Senate Bill 1492
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Florida Senate - 1998 SB 1492
By Senator Hargrett
21-1503D-98
1 A bill to be entitled
2 An act relating to the transportation
3 disadvantaged (RAB); amending s. 427.011, F.S.;
4 revising definitions; amending s. 427.012,
5 F.S.; revising the membership of the Commission
6 for the Transportation Disadvantaged; amending
7 s. 427.013, F.S.; revising the purpose and
8 responsibilities of the commission; amending s.
9 427.0135, F.S.; revising the duties and
10 responsibilities of agencies that purchase
11 transportation disadvantaged services; amending
12 s. 427.015, F.S.; revising the function of the
13 metropolitan planning organization or
14 designated official planning agency in
15 coordinating transportation for the
16 transportation disadvantaged; amending s.
17 427.0155, F.S.; revising the powers and duties
18 of community transportation coordinators;
19 amending s. 427.0157, F.S.; revising the powers
20 and duties of local coordinating boards;
21 amending s. 427.0159, F.S.; revising provisions
22 with respect to the Transportation
23 Disadvantaged Trust Fund; amending s. 427.016,
24 F.S.; revising provisions with regard to the
25 expenditure of funds for the transportation
26 disadvantaged; conforming provisions; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (7) of section 427.011, Florida
2 Statutes, is amended to read:
3 427.011 Definitions.--For the purposes of ss.
4 427.011-427.017:
5 (7) "Local coordinating board" means an advisory
6 entity in each designated service area composed of
7 representatives appointed by the metropolitan planning
8 organization or designated official planning agency, to
9 provide direction and oversight assistance to the community
10 transportation coordinator relative to the coordination of
11 transportation services.
12 Section 2. Subsection (1) of section 427.012, Florida
13 Statutes, is amended to read:
14 427.012 The Commission for the Transportation
15 Disadvantaged.--There is created the Commission for the
16 Transportation Disadvantaged in the Department of
17 Transportation.
18 (1) The commission shall consist of the following
19 members:
20 (a) The secretary of the Department of Transportation
21 or the secretary's designee.
22 (b) The secretary of the Department of Children and
23 Family Health and Rehabilitative Services or the secretary's
24 designee.
25 (c) The secretary of the Department of Juvenile
26 Justice or the secretary's designee. The Commissioner of
27 Education or the commissioner's designee.
28 (d) The secretary of the Department of Labor and
29 Employment Security or the secretary's designee.
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1 (e) The secretary of the Department of Health or the
2 secretary's designee The executive director of the Department
3 of Veterans' Affairs or the executive director's designee.
4 (f) The secretary of the Department of Elderly Affairs
5 or the secretary's designee.
6 (g) The director of the Agency for Health Care
7 Administration or the director's designee.
8 (h) A representative of the Florida Association for
9 Community Action, who shall serve at the pleasure of that
10 association.
11 (i) A representative of the Florida Transit
12 Association, who shall serve at the pleasure of that
13 association.
14 (j) A person who uses the transportation services of
15 the coordinated system as their primary means of
16 transportation. Such person shall be appointed by the Governor
17 to serve a term of 4 years. A person over the age of 60 who is
18 a member of a recognized statewide organization representing
19 elderly Floridians. Such person shall be appointed by the
20 Governor to represent elderly Floridians and shall be
21 appointed to serve a term of 4 years.
22 (k) A handicapped person who is a member of a
23 recognized statewide organization representing handicapped
24 Floridians. Such person shall be appointed by the Governor to
25 represent handicapped Floridians and shall be appointed to
26 serve a term of 4 years.
27 (k)(l) A representative of the local coordinating
28 boards. Such person shall be appointed by the Governor to
29 represent all local coordinating boards and shall be appointed
30 to serve a term of 4 years. Two citizen advocate
31 representatives who shall be appointed by the Governor for a
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1 term of 4 years, one representing rural citizens and one
2 representing urban citizens.
3 (l)(m) A representative of the Florida Association of
4 Coordinated Transportation Systems community transportation
5 coordinators. Such person shall serve at the pleasure of the
6 association be appointed by the Governor to represent all
7 community transportation coordinators and shall be appointed
8 to serve a term of 4 years.
9 (n) One member of the Early Childhood Council. Such
10 person shall be appointed by the Governor to represent
11 maternal and child health care providers and shall be
12 appointed to serve a term of 4 years.
13 (m)(o) Two representatives of current private
14 for-profit or private not-for-profit transportation operators,
15 one representing rural areas and one representing urban areas.
16 Such persons shall be appointed by the governor to serve a
17 term of 4 years. operators each of which have a minimum of 5
18 years of continuous experience operating a broad-based system
19 of ambulatory and wheelchair/stretcher type transportation,
20 utilizing not less than 50 vehicles and including dispatch and
21 scheduling responsibilities. Such persons shall be appointed
22 by the Commissioner of Agriculture to serve a term of 4 years.
23 (n) Two representatives of planning agencies,
24 including a representative of the Metropolitan Planning
25 Organization Advisory Council, and a representative of the
26 Florida Association of Regional Planning Councils. Such
27 persons shall serve at the pleasure of these organizations.
28 (p) Four representatives of current private for-profit
29 or private not-for-profit transportation operators, each of
30 which having a minimum of 5 years of continuous experience
31 operating a broad-based system of ambulatory and wheelchair or
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1 stretcher-type transportation, utilizing not less than 50
2 vehicles, and including dispatch and scheduling
3 responsibilities. Such persons shall be appointed by the
4 Commissioner of Agriculture to serve a term of 4 years.
5 (q) Six citizens representing the nontransportation
6 business community of the state, three members appointed by
7 the President of the Senate and three members appointed by the
8 Speaker of the House of Representatives.
9 Section 3. Section 427.013, Florida Statutes, is
10 amended to read:
11 427.013 The Commission for the Transportation
12 Disadvantaged; purpose and responsibilities.--The purpose of
13 the commission is to assist local areas in accomplishing
14 accomplish the coordination of transportation services
15 provided to the transportation disadvantaged. The goal of this
16 coordination shall be to assure the cost-effective provision
17 of transportation by qualified community transportation
18 coordinators or transportation operators for the
19 transportation disadvantaged without any bias or presumption
20 in favor of multioperator systems or not-for-profit
21 transportation operators over single operator systems or
22 for-profit transportation operators. In carrying out this
23 purpose, the commission shall:
24 (1) Compile all available information on the
25 transportation operations for and needs of the transportation
26 disadvantaged in the state.
27 (2) Establish statewide objectives for providing
28 transportation services for the transportation disadvantaged.
29 (3) Develop policies and procedures for the
30 coordination of local government, federal, and state funding
31 for the transportation disadvantaged.
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1 (4) Identify barriers prohibiting the coordination and
2 accessibility of transportation services to the transportation
3 disadvantaged and aggressively pursue the elimination of these
4 barriers.
5 (5) Serve as a clearinghouse for information about
6 transportation disadvantaged services, training, funding
7 sources, innovations, and coordination efforts.
8 (6) Assist communities in developing transportation
9 systems designed to serve the transportation disadvantaged.
10 (7) Assure that all procedures, guidelines, and
11 directives issued by member departments are conducive to the
12 coordination of transportation services.
13 (8)(a) Assure that member departments purchase all
14 trips within the coordinated system, unless they use a more
15 cost-effective alternative provider, pursuant to certain
16 criteria established by a local coordinating board.
17 (b) Provide, by rule, criteria and procedures for
18 member departments to use if they wish to use an alternative
19 provider. Departments must demonstrate either that the
20 proposed alternative provider can provide a trip of acceptable
21 quality for the clients at a lower cost than that provided
22 within the coordinated system, or that the coordinated system
23 cannot accommodate the department's clients.
24 (9) Develop minimum standards covering coordination,
25 operation, costs, and utilization of transportation
26 disadvantaged services. These standards shall include, but not
27 be limited to:
28 (a) Inclusion, by rule, of acceptable ranges of trip
29 costs for the various modes and types of transportation
30 services provided.
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1 (b) Minimum performance standards for the delivery of
2 services. These standards should be included in coordinator
3 and operator contracts with clear penalties for repeated or
4 continuing violations.
5 (10) Develop and monitor rules and procedures to
6 implement the provisions of ss. 427.011-427.017.
7 (11) Approve the appointment of all community
8 transportation coordinators.
9 (11)(12) Have the authority to apply for and accept
10 funds, grants, gifts, and services from the Federal
11 Government, state government, local governments, or private
12 funding sources. Applications by the commission for local
13 government funds shall be coordinated through the appropriate
14 local coordinating board. Funds acquired or accepted under
15 this subsection shall be administered by the commission and
16 shall be used to carry out the commission's responsibilities.
17 (12)(13) Make an annual report to the Governor, the
18 President of the Senate, and the Speaker of the House of
19 Representatives by January 1 of each year.
20 (13)(14) Consolidate, for each state agency, the
21 annual budget estimates for transportation disadvantaged
22 services, and the amounts of each agency's actual
23 expenditures, together with the annual budget estimates of
24 each official planning agency, local government, and directly
25 federally funded agency and issue a report.
26 (14)(15) Prepare a statewide 5-year transportation
27 disadvantaged plan which addresses the transportation problems
28 and needs of the transportation disadvantaged, which is fully
29 coordinated with local transit plans, compatible with local
30 government comprehensive plans, and which ensures that the
31 most cost-effective and efficient method of providing
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1 transportation to the disadvantaged is programmed for
2 development.
3 (15)(16) Review and approve memorandums of agreement
4 for the provisions of coordinated transportation services.
5 (16)(17) Review, monitor, and coordinate all
6 transportation disadvantaged local government, state, and
7 federal fund requests and plans for conformance with
8 commission policy, without delaying the application process.
9 Such funds shall be available only to those entities
10 participating in an approved coordinated transportation system
11 or entities which have received a commission-approved waiver
12 to obtain all or part of their transportation through another
13 means. This process shall identify procedures for coordinating
14 with the state's intergovernmental coordination and review
15 procedures and s. 216.212(1) and any other appropriate grant
16 review process.
17 (17)(18) Develop an interagency uniform contracting
18 and billing and accounting system that shall be used by all
19 community transportation coordinators and their transportation
20 operators.
21 (18)(19) Develop and maintain a transportation
22 disadvantaged manual.
23 (19)(20) Design and develop transportation
24 disadvantaged training programs.
25 (20)(21) Coordinate all transportation disadvantaged
26 programs with appropriate state, local, and federal agencies
27 and public transit agencies to ensure compatibility with
28 existing transportation systems.
29 (21)(22) Designate the official planning agency in
30 areas outside of the purview of a metropolitan planning
31 organization.
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1 (23) Develop need-based criteria that must be used by
2 all community transportation coordinators to prioritize the
3 delivery of nonsponsored transportation disadvantaged services
4 that are purchased with Transportation Disadvantaged Trust
5 Fund moneys.
6 (24) Establish a review procedure to compare the rates
7 proposed by alternate transportation operators with the rates
8 charged by a community transportation coordinator to determine
9 which rate is more cost-effective.
10 (25) Conduct a cost-comparison study of
11 single-coordinator, multicoordinator, and brokered community
12 transportation coordinator networks to ensure that the most
13 cost-effective and efficient method of providing
14 transportation to the transportation disadvantaged is
15 programmed for development.
16 (22) Establish minimum screening criteria to determine
17 eligibility for nonsponsored transportation disadvantaged
18 assistance. The criteria must be based, at a minimum, on the
19 following:
20 (a) Availability of fixed route transit services;
21 (b) Availability of funds from other sources;
22 (c) Physical or mental disability; and
23 (d) Prohibition against self-declarations.
24 (23)(26) Develop a quality assurance and evaluation
25 management review program to monitor, based upon approved
26 commission standards, services contracted for by an agency,
27 and those provided by a community transportation operator
28 pursuant to s. 427.0155. Quality assurance and evaluation
29 review activities must be developed and implemented in
30 cooperation with local coordinating boards. Staff of the
31 quality assurance and management review program shall function
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1 independently and be directly responsible to the executive
2 director.
3 (24) Contract with the Center for Urban Transportation
4 Research to develop a basic services rate model to identify
5 minimum standards and services that are common to all agencies
6 and add-on charges that may be assessed for any
7 agency-specific requirements above this base.
8 Section 4. Subsection (1) of section 427.0135, Florida
9 Statutes, is amended to read:
10 427.0135 Member departments; duties and
11 responsibilities.--Each member department, in carrying out the
12 policies and procedures of the commission, shall:
13 (1)(a) Use the coordinated transportation system for
14 provision of services to its clients, unless each department
15 meets the criteria developed by the local coordinating board
16 outlined in rule to use an alternative provider.
17 (b) Subject to the provisions of s. 409.908(18), the
18 Medicaid agency shall purchase transportation services through
19 the community coordinated transportation system unless a more
20 cost-effective method is determined by the agency for Medicaid
21 clients or unless otherwise limited or directed by the General
22 Appropriations Act.
23 Section 5. Section 427.015, Florida Statutes, is
24 amended to read:
25 427.015 Function of the metropolitan planning
26 organization or designated official planning agency in
27 coordinating transportation for the transportation
28 disadvantaged.--
29 (1) In developing the transportation improvement
30 program, each metropolitan planning organization or designated
31 official planning agency in this state shall include a
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1 realistic estimate of the cost and revenue that will be
2 derived from transportation disadvantaged services in its
3 area. The transportation improvement program shall also
4 identify transportation improvements that will be advanced
5 with such funds during the program period. Funds required by
6 this subsection to be included in the transportation
7 improvement program shall only be included after consultation
8 with all affected agencies and shall only be expended if such
9 funds are included in the transportation improvement program.
10 (2) Each metropolitan planning organization or
11 designated official planning agency shall recommend to the
12 local coordinating board commission a single community
13 transportation coordinator. The coordinator may provide all or
14 a portion of needed transportation services for the
15 transportation disadvantaged but shall be responsible for the
16 provision of those coordinated services. Based on approved
17 commission evaluation criteria, The coordinator shall
18 subcontract or broker those services that are more
19 cost-effectively and efficiently provided by subcontracting or
20 brokering. The performance of the coordinator shall be
21 evaluated annually based on the commission's approved
22 evaluation criteria by the local coordinating board at least
23 annually. A copy of the evaluation shall be submitted to the
24 metropolitan planning organization or the designated official
25 planning agency, and the commission. The recommendation or
26 termination of any community transportation coordinator shall
27 be subject to approval by the commission.
28 (3) Each metropolitan planning organization or
29 designated official planning agency shall request each local
30 government in its jurisdiction to provide an estimate of all
31 local and direct federal funds to be expended for
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1 transportation for the disadvantaged. The metropolitan
2 planning organization or designated official planning agency
3 shall consolidate this information into a single report and
4 forward it, by the beginning of each fiscal year, to the local
5 coordinating board and the commission.
6 Section 6. Section 427.0155, Florida Statutes, is
7 amended to read:
8 427.0155 Community transportation coordinators; powers
9 and duties.--Community transportation coordinators shall have
10 the following powers and duties:
11 (1) Execute uniform contracts for service using a
12 standard contract, which includes performance standards for
13 operators. When purchasing transportation disadvantaged
14 services, each community transportation coordinator must
15 comply with the competitive-procurement procedures contained
16 in chapter 287.
17 (2) Collect annual operating data for submittal to the
18 commission and the local coordinating board.
19 (3) Review all transportation operator contracts
20 annually.
21 (4) Approve and coordinate the utilization of school
22 bus and public transportation services in accordance with the
23 transportation disadvantaged service plan.
24 (5) In cooperation with a local functioning
25 coordinating board, review all applications for local
26 government, federal, and state transportation disadvantaged
27 funds, and develop cost-effective coordination strategies.
28 (6) In cooperation with, and approved by, the
29 coordinating board, Develop, negotiate, implement, and monitor
30 a memorandum of agreement including a service plan, for
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1 approval by the local coordinating board submittal to the
2 commission.
3 (7) In cooperation with the local coordinating board
4 and pursuant to minimum criteria developed by the Commission
5 for the Transportation Disadvantaged, establish priorities
6 with regard to the recipients of nonsponsored transportation
7 disadvantaged services that are purchased with Transportation
8 Disadvantaged Trust Fund moneys.
9 (8) Have full responsibility for the delivery of
10 transportation services for the transportation disadvantaged
11 as outlined in s. 427.015(2).
12 Section 7. Section 427.0157, Florida Statutes, is
13 amended to read:
14 427.0157 Local coordinating boards; powers and
15 duties.--The purpose of each local coordinating board is to
16 develop local service needs and to provide information,
17 evaluation advice, and direction to the community
18 transportation coordinators on the coordination of services to
19 be provided to the transportation disadvantaged. The
20 commission shall, by rule, establish the membership of
21 coordinating boards. The members of each board shall be
22 appointed by the metropolitan planning organization or
23 designated official planning agency. The appointing authority
24 shall provide each board with sufficient staff support and
25 resources to enable the board to fulfill its responsibilities
26 under this section. Each board shall meet at least quarterly
27 and shall:
28 (1) Review and approve the coordinated community
29 transportation disadvantaged service plan, including the
30 memorandum of agreement with the community transportation
31 coordinator, prior to submittal to the commission;
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1 (2) Evaluate services provided in meeting the approved
2 plan;
3 (3) In cooperation with the community transportation
4 coordinator, review and provide recommendations to the
5 commission on funding applications affecting the
6 transportation disadvantaged;
7 (4) With the assistance of Assist the community
8 transportation coordinator, establish in establishing
9 priorities with regard to the recipients of nonsponsored
10 transportation disadvantaged services that are purchased with
11 Transportation Disadvantaged Trust Fund moneys;.
12 (5) Review the coordination strategies of service
13 provision to the transportation disadvantaged in the
14 designated service area; and
15 (6) Evaluate multicounty or regional transportation
16 opportunities and encourage counties to enter into reciprocal
17 agreements and recognize licensing from other jurisdictions;.
18 (7) Establish criteria and procedures for member
19 departments to use if they wish to use an alternate provider;
20 (8) Develop standards and performance eligibility
21 screening criteria for individuals who seek transportation
22 disadvantaged services;
23 (9) With the assistance of the community
24 transportation coordinator, develop cost-effective
25 transportation alternatives within the coordinated system; and
26 (10) Develop reciprocal agreements with adjacent local
27 coordinating boards in order to facilitate and foster
28 innovations to reduce costs and legal barriers to regional
29 transportation disadvantaged services.
30 Section 8. Section 427.0159, Florida Statutes, is
31 amended to read:
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1 427.0159 Transportation Disadvantaged Trust Fund.--
2 (1) There is established in the State Treasury the
3 Transportation Disadvantaged Trust Fund to be administered by
4 the Commission for the Transportation Disadvantaged. All fees
5 collected for the transportation disadvantaged program under
6 s. 320.03(9) shall be deposited in the trust fund.
7 (2) Funds deposited in the trust fund shall be
8 appropriated by the Legislature to the commission and shall be
9 used to fund grants for operational, planning, and match
10 requirement expenses associated with the provision of
11 transportation disadvantaged services. Funds may also be used
12 to carry out the responsibilities of the commission, and to
13 fund the administrative expenses of the commission.
14 (3) The commission, in consultation with
15 transportation community transportation coordinators
16 representing rural and urban coordinated systems, shall
17 determine a fair and equitable grant-distribution formula for
18 transportation disadvantaged funds. The formula must include a
19 base allocation for each county and must incorporate the
20 following variables:
21 (a) Average trip length;
22 (b) Percentage of low-income population to total
23 county population;
24 (c) Number of medical trips performed;
25 (d) Number of trips per vehicle;
26 (e) Number of trips per vehicle mile; and
27 (f) The availability of mass transit.
28 (3) Funds deposited in the trust fund may be used by
29 the commission to subsidize a portion of a transportation
30 disadvantaged person's transportation costs which is not
31 sponsored by an agency, only if a cash or in-kind match is
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1 required. Funds for nonsponsored transportation disadvantaged
2 services shall be distributed based upon the need of the
3 recipient and according to criteria developed by the
4 Commission for the Transportation Disadvantaged.
5 (4) The commission shall develop baseline measures for
6 use by local coordinating boards in evaluating the performance
7 of the transportation disadvantaged program in their service
8 areas. The measures may be both quantitative and qualitative.
9 The measures must, at a minimum, assess performance in the
10 following areas:
11 (a) Cost efficiency of the coordinated system;
12 (b) Service efficiency of the coordinated system;
13 (c) Service availability of the coordinated system;
14 (d) System safety and service quality;
15 (e) Use of transportation alternatives operating
16 within the coordinated system; and
17 (f) System effectiveness in improving the overall
18 mobility of the transportation disadvantaged.
19 Section 9. Section 427.016, Florida Statutes, is
20 amended to read:
21 427.016 Expenditure of local government, state, and
22 federal funds for the transportation disadvantaged.--
23 (1)(a) All transportation disadvantaged funds expended
24 within the state shall be expended to purchase transportation
25 services from community transportation coordinators or public,
26 private, or private nonprofit transportation operators within
27 the coordinated transportation system, except when the rates
28 charged by proposed alternate operators are determined by the
29 local coordinating board proven, pursuant to rules generated
30 by the Commission for the Transportation Disadvantaged, to be
31 more cost-effective and are not a risk to the public health,
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1 safety, or welfare. However, in areas where transportation
2 suited to the unique needs of a transportation disadvantaged
3 person cannot be purchased through the coordinated system, or
4 where the agency has met the rule criteria established by a
5 local coordinating board for using an alternative provider,
6 the service may be contracted for directly by the appropriate
7 agency.
8 (b) Nothing in this subsection shall be construed to
9 limit or preclude the Medicaid agency from establishing
10 maximum fee schedules, individualized reimbursement policies
11 by provider type, negotiated fees, competitive bidding, or any
12 other mechanism that the agency considers efficient and
13 effective for the purchase of services on behalf of Medicaid
14 clients. State and local agencies shall not contract for any
15 transportation disadvantaged services, including Medicaid
16 reimbursable transportation services, with any community
17 transportation coordinator or transportation operator that has
18 been determined by the Agency for Health Care Administration,
19 the Department of Legal Affairs Medicaid Fraud Control Unit,
20 or any state or federal agency to have engaged in any abusive
21 or fraudulent billing activities.
22 (2) Each agency purchasing transportation
23 disadvantaged services, whether or not it is a member of the
24 Commission for the Transportation Disadvantaged, shall inform
25 the commission in writing, before the beginning of each fiscal
26 year, of the specific amount of any money the agency allocated
27 for transportation disadvantaged services. Additionally, each
28 state agency shall, by September 15 of each year, provide the
29 commission with an accounting of the actual amount of funds
30 expended and the total number of trips purchased.
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1 (3) Each metropolitan planning organization or
2 designated official planning agency shall annually compile a
3 report accounting for all local government and direct federal
4 funds for transportation for the disadvantaged expended in its
5 jurisdiction and forward this report by September 15 to the
6 commission.
7 Section 10. This act shall take effect upon becoming a
8 law.
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11 SENATE SUMMARY
12 Revises provisions relating to the transportation
disadvantaged. Redefines the term "coordinating board" as
13 "local coordinating board" and conforms provisions.
Revises the membership, responsibilities, and duties of
14 the Commission for the Transportation Disadvantaged.
Revises the duties of agencies that purchase
15 transportation disadvantaged services. Revises related
duties of the metropolitan planning organization,
16 community transportation coordinators, and local
coordinating boards. Revises the purposes for which funds
17 in the Transportation Disadvantaged Trust Fund may be
used.
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