Legislation

In about half the states, DOTs can draft, introduce or request transportation-related legislation.

Legislatures must authorize the activities of the executive branch through legislation, and they also enact many laws that affect state DOTs and the nation's transportation system. This power generally is balanced on the executive side by governors' veto authority. In many states, DOTs also can participate actively in the legislative process.

 For example, DOTs can draft, introduce or request transportation-related legislation in at least 22 states and the District of Columbia; in Wyoming, the process of drafting transportation-related legislation is fully collaborative. In Florida, Georgia, Iowa and Missouri, DOT lobbyists formally present DOT positions on legislative measures, but in some other states-including Louisiana and Texas-the DOT does not lobby the legislature. In Texas, however, although state agency employees may not influence legislation, the Texas Transportation Commission has statutory authority to provide recommendations to the governor and the Legislature on DOT operations and efficiencies.

In addition, some state DOTs provide information about the implications of proposed transportation-related legislation. All state legislatures have a process by which some or all proposed bills are accompanied by details of their fiscal implications, although the frequency of providing this information varies. In almost all states, these fiscal notes are prepared by a legislative fiscal office, sometimes-as in Missouri, Oregon and Texas-informed by data or impact statements solicited from affected agencies such as DOTs. In Alaska, Minnesota, North Dakota, West Virginia and Wisconsin, however, DOTs and other executive departments prepare fiscal notes.

Some state DOTs lobby the legislature or provide information about the policy or fiscal implications of proposed transportation-related legislation.

DOTs in Virginia and Wisconsin also provide analyses of policy implications. These activities can add to an agency's workload, but also offer another opportunity for legislative-executive communication and collaboration.

DOTs also track and monitor transportation-related bills, testify at legislative hearings, provide requested information to legislators and legislative staff, or make recommendations concerning proposed legislation.