Joint committee on transportation oversight, members, quorum--report,when, contents--meetings, examination of reports, recordsrequired to be submitted.
21.795. 1. There is established a permanent joint committee of thegeneral assembly to be known as the "Joint Committee on TransportationOversight" to be composed of seven members of the standing transportationcommittees of both the senate and the house of representatives and threenonvoting ex officio members. Of the fourteen members to be appointed tothe joint committee, the seven senate members of the joint committee shallbe appointed by the president pro tem of the senate and minority leader ofthe senate and the seven house members shall be appointed by the speaker ofthe house of representatives and the minority floor leader of the house ofrepresentatives. No major party shall be represented by more than fourmembers from the house of representatives nor more than four members fromthe senate. The ex officio members shall be the state auditor, thedirector of the oversight division of the committee on legislativeresearch, and the commissioner of the office of administration or thedesignee of such auditor, director or commissioner. The joint committeeshall be chaired jointly by both chairs of the senate and housetransportation committees. A majority of the committee shall constitute aquorum, but the concurrence of a majority of the members, other than the exofficio members, shall be required for the determination of any matterwithin the committee's duties.
2. The department of transportation shall submit a written reportprior to November tenth of each year to the governor, lieutenant governor,and every member of the senate and house of representatives. The reportshall be posted to the department's Internet web site so that generalassembly members may elect to access a copy of the report electronically.The written report shall contain the following:
(1) A comprehensive financial report of all funds for the precedingstate fiscal year which shall include a report by independent certifiedpublic accountants, selected by the commissioner of the office ofadministration, attesting that the financial statements present fairly thefinancial position of the department in conformity with generally acceptedgovernment accounting principles. This report shall include amounts of:
(a) State revenues by sources, including all new state revenuederived from highway users which results from action of the generalassembly or voter-approved measures taken after August 28, 2003, andprojects funded in whole or in part from such new state revenue, andamounts of federal revenues by source;
(b) Any other revenues available to the department by source;
(c) Funds appropriated, the amount the department has budgeted andexpended for the following: contracts, right-of-way purchases, preliminaryand construction engineering, maintenance operations and administration;
(d) Total state and federal revenue compared to the revenue estimatein the fifteen-year highway plan as adopted in 1992.
All expenditures made by, or on behalf of, the department for personalservices including fringe benefits, all categories of expense andequipment, real estate and capital improvements shall be assigned to thecategories listed in this subdivision in conformity with generally acceptedgovernment accounting principles;
(2) A detailed explanation of the methods or criteria employed toselect construction projects, including a listing of any new orreprioritized projects not mentioned in a previous report, and anexplanation as to how the new or reprioritized projects meet the selectionmethods or criteria;
(3) The proposed allocation and expenditure of moneys and theproposed work plan for the current fiscal year, at least the next fouryears, and for any period of time expressed in any public transportationplan approved by either the general assembly or by the voters of Missouri.This proposed allocation and expenditure of moneys shall include theamounts of proposed allocation and expenditure of moneys in each of thecategories listed in subdivision (1) of this subsection;
(4) The amounts which were planned, estimated and expended forprojects in the state highway and bridge construction program or any otherprojects relating to other modes of transportation in the preceding statefiscal year and amounts which have been planned, estimated or expended byproject for construction work in progress;
(5) The current status as to completion, by project, of thefifteen-year road and bridge program adopted in 1992. The first writtenreport submitted pursuant to this section shall include the original costestimate, updated estimate and final completed cost by project. Eachwritten report submitted thereafter shall include the cost estimate at thetime the project was placed on the most recent five-year highway and bridgeconstruction plan and the final completed cost by project;
(6) The reasons for cost increases or decreases exceeding fivemillion dollars or ten percent relative to cost estimates and finalcompleted costs for projects in the state highway and bridge constructionprogram or any other projects relating to other modes of transportationcompleted in the preceding state fiscal year. Cost increases or decreasesshall be determined by comparing the cost estimate at the time the projectwas placed on the most recent five-year highway and bridge constructionplan and the final completed cost by project. The reasons shall includethe amounts resulting from inflation, department-wide design changes,changes in project scope, federal mandates, or other factors;
(7) Specific recommendations for any statutory or regulatory changesnecessary for the efficient and effective operation of the department;
(8) An accounting of the total amount of state, federal and earmarkedfederal highway funds expended in each district of the department oftransportation; and
(9) Any further information specifically requested by the jointcommittee on transportation oversight.
3. Prior to December first of each year, the committee shall hold anannual meeting and call before its members, officials or employees of thestate highways and transportation commission or department oftransportation, as determined by the committee, for the sole purpose ofreceiving and examining the report required pursuant to subsection 2 ofthis section. The committee shall not have the power to modify projects orpriorities of the state highways and transportation commission ordepartment of transportation. The committee may make recommendations tothe state highways and transportation commission or the department oftransportation. Disposition of those recommendations shall be reported bythe commission or the department to the joint committee on transportationoversight.
4. In addition to the annual meeting required by subsection 3 of thissection, the committee shall meet two times each year. The co-chairs ofthe committee shall establish an agenda for each meeting that may include,but not be limited to, the following items to be discussed with thecommittee members throughout the year during the scheduled meeting:
(1) Presentation of a prioritized plan for all modes oftransportation;
(2) Discussion of department efficiencies and expenditure ofcost-savings within the department;
(3) Presentation of a status report on department of transportationrevenues and expenditures, including a detailed summary of projects fundedby new state revenue as provided in paragraph (a) of subdivision (1) ofsubsection 2 of this section; and
(4) Implementation of any actions as may be deemed necessary by thecommittee as authorized by law.
The co-chairs of the committee may call special meetings of the committeewith ten days' notice to the members of the committee, the director of thedepartment of transportation, and the department of transportation.
5. The committee shall also review all applications for thedevelopment of specialty plates submitted to it by the department ofrevenue. The committee shall approve such application by a majority vote.The committee shall approve any application unless the committee receives:
(1) A signed petition from five house members or two senators thatthey are opposed to the approval of the proposed license plate and thereason for such opposition;
(2) Notification that the organization seeking authorization toestablish a new specialty license plate has not met all the requirements ofsection 301.3150, RSMo;
(3) A proposed new specialty license plate containing objectionablelanguage or design;
(4) A proposed license plate not meeting the requirements of anyreason promulgated by rule.
The committee shall notify the director of the department of revenue uponapproval or denial of an application for the development of a specialtyplate.
6. The committee shall submit records of its meetings to thesecretary of the senate and the chief clerk of the house of representativesin accordance with sections 610.020 and 610.023, RSMo.
(L. 1998 H.B. 1681 & 1342 merged with S.B. 883, A.L. 2003 H.B. 668, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 683 merged with H.B. 752)
(2009) Messages on specialty license plates communicate private, not government, speech; specialty plate program allows the State to engage in viewpoint discrimination and thus violates the First Amendment. Roach v. Stouffer, 560 F.3d 860 (8th Cir.).
Joint committee on transportation oversight, members, quorum--report,when, contents--meetings, examination of reports, recordsrequired to be submitted.
21.795. 1. There is established a permanent joint committee of thegeneral assembly to be known as the "Joint Committee on TransportationOversight" to be composed of seven members of the standing transportationcommittees of both the senate and the house of representatives and threenonvoting ex officio members. Of the fourteen members to be appointed tothe joint committee, the seven senate members of the joint committee shallbe appointed by the president pro tem of the senate and minority leader ofthe senate and the seven house members shall be appointed by the speaker ofthe house of representatives and the minority floor leader of the house ofrepresentatives. No major party shall be represented by more than fourmembers from the house of representatives nor more than four members fromthe senate. The ex officio members shall be the state auditor, thedirector of the oversight division of the committee on legislativeresearch, and the commissioner of the office of administration or thedesignee of such auditor, director or commissioner. The joint committeeshall be chaired jointly by both chairs of the senate and housetransportation committees. A majority of the committee shall constitute aquorum, but the concurrence of a majority of the members, other than the exofficio members, shall be required for the determination of any matterwithin the committee's duties.
2. The department of transportation shall submit a written reportprior to November tenth of each year to the governor, lieutenant governor,and every member of the senate and house of representatives. The reportshall be posted to the department's Internet web site so that generalassembly members may elect to access a copy of the report electronically.The written report shall contain the following:
(1) A comprehensive financial report of all funds for the precedingstate fiscal year which shall include a report by independent certifiedpublic accountants, selected by the commissioner of the office ofadministration, attesting that the financial statements present fairly thefinancial position of the department in conformity with generally acceptedgovernment accounting principles. This report shall include amounts of:
(a) State revenues by sources, including all new state revenuederived from highway users which results from action of the generalassembly or voter-approved measures taken after August 28, 2003, andprojects funded in whole or in part from such new state revenue, andamounts of federal revenues by source;
(b) Any other revenues available to the department by source;
(c) Funds appropriated, the amount the department has budgeted andexpended for the following: contracts, right-of-way purchases, preliminaryand construction engineering, maintenance operations and administration;
(d) Total state and federal revenue compared to the revenue estimatein the fifteen-year highway plan as adopted in 1992.
All expenditures made by, or on behalf of, the department for personalservices including fringe benefits, all categories of expense andequipment, real estate and capital improvements shall be assigned to thecategories listed in this subdivision in conformity with generally acceptedgovernment accounting principles;
(2) A detailed explanation of the methods or criteria employed toselect construction projects, including a listing of any new orreprioritized projects not mentioned in a previous report, and anexplanation as to how the new or reprioritized projects meet the selectionmethods or criteria;
(3) The proposed allocation and expenditure of moneys and theproposed work plan for the current fiscal year, at least the next fouryears, and for any period of time expressed in any public transportationplan approved by either the general assembly or by the voters of Missouri.This proposed allocation and expenditure of moneys shall include theamounts of proposed allocation and expenditure of moneys in each of thecategories listed in subdivision (1) of this subsection;
(4) The amounts which were planned, estimated and expended forprojects in the state highway and bridge construction program or any otherprojects relating to other modes of transportation in the preceding statefiscal year and amounts which have been planned, estimated or expended byproject for construction work in progress;
(5) The current status as to completion, by project, of thefifteen-year road and bridge program adopted in 1992. The first writtenreport submitted pursuant to this section shall include the original costestimate, updated estimate and final completed cost by project. Eachwritten report submitted thereafter shall include the cost estimate at thetime the project was placed on the most recent five-year highway and bridgeconstruction plan and the final completed cost by project;
(6) The reasons for cost increases or decreases exceeding fivemillion dollars or ten percent relative to cost estimates and finalcompleted costs for projects in the state highway and bridge constructionprogram or any other projects relating to other modes of transportationcompleted in the preceding state fiscal year. Cost increases or decreasesshall be determined by comparing the cost estimate at the time the projectwas placed on the most recent five-year highway and bridge constructionplan and the final completed cost by project. The reasons shall includethe amounts resulting from inflation, department-wide design changes,changes in project scope, federal mandates, or other factors;
(7) Specific recommendations for any statutory or regulatory changesnecessary for the efficient and effective operation of the department;
(8) An accounting of the total amount of state, federal and earmarkedfederal highway funds expended in each district of the department oftransportation; and
(9) Any further information specifically requested by the jointcommittee on transportation oversight.
3. Prior to December first of each year, the committee shall hold anannual meeting and call before its members, officials or employees of thestate highways and transportation commission or department oftransportation, as determined by the committee, for the sole purpose ofreceiving and examining the report required pursuant to subsection 2 ofthis section. The committee shall not have the power to modify projects orpriorities of the state highways and transportation commission ordepartment of transportation. The committee may make recommendations tothe state highways and transportation commission or the department oftransportation. Disposition of those recommendations shall be reported bythe commission or the department to the joint committee on transportationoversight.
4. In addition to the annual meeting required by subsection 3 of thissection, the committee shall meet two times each year. The co-chairs ofthe committee shall establish an agenda for each meeting that may include,but not be limited to, the following items to be discussed with thecommittee members throughout the year during the scheduled meeting:
(1) Presentation of a prioritized plan for all modes oftransportation;
(2) Discussion of department efficiencies and expenditure ofcost-savings within the department;
(3) Presentation of a status report on department of transportationrevenues and expenditures, including a detailed summary of projects fundedby new state revenue as provided in paragraph (a) of subdivision (1) ofsubsection 2 of this section; and
(4) Implementation of any actions as may be deemed necessary by thecommittee as authorized by law.
The co-chairs of the committee may call special meetings of the committeewith ten days' notice to the members of the committee, the director of thedepartment of transportation, and the department of transportation.
5. The committee shall also review all applications for thedevelopment of specialty plates submitted to it by the department ofrevenue. The committee shall approve such application by a majority vote.The committee shall approve any application unless the committee receives:
(1) A signed petition from five house members or two senators thatthey are opposed to the approval of the proposed license plate and thereason for such opposition;
(2) Notification that the organization seeking authorization toestablish a new specialty license plate has not met all the requirements ofsection 301.3150, RSMo;
(3) A proposed new specialty license plate containing objectionablelanguage or design;
(4) A proposed license plate not meeting the requirements of anyreason promulgated by rule.
The committee shall notify the director of the department of revenue uponapproval or denial of an application for the development of a specialtyplate.
6. The committee shall submit records of its meetings to thesecretary of the senate and the chief clerk of the house of representativesin accordance with sections 610.020 and 610.023, RSMo.
(L. 1998 H.B. 1681 & 1342 merged with S.B. 883, A.L. 2003 H.B. 668, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 683 merged with H.B. 752)
(2009) Messages on specialty license plates communicate private, not government, speech; specialty plate program allows the State to engage in viewpoint discrimination and thus violates the First Amendment. Roach v. Stouffer, 560 F.3d 860 (8th Cir.).
Joint committee on transportation oversight, members, quorum--report,when, contents--meetings, examination of reports, recordsrequired to be submitted.
21.795. 1. There is established a permanent joint committee of thegeneral assembly to be known as the "Joint Committee on TransportationOversight" to be composed of seven members of the standing transportationcommittees of both the senate and the house of representatives and threenonvoting ex officio members. Of the fourteen members to be appointed tothe joint committee, the seven senate members of the joint committee shallbe appointed by the president pro tem of the senate and minority leader ofthe senate and the seven house members shall be appointed by the speaker ofthe house of representatives and the minority floor leader of the house ofrepresentatives. No major party shall be represented by more than fourmembers from the house of representatives nor more than four members fromthe senate. The ex officio members shall be the state auditor, thedirector of the oversight division of the committee on legislativeresearch, and the commissioner of the office of administration or thedesignee of such auditor, director or commissioner. The joint committeeshall be chaired jointly by both chairs of the senate and housetransportation committees. A majority of the committee shall constitute aquorum, but the concurrence of a majority of the members, other than the exofficio members, shall be required for the determination of any matterwithin the committee's duties.
2. The department of transportation shall submit a written reportprior to November tenth of each year to the governor, lieutenant governor,and every member of the senate and house of representatives. The reportshall be posted to the department's Internet web site so that generalassembly members may elect to access a copy of the report electronically.The written report shall contain the following:
(1) A comprehensive financial report of all funds for the precedingstate fiscal year which shall include a report by independent certifiedpublic accountants, selected by the commissioner of the office ofadministration, attesting that the financial statements present fairly thefinancial position of the department in conformity with generally acceptedgovernment accounting principles. This report shall include amounts of:
(a) State revenues by sources, including all new state revenuederived from highway users which results from action of the generalassembly or voter-approved measures taken after August 28, 2003, andprojects funded in whole or in part from such new state revenue, andamounts of federal revenues by source;
(b) Any other revenues available to the department by source;
(c) Funds appropriated, the amount the department has budgeted andexpended for the following: contracts, right-of-way purchases, preliminaryand construction engineering, maintenance operations and administration;
(d) Total state and federal revenue compared to the revenue estimatein the fifteen-year highway plan as adopted in 1992.
All expenditures made by, or on behalf of, the department for personalservices including fringe benefits, all categories of expense andequipment, real estate and capital improvements shall be assigned to thecategories listed in this subdivision in conformity with generally acceptedgovernment accounting principles;
(2) A detailed explanation of the methods or criteria employed toselect construction projects, including a listing of any new orreprioritized projects not mentioned in a previous report, and anexplanation as to how the new or reprioritized projects meet the selectionmethods or criteria;
(3) The proposed allocation and expenditure of moneys and theproposed work plan for the current fiscal year, at least the next fouryears, and for any period of time expressed in any public transportationplan approved by either the general assembly or by the voters of Missouri.This proposed allocation and expenditure of moneys shall include theamounts of proposed allocation and expenditure of moneys in each of thecategories listed in subdivision (1) of this subsection;
(4) The amounts which were planned, estimated and expended forprojects in the state highway and bridge construction program or any otherprojects relating to other modes of transportation in the preceding statefiscal year and amounts which have been planned, estimated or expended byproject for construction work in progress;
(5) The current status as to completion, by project, of thefifteen-year road and bridge program adopted in 1992. The first writtenreport submitted pursuant to this section shall include the original costestimate, updated estimate and final completed cost by project. Eachwritten report submitted thereafter shall include the cost estimate at thetime the project was placed on the most recent five-year highway and bridgeconstruction plan and the final completed cost by project;
(6) The reasons for cost increases or decreases exceeding fivemillion dollars or ten percent relative to cost estimates and finalcompleted costs for projects in the state highway and bridge constructionprogram or any other projects relating to other modes of transportationcompleted in the preceding state fiscal year. Cost increases or decreasesshall be determined by comparing the cost estimate at the time the projectwas placed on the most recent five-year highway and bridge constructionplan and the final completed cost by project. The reasons shall includethe amounts resulting from inflation, department-wide design changes,changes in project scope, federal mandates, or other factors;
(7) Specific recommendations for any statutory or regulatory changesnecessary for the efficient and effective operation of the department;
(8) An accounting of the total amount of state, federal and earmarkedfederal highway funds expended in each district of the department oftransportation; and
(9) Any further information specifically requested by the jointcommittee on transportation oversight.
3. Prior to December first of each year, the committee shall hold anannual meeting and call before its members, officials or employees of thestate highways and transportation commission or department oftransportation, as determined by the committee, for the sole purpose ofreceiving and examining the report required pursuant to subsection 2 ofthis section. The committee shall not have the power to modify projects orpriorities of the state highways and transportation commission ordepartment of transportation. The committee may make recommendations tothe state highways and transportation commission or the department oftransportation. Disposition of those recommendations shall be reported bythe commission or the department to the joint committee on transportationoversight.
4. In addition to the annual meeting required by subsection 3 of thissection, the committee shall meet two times each year. The co-chairs ofthe committee shall establish an agenda for each meeting that may include,but not be limited to, the following items to be discussed with thecommittee members throughout the year during the scheduled meeting:
(1) Presentation of a prioritized plan for all modes oftransportation;
(2) Discussion of department efficiencies and expenditure ofcost-savings within the department;
(3) Presentation of a status report on department of transportationrevenues and expenditures, including a detailed summary of projects fundedby new state revenue as provided in paragraph (a) of subdivision (1) ofsubsection 2 of this section; and
(4) Implementation of any actions as may be deemed necessary by thecommittee as authorized by law.
The co-chairs of the committee may call special meetings of the committeewith ten days' notice to the members of the committee, the director of thedepartment of transportation, and the department of transportation.
5. The committee shall also review all applications for thedevelopment of specialty plates submitted to it by the department ofrevenue. The committee shall approve such application by a majority vote.The committee shall approve any application unless the committee receives:
(1) A signed petition from five house members or two senators thatthey are opposed to the approval of the proposed license plate and thereason for such opposition;
(2) Notification that the organization seeking authorization toestablish a new specialty license plate has not met all the requirements ofsection 301.3150, RSMo;
(3) A proposed new specialty license plate containing objectionablelanguage or design;
(4) A proposed license plate not meeting the requirements of anyreason promulgated by rule.
The committee shall notify the director of the department of revenue uponapproval or denial of an application for the development of a specialtyplate.
6. The committee shall submit records of its meetings to thesecretary of the senate and the chief clerk of the house of representativesin accordance with sections 610.020 and 610.023, RSMo.
(L. 1998 H.B. 1681 & 1342 merged with S.B. 883, A.L. 2003 H.B. 668, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 683 merged with H.B. 752)
(2009) Messages on specialty license plates communicate private, not government, speech; specialty plate program allows the State to engage in viewpoint discrimination and thus violates the First Amendment. Roach v. Stouffer, 560 F.3d 860 (8th Cir.).
