CCS SCS HCS HB 1681 & 1342 -- TRANSPORTATION OVERSIGHT
COMMITTEE; TRANSPORTATION DEPARTMENT; EMPLOYMENT OF UNAUTHORIZED
ALIENS; OUTDOOR ADVERTISING

This bill creates a permanent joint committee of the General
Assembly to be known as the Joint Committee on Transportation
Oversight.  This committee will be comprised of 7 members of the
transportation committees of both the House and Senate and 3
nonvoting ex officio members.

The Department of Transportation will be required to submit
annually a written report to the Governor and every member of
the House and Senate containing:

(a)  A comprehensive financial report of all funds for the
preceding state fiscal year, which must include a report by an
independent certified public accountant selected by the
Commissioner of the Office of Administration attesting that the
financial statement fairly presents the financial position of
the department in conformity with generally accepted
governmental accounting principles;

(b)  A detailed explanation of the methods or criteria used to
select construction projects;

(c)  A proposed allocation and expenditure of moneys and the
proposed work plan for the current fiscal year and the
succeeding 4 years, and for any period of time expressed in any
approved public transportation plan;

(d)  Amounts detailed by project for construction work in the
preceding state fiscal year and for work in progress;

(e)  The current status as to completion, by project, of the 15
Year Road and Bridge Program adopted in 1992, including the
original cost estimates, updated estimates, and the final
completed cost by project;

(f)  Reasons for cost increases or decreases in the preceding
state fiscal year;

(g)  Specific recommendations for any statutory or regulatory
changes necessary for the efficient and effective operation of
the department;

(h)  An accounting by region of the total amount of state,
federal, and earmarked federal highway funds expended in the
various regions of the state; and

(i) Any information specifically requested by the committee.

The committee is required to meet each year prior to December 1
for the sole purpose of examining the report.

The Highway and Transportation Commission will have the
authority to appoint a chief executive officer with the title of
"Director of the Missouri Department of Transportation."  The
duties of the chief executive officer include appointment of a
chief engineer, a chief financial officer, other department
heads, engineers, and other employees as deemed necessary by the
commission.  The director under the direction of the commission
will have general charge of, and be responsible for, the overall
operation and performance of the department and must provide,
quarterly, a current unaudited written version of the above
mentioned report with changes from the most recent audited
report to the commission.

The chief engineer will be responsible for preparation and
approval of all engineering documents, plans, and specifications
and will have general oversight of construction and maintenance
work for the department as determined by the director.

The salary of members of the Highway Patrol and radio personnel
will no longer be tied to the increase provisions of merit
employees.  Salaries of the Director, Chief Engineer, and Chief
Financial Officer of the Department of Transportation are
addressed.

The bill also addresses the issue of alien employees of
contractors or subcontractors doing work for a state agency.  If
there is evidence that a contractor or subcontractor has hired
an alien unauthorized to work in the United States, the
contractor will be required to discharge the unauthorized
worker.  If evidence shows that a contractor or subcontractor
knowingly violated the Immigration Reform and Control Act of
1986, an agency may cause up to 20% of the total amount of the
contract or subcontract to be withheld from payment.  If it is
determined that a contractor has hired a subcontractor to
complete work required by contract with the knowledge such
subcontractor violated or intended to violate the Immigration
Reform and Control Act of 1986, the state agency may withhold
double the amount caused to be withheld from payment to the
subcontractor.  The provisions of the bill relating to the
employment of unauthorized aliens will only be effective to the
extent that such provisions are not preempted or prohibited by
section 1324a of title 8 of the United States Code.

This bill also revises the law on local control of outdoor
advertising.  Currently any city which maintains a city engineer
or similar city official on the planning commission has
authority to place restrictions on the height, spacing, and
lighting of outdoor advertising structures.  The restrictions
may be more restrictive than state regulations.  This bill gives
any city or county this authority.  The bill also changes the
maximum local fee for initial inspection of an outdoor
advertising structure from $500 to 2% of the gross annual
revenue produced by the structure within the city or county.

HCS HB 1681 & 1342 -- TRANSPORTATION OVERSIGHT (Koller)

This substitute creates a permanent joint committee of the
General Assembly to be known as the "Joint Committee on
Transportation Oversight."  This committee will be comprised of
7 members of the transportation committees of both House and
Senate and 5 nonvoting ex officio members.

The department will be required to submit yearly a written report

to the Governor and every member of the House and Senate
containing:

(a)  A comprehensive financial report of all funds for the
preceding state fiscal year which must include a report by an
independent certified public accountant, selected by the
Commissioner of the Office of Administration attesting that the
financial statement fairly presents the financial position of
the department in conformity with generally accepted
governmental accounting principles;

(b)  Detailed explanation of the methods or criteria used to
select construction projects;

(c)  Proposed allocation and expenditure of moneys and the
proposed work plan for the current fiscal year and the
succeeding five years;

(d)  Amounts detailed by project for construction work in the
preceding state fiscal year and for work in progress;

(e)  Current status as to completion, by route, of the 15 year
Road and Bridge program adopted in 1992, including the original
cost estimates, updated estimates and the final completed cost
by route;

(f)  Reasons for cost increases or decreases in the preceding
state fiscal year;

(g)  Specific recommendations for any statutory or regulatory
changes necessary for the efficient and effective operation of
the department;

(h)  Total amount of regionally earmarked federal highway funds
and the amount of these funds that are being used for projects
identified in the 15-year program;

(i)  An accounting by region of the total amount of state,
federal and earmarked federal highway funds expended in the
various regions of the state;

(j)  Any substantial variance from the original construction
material specifications from the previous report; and

(k)  A schedule integrating the comprehensive financial report
with the department's annual budget.

The committee will be required to meet each year prior to
December 1 for the sole purpose of examining the report.

The commission with majority approval of the Joint Committee on
Transportation Oversight will have the authority to appoint a
chief executive officer with the title of "Director of the
Missouri Department of Transportation."  The duties of the chief
executive include appointment of a chief engineer, a chief
financial officer, other department heads, engineers, and other
employees as deemed necessary by the commission.  The director
under the direction of the commission, will have general charge
of, and be responsible for, the overall operation and
performance of the department and must provide, quarterly, a
current unaudited written version of the above mentioned report
to the commission.

The chief engineer will be responsible for preparation and
approval of all engineering documents, plans, and specifications
and will have general oversight of construction and maintenance
work for the department as determined by the director.

FISCAL NOTE:  Net Cost to State Road Fund of $164,560 in FY
1999, $202,409 in FY 2000, and $207,469 in FY 2001.

HCS HB 1681 & 1342 -- TRANSPORTATION OVERSIGHT

SPONSOR:  Koller

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 19 to 2.

This substitute creates a permanent joint committee of the
General Assembly to be known as the "Joint Committee on
Transportation Oversight."  This committee will be comprised of
7 members of the transportation committees of both House and
Senate and 3 nonvoting ex officio members.

The department will be required to submit yearly a written
report to the Governor and every member of the House and Senate
containing a comprehensive financial report of all funds for the
preceding state fiscal year, which must include a report by an
independent public accountant, selected by the Commissioner of
the Office of Administration, attesting that the financial
statement fairly presents the financial position of the
department in conformity with generally accepted accounting
principles.

The committee will be required to meet each year prior to
December 1 for the sole purpose of examining the report.

The Highway and Transportation Commission is given authority to
appoint a chief executive officer with the title of "Director of
the Missouri Department of Transportation."  The duties of the
chief executive include appointment of a chief engineer, a chief
financial officer, other department heads, engineers, and other
employees as deemed necessary by the commission.  The director
under the direction of the commission will have general charge
of, and be responsible for, the overall operation and
performance of the department and must provide, quarterly, a
current unaudited written version of the above mentioned report
to the commission.

The chief engineer will be responsible for preparation and
approval of all engineering documents, plans, and specifications
and will have general oversight of construction and maintenance
work for the department as determined by the director.

FISCAL NOTE:  Net Cost to State Road Fund of $164,560 in FY
1999, $202,409 in FY 2000, and $207,469 in FY 2001.

PROPONENTS:  Supporters say that this legislation assures an
accurate reporting of transportation expenditures to the
legislature and all Missourians.  Reporting requirements on
projected costs and on planned projects will provide a clear
picture of future direction and priorities.  The state should
take a new path of greater accountability that follows a road
map designating a firm commitment to the promises of the past.

Testifying for the bill were Representatives Koller and Pryor;
Department of Transportation; Missouri Chamber of Commerce;
Missouri Coalition for the Environment; Transportation
Development Council; Research Institute of Missouri; Missouri
Transportation Council; and Missouri Highway Corridor Coalition.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Triplett, Legislative Analyst

HB 1681 -- Transportation Oversight

Co-Sponsors:  Koller, Gaw

This bill creates a permanent joint committee of the General
Assembly to be known as the "Joint Committee on Transportation
Oversight."  This committee will be comprised of 5 members of
the transportation committees of both House and Senate and 3
nonvoting ex officio members.

The department will be required to submit yearly a written report

to the Governor and every member of the House and Senate
containing a comprehensive financial report of all funds for the
preceding state fiscal year which must include a report by an
independent public accountant, selected by the joint committee,
attesting that the financial statement fairly presents the
financial position of the department in conformity with
generally accepted accounting principles.

The committee will be required to meet each year prior to
December 1 for the sole purpose of examining the report.  The
committee will not have any power to modify projects or
priorities set forth but will make recommendations to the
department or the Transportation Commission.

The commission has the authority to appoint a chief executive
officer with the title of "Director of the Missouri Department
of Transportation."  The duties of the chief executive include
appointment of a chief engineer, a chief financial officer,
other department heads, engineers, and other employees as deemed
necessary by the commission.  The director under the direction
of the commission, will have general charge of, and be
responsible for, the overall operation and performance of the
department and must provide, quarterly, a current unaudited
written version of the above mentioned report to the commission.

The chief engineers will be responsible for preparation and
approval of all engineering documents, plans, and specifications
and will have general oversight of construction and maintenance
work for the department as determined by the director.