by organizations that receive federal grants from the federal transit administration. Provided, That However, the vehicles and their operators are subject to the safety and insurance rules promulgated by the commission; and
(13) Motor vehicles designated by the West Virginia Department of Health and Human Resources, one or more of its bureaus or its contracted transportation vendor for use and operation solely to transport Medicaid clients to covered services pursuant to a transportation agreement. However, the vehicles and their operators are subject to the safety and insurance rules promulgated by the commission.
NOTE: The purpose of this bill is to exempt Department of Health and Human Resources motor vehicles used solely to transport Medicaid clients from the jurisdiction of the Public Service Commission. The bill provides that those vehicles are subject to the commission’s safety and insurance requirements.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.