CCS/SS/SCS/HS/HB 668 - This act establishes various accountability measures relating to the Department of Transportation.

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - Under this act, members of the Joint Committee on Transportation Oversight from the Senate shall be appointed by the President pro tem and the Minority leader. Members of the committee from the House shall be appointed by the Speaker and the Minority floor leader. The annual report must be submitted to the Lieutenant Governor and shall also be posted on the Department of Transportation internet site. The Committee will be required to meet two times a year, in addition to its annual meeting. This act spells out the agenda items in addition to those which may be established by the co-chairs. 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 status report on Department of Transportation revenues and expenditures;

(4) Review of any report from the Inspector General; and

(5) Implementation of any actions as may be deemed necessary by the committee (section 21.795).

TERMS OF COMMISSIONERS - This act reorganizes the terms of the members of the Highways and Transportation Commission and delineates the initial appointments. Appointments will be made by March 1st in odd-numbered years. Present members will serve the remainder of the term for which they were appointed or If a vacancy occurs due to death, resignation, or removal, the successor shall be appointed for only the remainder of the unexpired term (Section 226.030). Under this act, when two Commission members of the Commission are within two years of expiration of their terms, the Commission shall appoint one of those two members as chair of the Commission and the other as vice chair, each to serve in such position for one year. At the end of the year, the two members shall switch positions.

STATE OF THE STATE ON TRANSPORTATION - This act also requires that the Director of Transportation shall, by February 15th of each year, present an annual state of the state of transportation to a joint session of the General Assembly.

POLITICAL ACTIVITIES - Under this act, any Commissioner appointed or reappointed after March 1, 2004 shall not:

(1) Host or manage a political fundraiser or solicit funds for any candidate who is seeking a statewide or national elected office; or

(2) Serve on the board of any political action committee, political party committee, or continuing committee (Section 226.033).

INSPECTOR GENERAL - The Office of Transportation Inspector General is created within the Joint Committee on Transportation Oversight. The Inspector General shall serve as the Executive Director of the Committee. The Inspector General initially appointed shall take office January 1, 2004, and serve until June 30, 2005. The compensation of the Inspector General and other personnel shall be paid from the joint contingent fund or jointly from the Senate and House contingent funds. Subsequent directors shall be appointed for five year terms. The Inspector General shall report to and be under the general supervision of the Joint Committee. The Committee, by majority vote, shall direct the Inspector General to perform specific investigations, reviews, audits or other studies of the Department of Transportation. All investigations, reviews, audits or other studies performed by the Inspector General shall be conducted so that the General Assembly can procure information to assist it in formulating transportation legislation. The Inspector General shall also investigate citizen and state personnel complaints concerning the Department of Transportation.

DEPARTMENT CONTRACT DISPUTES (ARBITRATION) - This act requires that any dispute or controversy in excess of $25,000 but less than $327,000 against the Department of Transportation stemming from a construction contract between the Department of Transportation be settled, upon request, by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. The dollar amounts shall be adjusted on an annual basis on January 1st in accordance with the Implicit Price Deflator for Personal Consumption Expenditure. Any judgment on the award rendered by the arbitrator shall be entered in the circuit court of Cole County.

TOTAL TRANSPORTATION DISTRICTS - Under this act, property separated by easements or rights-of-way shall be considered contiguous for transportation development district purposes.

Under the act, districts formed by property owners need not contain contiguous properties if:

1. The petition provides that the sole funding method is a sales tax;

2. A court finds that all the property within the proposed district will benefit district projects;

3. Each parcel within the district is within five miles of every other parcel.

This act provides an alternative method for forming a transportation development district. The act allows two or more local transportation authorities which have adopted a resolution calling for the joint establishment of a district to form a transportation development district. The proposed district area shall be contiguous and may contain all or any portion of a county or city. The act outlines the requirements of the petition.

The act allows the alternatively formed development district to impose a sales tax contingent upon voter approval. The act also provides that the district may impose a funding mechanism other than a sales tax if approved by the voters within the district. The act sets forth the requirements of who may sit on the board of directors of the alternatively formed district. These provisions are contained in SB 230 (2003).

CONDEMNATION PROCEEDINGS - This act requires that 90 days after a condemnation award is paid into court and no agreement has been filed and no party having an interest in the award has filed a distribution award, the court will determine the percentage of the award to which each party having an interest is entitled.
STEPHEN WITTE