- Perfected -

SS#2/SCS/SB 481 - This act provides that the Joint Committee on Transportation Oversight shall appoint a Director and employ other personnel as it deems necessary. The Director initially appointed shall take office January 1, 2004, and serve until June 30, 2005. Subsequent directors shall be appointed for five year terms. The Director may be removed by a 2/3 vote of the joint committee for cause. The Director shall report to and be under the general supervision of the joint committee. The committee, by majority vote, shall direct the director to perform specific investigations, reviews, audits or other studies of the Department of Transportation. All investigations, reviews, audits or other studies performed by the Director shall be conducted so that the General Assembly can procure information to assist it in formulating transportation legislation.

The Director shall also receive and process citizen complaints relating to transportation issues. The Director shall submit, on a quarterly basis, a written complaint report to the joint committee and the commission. The Director shall investigate citizen complaints if directed to do so by a majority of the Joint Committee on Transportation Oversight. The Director may also investigate complaints from Department of Transportation employees.

This act also updates the requirements of what the annual report submitted by the Department of Transportation must contain. The report now must contain the amount of state revenue derived from highway users which results from action of the General Assembly or voter-approved measures.

This act requires the Joint Committee on Transportation oversight to hold four additional meetings per year. The co-chairs of the committee shall establish an agenda for each meeting. The following items may be discussed at such meetings:

(1) Presentation of a prioritized transportation plan;

(2) Discussion of Department efficiencies and cost-savings;

(3) Presentation of a semiannual accountability report;

(4) Presentation of a status report on department of transportation revenues and expenditures, including a detailed summary of projects funded by new state revenue;

(5) Review of any report from the director; and

(6) Implementation of any actions as may be deemed necessary by the committee.

This act staggers the terms of the commission members so that the terms of the members shall begin on December 1st in odd-numbered years provided that no more than two members's terms shall be scheduled to expire in the same year and that the two members are not from the same political party. Members shall serve until a successor is appointed and qualified. If a vacancy occurs due to death, resignation, or removal, the successor shall be appointed for only the remainder of the unexpired term.

This act prohibits commission members from engaging in certain political activities such as campaigning or fundraising. Any commission member engaging in this activity is subject to removal by the Governor.

This act requires the Department of Transportation to submit to arbitration where the case involves a highway construction contract dispute over $25,000. This portion of the act is similar to SB 491 (2002) (SA 3).

This act makes the current position of the inspector general within the Department of Transportation a permanent position. If the inspector general is terminated, he or she may appeal his or her dismissal to the Highways and Transportation Commission (SA 5).

This act provides that in condemnation cases where there are multiple ownership interests in the proposed condemned property, the court must separate the trust fund into the respective ownership interests (SA 6).

This act exempts contractors from paying sales taxes on materials used in Department of Transportation projects. This portion of the act is similar to SB 501 (2003)(SA 7).

The Senate Government Accountability and Fiscal Oversight Committee added an amendment which delayed the effective date of this act to July 1, 2005.

STEPHEN WITTE