SB386 By Senator Sanford RFD Transportation and Energy Rd 1 16-APR-15

SYNOPSIS: Under existing law, the Department of Transportation is under the direction of the director who is appointed by the Governor.

This bill would create the State Transportation Commission composed of nine members appointed by the Governor from the nine divisions of the department to coordinate and develop the activities of the department.

This bill would provide for the appointment of the director of the department by the commission and for the duties of the director.

This bill would also remove the department from application of the Budget Management Act.

A BILL TO BE ENTITLED AN ACT

Relating to the Department of Transportation; to establish the State Transportation Commission; to provide for the members, duties, responsibilities, and compensation and expenses of the commission; to prohibit a person serving on the commission from benefiting by entering into employment with or contracting with companies that do business with the department while serving on the commission or for a period of two years thereafter; to amend Sections 23-1-21 and 23-1-21.2, Code of Alabama 1975, relating to the appointment and authority of the Director of the Department of Transportation; to provide further for the appointment and duties of the director; and to remove the department from application of the Budget Management Act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) There is created a State Transportation Commission which shall consist of nine members appointed by the Governor. One member shall be appointed from each division of the Department of Transportation as provided in Section 2.

(b) The members appointed from Divisions One, Four, and Seven of the department shall serve an initial term of two years. The members appointed from Divisions Two, Five, and Eight of the department shall serve an initial term of four years. The members appointed from the Divisions Three, Six, and Nine of the department shall serve an initial term of six years. After the terms of the initial appointments end, members shall be appointed for terms of six years. A member shall serve until a successor is appointed and qualified. A member of the commission may not serve consecutive terms. The membership of the commission shall be inclusive and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(c) If any one or more of the commission members dies, resigns, or is removed from office, the Governor shall fill the vacancy by appointment for the unexpired term within 30 days after the vacancy occurs.

(d) The commission shall elect from its members a chair. Five members of the commission shall constitute a quorum for the transaction of the official business of the commission.

(e) The members of the commission shall serve part-time in the performance of their official duties, and shall hold no other office of profit during their incumbency. Members may not be employed in the roadbuilding industry, or any affiliated industry, or as a lobbyist.

(f) The compensation of the members of the commission shall be 30 percent of the compensation of the cabinet members of the Governor pursuant to Section 36-6-6, Code of Alabama 1975, and the compensation shall be paid in installments from the State Treasury in the same manner that the compensation of other state officers is paid.

(g) Before entering upon the duties of the office, each commission member shall execute to the state a bond, to be approved by the Governor and in an amount fixed by the Governor, for the faithful performance of his or her duties.

(h) The necessary office, supplies, stationery, and equipment shall be provided for the commission by the State Department of Transportation. Each member of the commission shall maintain an office in the division headquarters in his or her division.

(i) Meetings of the commission shall be held at the call of the chair or as may be determined by a quorum of the commission.

(j) The commission shall assume all duties of the Director of the Department of Transportation unless the commission by resolution delegates the duties to the director.

(k) No person who serves on the commission may enter employment with or contract with a company or organization or enter employment with or contract with a company or organization that contracts with a company or organization that benefits from work approved by the commission during the time the person is a member of the commission. If a person who has served on the commission becomes employed or contracts with a company or organization, that company or organization may not enter into contracts with the department, either directly or indirectly, for a period of two years after the completion of his or her term of service as a member of the commission.

(l) Commission members shall be subject to the State Ethics Law.

Section 2. The Divisions of the State Department of Transportation for the purpose of the appointment of members of the commission are as follows:

(1) Division One: Cherokee, Cullman, DeKalb, Etowah, Jackson, Limestone, Madison, Marshall, and Morgan Counties.

(2) Division Two: Colbert, Franklin, Lauderdale, Lawrence, Marion, and Winston Counties.

(3) Division Three: Blount, Jefferson, Shelby, St. Clair, and Walker Counties.

(4) Division Four: Calhoun, Chambers, Clay, Cleburne, Coosa, Lee, Randolph, Russell, Talladega, and Tallapoosa Counties.

(5) Division Five: Bibb, Chilton, Fayette, Greene, Hale, Lamar, Perry, Pickens, and Tuscaloosa Counties.

(6) Division Six: Autauga, Bullock, Butler, Dallas, Elmore, Lowndes, Macon, and Montgomery Counties.

(7) Division Seven: Barbour, Crenshaw, Coffee, Convington, Dale, Geneva, Henry, Houston, and Pike Counties.

(8) Division Eight: Clarke, Choctaw, Marengo, Monroe, Sumter, Washington, and Wilcox Counties.

(9) Division Nine: Baldwin, Conecuh, Escambia, and Mobile Counties.Section 3. Sections 23-1-21 and 23-1-21.2 are amended to read as follows:

§23-1-21.

"(a)(1) The chief executive officer of the State Department of Transportation shall be known as the Director of Transportation, who shall be appointed by the Governor State Transportation Commission and shall hold office at the pleasure of the Governor. All the powers, authority, and duties vested in the State Department of Transportation shall be exercised by the Director of Transportation commission. The Director of Transportation shall have the powers, authority, and duties delegated to him or her by the commission.

"(2) Before entering upon the duties of office, the Director of Transportation shall execute to the State of Alabama a bond, to be approved by the Governor commission, in an amount to be fixed by the Governor commission, for the faithful performance of his or her duties.

"(b) The Director of the Department of Transportation shall have the following minimum qualifications:

"(1) Possess a wide knowledge of the transportation system and needs of the state.

"(2) Possess a wide knowledge of the principles of transportation organization and administration.

"(3) Possess selected training or expertise in the field of transportation.

"(c) No person who is a member of the commission within two years next preceding his or her service on the commission shall be eligible to be chosen as director of the department. The position of director shall be a full-time position.

"(d) In the event of a vacancy in the office of the director, the chief engineer of the department shall serve as acting director until the commission selects a replacement. The commission shall name a new director within 90 days after a vacancy.

§23-1-21.2.

"(a) The director, acting alone or through, and in cooperation with local entities, is hereby delegated the authority to:

"(1) Enter into agreements with local entities to provide public transportation and to administer any program or programs, whether rural or urban, relative to public transportation resulting from federal transportation legislation. This shall include, but not be limited to, applying for, accepting, and expending federal public transportation funds in accordance with applicable federal laws and regulations.

"(2) Enter into agreements with the United States for federal assistance for public transportation.

"(3) Enter into agreements with local entities to perform and/or cooperate in the performance of transportation planning for public transportation improvements. However, the director shall not perform such planning until such time as the local entities affected enter into agreement with the director to carry out a planning process.

"(4) Provide any available technical assistance to local entities for formulating a program of public transportation projects to assure that said projects are in accordance with the comprehensive transportation planning process where such process is established and is a prerequisite for federal assistance.

"(5) Administer any state funds authorized from time to time by the Legislature for the purpose of public transportation.

"(6) Develop and promulgate such rules and regulations as are determined necessary to insure compliance with federal laws and regulations.

"(b) In addition to the duties listed in subsection (a), the director shall do all of the following:

"(1) Administer the rules promulgated by the commission.

"(2) Supervise and direct all administrative and technical activities of the department.

"(3) Organize the offices of the department.

"(4) Coordinate the activities of the various offices of the department.

"(5) Recommend studies and investigations, subject to commission approval, as he or she may deem appropriate and implement the approved recommendations in conjunction with the various offices.

"(6) Prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at other times as may be required by the Legislature or Governor, a full report of the work of the department and the office thereof, including a detailed statement of expenditures of the department, a detailed construction update, information concerning the status of roads, mass transit, and aviation, and any recommendations the department may have.

"(7) Have general supervision over all matters relating to the construction or maintenance of state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving, or relocation of all personnel not specifically authorized by statute to be employed by the commission. The director may authorize the payment of expenses of any personnel reassigned, transferred, moved, or relocated in accordance with rules as are promulgated by the commission.

"(8) Sign all contracts and agreements in the name of the state."

Section 4. The provisions of the Budget Management Act to the contrary notwithstanding, neither the Governor nor the Finance Director may withhold funds, deny transfer of funds, or redirect specific projects contrary to either the five-year plan of the commission or the annual revenue and expenditure plan of the commission.

Section 5. This act shall become effective on the first day of the next term of the Governor following its passage and approval by the Governor, or its otherwise becoming law.

Transportation Department

Highways, Roads, and Bridges

State Agencies

Boards and Commissions

Transportation Commission

Code Amended