1. (A) The congressional districts of this State are constituted and created Department of Transportation Districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

2. (B)

   1. (1) Candidates for election to the commission must be screened by the Joint Transportation Review Committee, as provided in Article 7 of this chapter, and determined to meet the qualifications contained in subsection (C) in order to be eligible for election.
   2. (2) The at-large appointment made by the Governor must be transmitted to the Joint Transportation Review Committee. The Joint Transportation Review Committee must determine whether the at-large appointee meets the qualifications in subsection (C) and report its findings to the General Assembly and the Governor. Until the Joint Transportation Review Committee finds a gubernatorial appointee qualified, the appointee must not take the oath of office and the full rights and privileges and powers of the office shall not vest.

3. (C) The qualifications that each commission member must possess, include, but are not limited to:

   1. (1) a baccalaureate or more advanced degree from:

      1. (a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
      2. (b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
      3. (c) an institution of higher learning chartered before 1962; or

   2. (2) a background of at least five years in any combination of the following fields of expertise:

      1. (a) transportation;
      2. (b) construction;
      3. (c) finance;
      4. (d) law;
      5. (e) environmental issues;
      6. (f) management; or
      7. (g) engineering.

4. (D) No member of the General Assembly or member of his immediate family shall be elected or appointed to the commission while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be elected or appointed to the commission for a period of four years after the member either:

   1. (1) ceases to be a member of the General Assembly; or
   2. (2) fails to file for election to the General Assembly in accordance with Section 7-11-15.

HISTORY: 1993 Act No. 181, Section 1504; 2007 Act No. 114, Section 5, eff June 27, 2007.