Bill Summary for Bill Number SB09-143

Date: 03/19/2009

Final
BILL SUMMARY for SB09-143

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt amendment L.010 (Attachment D). Representat Adopt prepared amendment L.007 (Attachment G). Mr Adopt prepared amendment L.011 (Attachment F). Th Refer Senate Bill 09-143, as amended, to the Commi SUBSTITUTE MOTION - Adopt prepared amendment L.012 WITHDRAWN - Amend the reengrossed bill, page 3, st	Pass Without Objection Pass Without Objection PASS PASS PASS TIE

04:00 PM -- Senate Bill 09-143

Representative Hullinghorst, sponsor, presented Senate Bill 09-143 concerning enforcing traffic regulations through the expanded use of an automated vehicle identification system. Currently, photo technology can be used to enforce traffic laws in school zones, residential neighborhoods, construction zones, and along streets that border a municipal park. This reengrossed bill changes to the use of photo traffic enforcement as follows:

photo traffic enforcement can now be used on any road with a speed limit of up to 50 miles per hour, instead of being limited to roads in residential neighborhoods with speeds of up to 35 miles per hour;
traffic regulation and traffic safety are the only authorized use of ticket revenue;
the maximum penalty fine can be raised beyond the current limit of $40 (under specified conditions) to cover the expenses of the photo traffic enforcement system; and
should HB09-1004 pass, photo traffic enforcement systems cannot be used to detect a violation of using a cell phone while driving.

04:06 PM -- Kelly Dunnaway, Douglas County Sheriff's Office, spoke in support of the bill. Mr. Dunnaway discussed the changes made by the bill and how that will assist law enforcement agencies in enforcing traffic laws and reducing traffic accidents. He stated his belief that this bill simply makes a change that was an oversight in the original law.

04:11 PM -- Jim Szakmeister, Fort Collins Police Department, spoke in support of the bill. Lieutenant Szakmeister stated that the bill helps police maximize effectiveness of enforcement of traffic laws. He discussed the average compliance rates with traffic laws over a number of years and statistics regarding the reduction in traffic accidents and responded to questions from the committee.

04:18 PM -- Bill Cowern, Traffic Engineer with the City of Boulder, stated that Boulder has operated a photo radar program for the last 10 years and has not earned extra revenue from it, rather they have spent more to operate the program. Over 10 years there have been over 200,000 speeding violations caught by the photo radar. Due to the photo radar program, speeding has decreased in many areas of Boulder.

04:21 PM -- Mark Radtke, representing the Colorado Municipal League, spoke in favor of the bill stating that photo radar has been an effective program in the cities that have chosen to use it.


BILL:	SB09-143
TIME:	04:23:05 PM
MOVED:	Levy
MOTION:	Adopt amendment L.010 (Attachment D). Representative Hullinghorst explained the amendment. The chair announced that the amendment would be severed. Severed section A is lines 1-2 and 6-21, which is a settled question due to the passage of L.012. Severed section B is lines 3 through 5. Severed section B was adopted without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-143
TIME:	04:37:10 PM
MOVED:	Pace
MOTION:	WITHDRAWN - Amend the reengrossed bill, page 3, strike lines 12 and 13. The motion was withdrawn.
SECONDED:
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-143
TIME:	04:25:17 PM
MOVED:	Gardner B.
MOTION:	SUBSTITUTE MOTION - Adopt prepared amendment L.012 (Attachment E) in the place of L.010. Jeremiah Barry, Office of Legislative Legal Services, came to the table to answer committee questions about the two amendments. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	Excused
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	No
	Levy	No

Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-143
TIME:	04:39:44 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.011 (Attachment F). The motion passed on a vote of 8-3.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-143
TIME:	04:41:23 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.007 (Attachment G). Mr. Barry explained that this amendment corrects a previous drafting error. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-143
TIME:	04:41:51 PM
MOVED:	Apuan
MOTION:	Refer Senate Bill 09-143, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS