Bill Summary for Bill Number HB09-1026

Date: 01/29/2009

Final
BILL SUMMARY for HB09-1026

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View-->	Action Taken:
Moved amendment L.001 (Attachment D) as amended. Moved amendment L.003 (Attachment E). The motion Moved amendment L.004 (Attachment F) to L.001 (Att Moved amendment L.005 (Attachment G). The motion Moved to refer House Bill 09-1026, as amended, to	Pass Without Objection Pass Without Objection PASS Pass Without Objection PASS TIE

09:48 AM -- House Bill 09-1026

Representative Green called the meeting to order.

Representative Marostica, prime sponsor of House Bill 09-1026, discussed the merits of the bill. Representative Marostica provided handouts to the committee members (Attachments A, B, and C). The legislation would update statutes pertaining to low-power scooters, motorcycles, and segway scooters. The legislation would also place new insurance requirements for low-power scooters. Representative Marostica discussed the fiscal impact of the bill and specific sections of the legislation.

10:01 AM

Representative Marostica responded to questions from members of the committee. Representative Looper asked for clarification of bill's intent. Representative Marostica stated that redefinition of existing statutes is important for law enforcement purposes. He further stated that the bill would improve upon antiquated statutes not appropriate for modern technologies.

10:04 AM

Representative Primavera asked what helmet requirements the bill would require. Representative Marostica responded that witnesses representing the powersports industry would be more suited to respond to this question.

10:08 AM
Representative Marostica discussed L.001 (Attachment D). Representative Primavera asked clarifying questions on the amendment and whether the definitions included are for new devices. Representative Looper asked a question on whether power-scooters used by senior citizens will be impacted by the legislation.

10:11 AM

Representative Marostica discussed Amendment L.003 (Attachment E). Representative Frangas made a procedural point about the order of amendments considered and settled questions.

10:16 AM

Representative Green asked for witnesses to testify regarding the bill.

10:16 AM -- Mr. Jerry Abboud, representing the Powersports Dealers Association of Colorado (PDAC), testified in support of the bill. Mr. Abboud responded to Representative Primavera's question on helmet requirements. Representative Looper asked if restrictions exist regarding operating such vehicles on interstate highways. Mr. Abboud responded that a representative of the Colorado State Patrol will testify and could respond to this question. Representative Fischer asked if scooter vendors educate customers on pertinent traffic and safety laws. Mr. Abboud responded that speeding awareness is a problem and discussed related sections of the bill. Representative Baumgardner asked if power-scooters and similar vehicles have the capability to exceed speed limits.

10:32 AM -- Representative Frangas asked Mr. Abboud to discuss consumer protections for such vehicles. Representative Looper stated her concerns that consumers may not be aware of driver license requirements. Mr. Abboud responded that powersports dealers must act reputably and responsibly, and that required manuals and materials contain necessary safety and legal information.

10:34 AM -- Mr. Terry Campbell, representing the Colorado State Patrol, testified in support of the bill. Mr. Campbell responded to Representative Looper's question, stating that the bill provides information on appropriate locations for vehicle operation. Mr. Campbell also provided information on operational limitations on low-power scooters and similar vehicles.

10:39 AM -- Mr. Matt DaLida, representing Segway, Inc., testified in support of the bill. Mr. DaLida discussed the history of segway scooters, and proactive industry efforts to work with various governments on regulations. Representative Primavera asked for clarification pertaining to use of sidewalks by segway scooters. Mr. DaLida stated that local governments would be permitted to authorize community-specific segway laws, such as sidewalk restrictions.

10:47 AM -- Representative McFadyen asked for other witnesses testifying on behalf of Segway, Inc. Mr. James Wolcott and Mr. Thomas Jardee, both representing Segway, Inc., stated their support for the bill without offering testimony.

10:48 AM -- Ms. Diana Greenberg, representing Rocky Mountain Segway, testified in support of the bill.

10:51 AM -- Mr. Donovan Facy, representing the Extreme Performance Center, testified in support of the bill. Mr. Facy discussed current industry trends and provided information on segway scooters. Representative Frangas asked Mr. Facy if the bill could have unintended consequences for local business owners.

10:59 AM -- Mr. Dan Grunig, representing Bicycle Colorado, testified in support of the bill.

11:01 AM -- Ms. Linda Reynolds, representing Colorado Adventure Segway Tours, testified in support of the bill. Ms. Reynolds stated that her company's segway tours currently use sidewalks. Mr. Reynolds further described her business and the efficiency of segway scooters as a transportation mode. She also stated the importance of such vehicles for individuals with medical conditions and disabilities that are unable to walk long distances. Representative Primavera asked clarifying questions about sidewalk use by segway scooters.

11:06 AM -- Ms. Sheryl Hutter, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Hutter expressed concerns that the bill's wording could limit mobility scooters for individuals with disabilities. Mr. Jery Payne, Office of Legislative Legal Services, responded to Ms. Hutter's question. Representative McFadyen asked Representative Marostica to work with Ms. Hutter on making appropriate changes to the bill.

11:09 AM

Representative McFadyen closed the witness phase.


BILL:	HB09-1026
TIME:	11:20:00 AM
MOVED:	Green
MOTION:	Moved amendment L.004 (Attachment F) to L.001 (Attachment D). The motion passed on a 10-1 roll call vote.
SECONDED:	Vaad
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	No
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1026
TIME:	11:10:45 AM
MOVED:	Fischer
MOTION:	Moved amendment L.001 (Attachment D) as amended. The motion passed without objection.
SECONDED:	Merrifield
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

11:11 AM -- Representative Marostica explained L.004 and its intent. Representative Primavera asked clarifying questions. Discussions by the committee members ensued.


BILL:	HB09-1026
TIME:	11:22:57 AM
MOVED:	Merrifield
MOTION:	Moved amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1026
TIME:	11:23:37 AM
MOVED:	Primavera
MOTION:	Moved amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1026
TIME:	11:24:03 AM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 09-1026, as amended, to the Committee on Appropriations. The motion passed on an 11-0 roll call vote.
SECONDED:	Looper
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS