Legislation

One main power of the legislative branch is to enact the laws of the state. Legislatures must authorize the activities of the executive branch through legislation, and they also pass many laws that affect state DOTs and the nation's transportation system. Relevant laws include those that concern DOT establishment, leadership and organizational structure; legislative oversight mechanisms; performance goals and reporting requirements; revenue sources-including bonds and taxes-and allowable use of these revenues; procurement and financing methods; transportation planning processes; and budget and appropriations bills. The legislature also may choose to enact statutory sunset provisions that cause DOT programs or authorizations to expire after a certain period of time. Arizona, California, Missouri, North Dakota, Texas and Utah, for example, have sunset provisions on certain DOT design-build authorizations.8

Generally, the legislature's lawmaking power is balanced by constitutionally granting veto authority to the chief officer of the executive branch, the governor. Governors in all states are authorized to veto entire bills; many states also allow the governor to use partial veto methods, including line item or amendatory vetoes.9 In some cases, an executive agency such as a DOT may request that the governor exercise this power if the agency has concerns about a particular piece of legislation. Many states also have other means by which DOTs can participate more actively in the legislative process. These include drafting and presenting legislation; lobbying; and providing fiscal notes or policy analyses for proposed bills.