Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:03/10/2009
ATTENDANCE
Time:01:33 PM to 03:25 PM
Baumgardner
X
Fischer
X
Place:HCR 0107
Frangas
X
King S.
X
This Meeting was called to order by
Looper
*
Representative McFadyen
McNulty
X
Merrifield
X
This Report was prepared by
Primavera
X
Kurt Morrison
Vaad
X
Green
X
McFadyen
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-039
SB09-014
SB09-107
HB09-1176
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:33 PM -- Senate Bill 09-039

Representative McFadyen called the committee to order. A quorum was present.

01:34 PM

Representative Curry, prime sponsor of Senate Bill 09-039, discussed the merits of the bill. The bill would authorize cooperative electric associations (CEAs) to approve any revenue-neutral rate, charge, service, classification, or facility that establishes a graduated rate for increased energy consumption by residential customers. Representative Curry responded to questions from committee members. Supporting letters and a handout were provided to the committee (Attachments A, B, and C).

090310AttachA.pdf 090310AttachB.pdf 090310AttachC.pdf

01:38 PM

Representative McFadyen asked for witnesses to testify regarding the bill.


01:39 PM --
Mr. Del Worley, representing Holy Cross Energy, testified in support of the bill. Mr. Worley discussed tiered rate systems and explained potential benefits for energy cooperatives. He also provided additional information on Holy Cross Energy and its services provided to customers. Holy Cross Energy also provides free energy audits and conservation education services for youth. Mr. Worley responded to questions from committee members. Representative Vaad asked Mr. Worley to comment on how excess revenues created due to tiered rates would be handled.

01:45 PM --
Mr. Kent Singer, representing Holy Cross Energy, offered to respond to questions from committee members. Representative Vaad asked Mr. Singer to respond to his earlier question on excess revenues and rate tiers.

01:48 PM --
Mr. Ray Clifton, representing the Colorado Rural Electric Association, testified in support of the bill. Mr. Clifton stated that the bill is an additional means to implement energy efficiency and conservation.

01:50 PM --
Mr. John Villyard, representing the San Luis Valley Rural Electric Cooperative, testified in support of the bill.

01:51 PM --
Ms. Pam Kiely, representing Environment Colorado, testified in support of the bill. Ms. Kiely discussed current challenges to achieve greater energy efficiency that is also affordable for consumers.

01:54 PM

Representative McFadyen closed the witness phase.

01:55 PM

Rep. Curry provided closing comments and asked for an affirmative vote by the committee.
BILL:SB09-039
TIME: 01:55:00 PM
MOVED:Fischer
MOTION:Moved to refer Senate Bill 09-039 to the Committee of the Whole. 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




01:57 PM -- Senate Bill 09-014

Representative Sonnenberg, prime sponsor of Senate Bill 09-014, discussed the merits of the bill. The bill would allow vehicles with deficient splash guards to remain on the road for a limited time until an appropriate opportunity to replace the splash guards. Representative Sonnenberg discussed current law for trucks with damaged splash guards and responded to questions from committee members.

02:00 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

02:00 PM --
Mr. R.J. Hicks, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Hicks discussed current law pertaining to splash guards and challenges posed for motor carriers. Mr. Hicks responded to questions from committee members.

02:02 PM

Representative McFadyen closed the witness phase.
BILL:SB09-014
TIME: 02:02:49 PM
MOVED:McNulty
MOTION:Moved to refer Senate Bill 09-014 to the Committee of the Whole. The motion passed on an 11-0 roll call vote.
SECONDED:Baumgardner
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



02:03 PM -- Senate Bill 09-107

Representative Looper, prime sponsor of Senate Bill 09-107, discussed the merits of the bill. The bill would extend to 12 months the time that a notarized bill of sale exempts a motor vehicle that is at least 25 years old from requiring a bonded title when the vehicle does not have an existing title. Representative Looper explained that current law requires a bonded title after 45 days.

02:05 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

02:05 PM --
Mr. Harold Naber, representing the Old Car Council of Colorado, testified in support of the bill. Mr. Naber discussed the process to establish vehicle ownership and responded to questions from committee members. Responding to a question from Representative Baumgardner, Mr. Naber discussed the time required to receive a vehicle salvage title.

02:10 PM --
Mr. John Mack, representing the Old Car Council of Colorado, testified in support of the bill. Mr. Mack discussed the impact that the bill would have for automobile restorers and responded to questions from committee members.

02:12 PM

Representative McFadyen closed the witness phase.
BILL:SB09-107
TIME: 02:12:42 PM
MOVED:Looper
MOTION:Moved to refer Senate Bill 09-107 to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:Green
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Yes
McNulty
Yes
Merrifield
Excused
Primavera
Yes
Vaad
Yes
Green
Yes
McFadyen
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




02:13 PM -- House Bill 09-1176

Representative Green, prime sponsor of House Bill 09-1176, discussed the merits of the bill. The bill would make statutory changes to the permitting and licensing process for minor drivers. The bill was previously heard by the committee at its February 5, 2009, and March 3, 2009, meetings. Representative Green provided copies of Amendment L.019 to the committee (Attachment D).

090310AttachD.pdf

02:16 PM

Representative Green moved Amendment L.014, and Amendment L.019 to Amendment L.014. Representative McFadyen acknowledged individuals wishing to provide testimony, and stated that testimony would be taken during the active motion.

02:18 PM

Representative Green discussed Amendment L.019 (Attachment D). The amendment would amend Amendment L.014, distributed during a previous committee meeting, by requiring the Department of Revenue to not issue a driver's license to an individual under 18 years of age unless he or she has completed a four-hour prequalification driver awareness program. Representative Green responded to questions from committee members specific to L.019 and L.014. Representative McFadyen asked Representative Green to discuss what state law would be should the bill pass. Representative Green described what requirements would be imposed according to age range.

02:29 PM

Representative McFadyen provided clarification to the committee on changes the bill would make to existing state law. Representative Green responded to questions from committee members and provided further information on requirements in place for an individual holding a driver's permit to receive a driver's license.

02:36 PM

Representative McFadyen asked for remaining witnesses to testify regarding the bill.

2:36 PM -- Ms. Laurie Becker, representing herself, testified regarding the bill. Ms. Becker stated that there is a lack of research demonstrating a correlation between certain driver education methods and driver safety. Ms. Becker stated particular concerns regarding Internet-based driver education. Responding to a question from Representative Primavera, Ms. Becker discussed the proposed 30-hour training provision.

2:44 PM

Representative Primavera asked if the Department of Revenue currently regulates Internet-based driver education programs. Ms. Becker stated concerns that existing driver education programs would be unable to handle the increased customers seeking to meet new statutory driver education requirements.


2:48 PM

Representative Green responded to the witness testimony received during previous committee meetings. Representative Green further discussed existing gaps in requirements for minor drivers of varying ages.

2:51 PM -- Ms. Annmarie Jensen, representing various driver education schools, testified regarding the bill. Ms. Jensen discussed requirements imposed upon Internet-based driver education programs. She further stated that she has seen no research supporting the claim that Internet-based programs are inferior to traditional classroom programs. Ms. Jensen further stated that the bill would be both cost effective, while still meeting federal and state requirements.

02:57 PM

Representative Frangas asked for clarification on a memorandum provided by the Legislative Council Staff (Attachment G). The memorandum provides a visual presentation of requirements imposed by current state law and Amendment L.014. Representative Green discussed Amendment L.019.

090310AttachG.pdf
BILL:HB09-1176
TIME: 03:00:00 PM
MOVED:Green
MOTION:Moved amendment L.019 (Attachment D) to L.014 (Attachment E). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:02 PM

Representative Green discussed Amendment L.018 (Attachment F) to amend Amendment L.014 (Attachment E). Representative Green stated that L.018 would require driver education organizations to conduct criminal history background checks on instructors and restrict individuals convicted of a felony from serving as a driving education instructor.

090310AttachE.pdf

03:07 PM

The committee recessed.

03:13 PM

The committee returned to order.

03:13 PM

Responding to questions from committee members, Mr. Jery Payne, Office of Legislative Legal Services, stated that Amendment L.018 is specific to individuals convicted of sexual offenses.

03:15 PM

Mr. David Porter, Legislative Council Staff, discussed the fiscal note and memorandum provided to the committee members. Responding to Representative Fischer, Mr. Porter discussed the bill's changes to state law as represented in the memorandum (Attachment G).

03:17 PM

The committee recessed.

03:21 PM

The committee returned to order.

03:21 PM

Mr. Payne responded to Representative Frangas' question regarding the memorandum (Attachment G). Representative Baumgardner asked Mr. Porter to provide a revised memorandum reflecting Mr. Payne's comments.
BILL:HB09-1176
TIME: 03:23:00 PM
MOVED:Green
MOTION:Moved amendment L.018 (Attachment F) to amendment L.014 (Attachment E). The motion passed without objection.
SECONDED:McFadyen
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
090310AttachF.pdf
BILL:HB09-1176
TIME: 03:24:00 PM
MOVED:Green
MOTION:Moved amendment L.014 (Attachment E). The motion passed without objection.
SECONDED:McFadyen
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1176
TIME: 03:25:00 PM
MOVED:Green
MOTION:Moved to refer House Bill 09-1176, as amended, to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:Merrifield
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Excused
Looper
Yes
McNulty
Yes
Merrifield
Yes
Primavera
Yes
Vaad
Yes
Green
Yes
McFadyen
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:25 PM

The committee adjourned.