S U M M A R Y  O F  P R O C E E D I N G S

JOINT TRANSPORTATION AND HIGHWAYS INTERIM COMMITTEE

Capitol Building, Room 302

213 Capitol Building,

Thursday & Friday,

May 23 & 24, 2002

PRESENT:      Senator Bill Barton and Representative Wayne Johnson, Cochairmen.

                        Senators Tex Boggs, Gerald E. Geis and Bill Vasey.

                       Representatives Roy Cohee, David R. Edwards, Floyd A. Esquibel Gerald Gay, Charles Hessenthaler, George "Bud" Nelson and Louie Tomassi.

                        Members of the Transportation, Commission Delbert Eitel, chairman, and Tim Joannides.

                        Legislative Service Office:  Karen Ashcraft Byrne,

                        Staff Attorney.

                        Others Present – see Appendix 1 for May 23, 2002 and Appendix 2 for May 24, 2002.

ABSENT         Senator Dick Erb and Representative Marlene Simons.

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May 23, 2002 - Morning

Cochairman Johnson called the meeting to order at approximately 9:00 a.m.  The order of the meeting generally followed the prepared agenda [see Appendix 3].

School Bus Seatbelts.

The committee was given a fact sheet from the National Highway Traffic Safety Administration [NHTSA] regarding its May 7, 2002 test report about school bus seatbelts [see Appendix 4(a)].  Leeds Pickering, program manager of the Department of Education, gave an update on school bus seat belts.  He testified generally in accordance with Appendices 4(b) and 5.  The NHTSA report concluded that seatbelts [shoulder and waist] would not provide added safety.  Previously, they had determined that waist belts did not provide added safety.  He stated that school buses are "compartmentalized" and the point of impact is generally below the level of the seat.  He stated that school buses are eight times safer than automobiles.  Wyoming transports thirteen million children a year and only 15.4 are injured.  He stated that the most severe danger is "fly bys."  Last year there were 50,046 documented cases of cars improperly driving by stopped school buses.

Commercial driver's licenses–WDOT

The committee discussed whether Department of Transportation employees should be required to pass a similar medical exam as persons with commercial driver's licenses for similar positions [the state is exempt from federal regulations regarding commercial driver's licenses].  Sleeter Dover, director of the Department of Transportation, stated that the commercial driver's license requirements are very stringent; that the department would lose 25% of its maintenance force if they had to meet the medical requirement; and that the department has difficulty competing with other companies for heavy equipment operators.  He stated that the department had prepared a policy [Appendix 6-1] that would require employees in various positions to get a medical examination every three years at a cost of $30,000.00.  It was learned that school bus drivers have been required to meet commercial driver's license requirements since 1995.  The committee agreed that the matter was best dealt with by policy/rules instead of by statute but that the department should consider a two year requirement instead of three.

Effect of NAFTA

The committee discussed the effects of the North American Free Trade Agreement with Mexico and Canada.  All drivers from other countries are subject to our traffic laws and must know enough English to understand our signs.  The committee discussed the problem of people buying cars in Canada and then being unable to register them in this country.  This is a problem for car dealerships as well.  It was suggested that we need a national title law.

Uniform driver's licensing or other identification card system

The committee discussed the possibility of a national identification card or a state identification card for persons who need identification but are unable to obtain a driver's license.  There were concerns raised about the government tracking too much information and invading individual privacy.  It was decided to wait and see what the federal government is planning on doing before the committee takes any action.

Railroad temporary employees' vehicle registration

The committee discussed railroad and other employees who are temporarily working in the state having to obtain vehicle registrations.  [See Appendix 7].  Sleeter Dover stated that he had attempted to get reciprocal agreements with several states but only Illinois, Nebraska, Idaho and New Mexico had responded.  It was suggested that a grace period be given to temporary workers or a pro rata registration fee.  The committee took no action on the matter.

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May 23, 2002 - Afternoon

Cochairman Barton called the afternoon meeting to order at approximately 1:30 p.m.  The order of the meeting generally followed the prepared agenda [see Appendix 3].

Graduated Driver's License for Teenagers

Lorrie Pozaik, Impaired Driving Coalition, and Debra Ornelas, Department of Transportation, testified generally in accordance with Appendices 6-2, 8 and 9 about the benefits of having graduated driver's licenses for teenagers.  Only four states do not have some form of graduated driver's licenses for young drivers.  Senator Geis moved to pursue draft legislation; Representative Esquibel seconded the motion; the motion passed 12 to 0.

Meeting with the Counter Terrorism Commission

The committee met with the Counter Terrorism Commission:  Major General Ed Boenisch, National Guard, Dr. Brent Sherard, Department of Health, Sleeter Dover, Department of Transportation and John Renneisen, Attorney General's Office.  The commission informed the committee of its activities generally in accordance with Appendices 10 and 11.  They proposed that the committee sponsor legislation to combat terrorism.  The committee will determine what action they will take at a later time.  The committee was concerned about innocent individuals being affected or profiled and also with funding.  The federal government is planning to fund some of the state's projects.  It was pointed out that an improved public safety mobile communication system is essential.  [Appendix 12].

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May 24, 2002

Cochairman Johnson called the meeting to order at approximately 9:00 a.m.  The order of the meeting generally followed the prepared agenda [see Appendix 3].

Wyoming Department of Transportation Video

The Wyoming Department of Transportation presented the first video in a three part series. This video explained how the department determines what roads should be repaired.  The other videos will explain the design and construction processes.

Collecting fines for the use of exempt fuel in nonexempt vehicles

The committee next addressed the problem of nonexempt vehicles using exempt fuel.  The Department of Transportation testified generally in accordance with Appendices 6-3 and 13.  The committee reviewed Colorado's law regarding the matter.  [Appendix 14].  The committee discussed various methods of collecting this tax.  Senator Geis moved, Representative Tomassi seconded and the motion passed for draft legislation addressing this problem.  The department was also encouraged to pursue electronic reporting of fuel consumption instead of paper documents.

Railroad fencing amendments

The department of transportation has promulgated rules regarding fireguards, fencing of railroad property and claims for injury to livestock.  [See appendix 6-4].  Thus, the committee does not need to take action on this subject at the present time.  Various persons spoke in favor of the rules stating that they would like a chance to see if the rules will solve the problems.

Transportation of hazardous materials

Sleeter Dover and Del McOmie, Department of Transportation, discussed the transportation of hazardous materials [hazmat] generally in accordance with Appendix 6-5, 15 and 15 (a).  Generally there is a hazmat accident or spill every day in Wyoming.  The committee discussed the various methods of transportation, including rail road travel.  They also discussed the effects of terrorists and the types of containers used.  The federal government is planning to have 400 carloads of radioactive waste transported annually to Yucca Mountain, Nevada over a twenty year period.

Multi-lane state highways - funding

The Department of Transportation requested that the committee sponsor several pieces of legislation in order to fund multi-lane highways around the state.  [Appendices 6-6 and 16].  Commissioner Eitel encouraged the committee to vote favorably for the bills and stated that, upon request, the department would talk to service groups regarding multi-lane highways.  The department discussed why the present tax is insufficient to fund more highways:  the department wants to be prepared for future growth and also open up the infrastructure to promote growth.  Representative Tomassi moved and Senator Geis seconded that the three cent tax legislation, one with exemptions off and one with exemptions on, and the beginning funding legislation be drafted.  The motion passed 10 to 2.  Senator Vasey moved and Senator Geis seconded that monies be de-earmarked to provide funding for multi-lane highways and that the committee be informed as to the ramifications of de-earmarking.  The motion passed 11 to 1.

New business

Concerns were addressed regarding safety in construction areas.

Adjournment.

It was decided that the next Committee meeting would be decided by the cochairmen after Management Council has made a decision regarding the committee's request for monies for extra meetings of the committee for the purpose of coordinating Homeland Security issues. 

There being no further business, Cochairman Johnson adjourned the meeting at approximately 12:30 p.m.

Respectfully submitted,

Representative Wayne Johnson

Cochairman