Senate Committee on Finance (04/23/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON FINANCE

Date:	04/23/2009	ATTENDANCE

Time:	11:08 AM to 01:24 PM	Brophy	*
		Heath	X
Place:	SCR 354	Isgar	X
		King K.	*
This Meeting was called to order by		Scheffel	*
	Senator Sandoval	Hudak	X
		Sandoval	X
This Report was prepared by
	Elizabeth Hanson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-287 HB09-1298 HB09-1094		Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to Appropriations

11:11 AM -- Senate Bill 09-287

Senator Mitchell, prime sponsor, presented Senate Bill 09-287 which extends the voluntary contribution designation benefitting the Special Olympics Colorado Fund from tax year 2009 through tax year 2011. He stated that the checkoff has been a popular choice of taxpayers on the Colorado tax checkoff forms, and provided stories about Special Olympics.

The following persons testified:

11:13 AM -- Ms. Mindy Watrous, representing Special Olympics Colorado, testified in support of the bill. She stated that through sports training and competition, individuals with intellectual disabilities can gain both intellectual and athletic growth. Ms. Watrous explained that her organization does not receive any federal funding. She provided the committee with additional information about how the program assists individuals in Colorado.

11:17 AM -- Ms. Erin Holloway, representing Special Olympics Colorado, testified in support of the bill. She testified about her personal experience with Special Olympics in Colorado for over 30 years and her experiences during her youth. Ms. Holloway shared her thoughts about how joining swimming activities in Special Olympics changed her life, and explained her service as a Global Ambassador to Special Olympics.

11:26 AM

Senator Sandoval closed public testimony.


BILL:	SB09-287
TIME:	11:27:34 AM
MOVED:	Brophy
MOTION:	Refer Senate Bill 09-287 to the Committee of the Whole. The motion passed 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Heath	Yes
	Isgar	Yes
	King K.	Yes
	Scheffel	Yes
	Hudak	Yes
	Sandoval	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:28 AM -- House Bill 09-1298

Senator Mitchell, prime sponsor, presented House Bill 09-1298 which refunds a portion of state sales taxes paid on the sale, storage, or use of Class A motor vehicles, expands the enterprise zone investment tax credit of three percent, and creates the Green Truck program. Senator Mitchell stated that the bill is recommended by the Joint Select Committee for Job Creation and Economic Growth. He provided his thoughts about the tax treatment of the trucking industry. He stated that the bill will drive economic development, encourage economic development in rural parts of the state, and encourage more environmentally-friendly practice in the industry. He explained the sales tax exemptions and enterprise zone tax benefits in the bill. He said the bill also creates a carbon grant program.

The following persons testified:

11:33 AM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. He distributed handouts to members of the committee about trucking industry employment (Attachment A) and information about trucking and the environment (Attachment B). He provided information about the sales tax treatment of the trucking industry and expressed his thoughts about how to create trucking jobs in Colorado. Mr. Fulton also expressed his support for trucking equipment qualifying under the state enterprise zone tax credit. He also discussed wages and employee benefits of the industry. Mr. Fulton said that the bill would help to increase jobs and raise additional revenue for Colorado.

11:43 AM -- Mr. Thomas Lee, representing Empire Warehouse and the Colorado Motor Carriers Association, testified in support of the bill. He testified about his experience in the refrigerator industry and the impacts of the trucking industry on other businesses. Mr. Lee expressed his concerns about the tax structure in Colorado affecting the trucking industry and said that Colorado had many opportunities to create jobs in the state. He responded to questions from the committee about tax credits for the trucking industry, and he shared his thoughts about the impact of lost trucking jobs on small communities.

11:50 AM -- Mr. Michael Riley, representing Westco Express Inc. and the Colorado Motor Carriers Association, testified in support of the bill. He provided background about his career in the trucking industry and as a Certified Public Accountant (CPA). He listed several trucking companies that have gone out of business in Colorado. He stated that Colorado has the highest tax treatment of the industry of all the surrounding states. He stated that his company currently registers all of their equipment in California because of tax policy in that state. He said Colorado is losing jobs, tax revenue, and trucking registrations. He responded to questions about whether the bill would change trucking registration in Colorado.

12:01 PM

Mr. Riley continued testifying, discussing registration in Colorado and California.

12:02 PM

Senator Sandoval closed public testimony.


BILL:	HB09-1298
TIME:	12:02:55 PM
MOVED:	Heath
MOTION:	Refer House Bill 09-1298 to the Committee on Appropriations. The motion passed 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Heath	Yes
	Isgar	Yes
	King K.	Yes
	Scheffel	Yes
	Hudak	Yes
	Sandoval	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:03 PM -- House Bill 09-1094

Senator Bacon, prime sponsor, presented House Bill 09-1094 which requires the use of a hands-free accessory when using a call phone while driving. An exception is made for contacting a public safety entity or during an emergency, and includes other exceptions for professional drivers. In addition, the bill prohibits drivers from using a cell phone, even with a hands-free accessory, while the vehicle is in motion and the driver is 18 years or younger. He stated that he hopes the law would create a practice for drivers to discontinue using hand held cell phones, and that other types of distractions are not as frequent in causing accidents. Senator Bacon responded to questions from the committee about the bill's provision that creates a Class A traffic offense. He also responded to questions about the bans in the bill and whether these provisions would expand safety on the road.

12:13 PM

The committee recessed.

12:19 PM

The committee reconvened. Members of the committee received copies of Amendment L.016 (Attachment C) Amendment L.017 (Attachment D) and Amendment L.018 (Attachment E).

The following persons testified:

12:20 PM -- Ms. Shelley Forney, representing herself, testified in support of the bill. She provided personal testimony about her daughter Erica's accident that she stated was caused by a driver using a cell phone. Her daughter died from this accident.

12:26 PM -- Mr. Jeff Emmell, representing Bike Fort Collins, testified in support of the bill. He stated that he is concerned about road safety as an active bicyclist. He also stated that cell phones are addictive technologies, and shared his concerns about the growth of video, cell phone, and other technologies that are being used by drivers. Mr. Emmell also shared his thoughts about judging safety and the responsibilities faced by State Patrol. He also provided information about the U.S. Department of Defense standards on cell phone usage for military personnel and at military academies. Mr. Emmell stated that cell phone usage is not a partisan issue, and that Colorado should take this step to ensure safety on the roads.

12:37 PM -- Ms. Diane Roth, representing Verizon Wireless, testified in support of the bill. She stated that Verizon Wireless supports similar proposals in other states to encourage safety. She also stated that Verizon supports the bill because it is a statewide initiative.

12:38 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol, testified in support of the bill. He provided his observations from a State Patrolman's perspective about driving behaviors he has witnessed that led to collisions. He distributed a cell phone fact sheet (Attachment F), and discussed the impacts on an individual's visual, biomechnical, auditory, and cognitive functions that can result when a driver is using a cell phone. Mr. Juchem responded to questions from the committee about current laws regarding driving behavior. He also responded to questions about the holding requirements while driving, delivery trucks, and mobile radios.

12:52 PM

Mr. Juchem responded to questions about whether municipalities can govern cell phone usage. The committee continued its discussion with Mr. Juchem about whether law enforcement can see these violations, the safety of drivers who pull off the side of the road, and about the bill's impacts in instances when the vehicle is stopped and no longer moving. The committee discussed page 2, line 8, and the definition of "emergency" in this section. The committee continued discussing accidents, and Mr. Juchem explained what information law enforcement collects at the time of accidents.

01:04 PM

Mr. Juchem continued responding to questions from the committee about provisions in the bill requiring law enforcement to visually identify that a cell phone is being used by a driver. Senator Bacon explained that this provision in the bill is a safeguard that allows law enforcement to confirm that a cell phone was used, and the law would not rely on an assumption by an officer. Mr. Juchem responded to questions about whether cell phone usage in motor vehicles is more dangerous than other activities.

01:09 PM -- Mr. Bruce Caughey, representing Colorado Association of School Executives (CASE), testified in support of the bill. He provided his thoughts about school bus drivers and the devices that are used by them. Mr. Coy stated that a provision was added to the bill that a school bus driver could use a cell phone in an emergency. He responded to questions from the committee about the definition of "emergency" in the bill. Senator Bacon shared his views about the "emergency" language in the bill.

01:15 PM

Senator Sandoval closed public testimony.


BILL:	HB09-1094
TIME:	01:16:29 PM
MOVED:	Sandoval
MOTION:	Adopt Amendment L.018 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Heath
	Isgar
	King K.
	Scheffel
	Hudak
	Sandoval

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


BILL:	HB09-1094
TIME:	01:18:20 PM
MOVED:	Hudak
MOTION:	Adopt Amendment L.017 (Attachment D). The motion failed 1-6.
SECONDED:
		VOTE
	Brophy	No
	Heath	No
	Isgar	No
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	No

Not Final YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1094
TIME:	01:22:51 PM
MOVED:	Sandoval
MOTION:	Refer House Bill 09-1094, as amended, to the Committee on Appropriations. The motion passed 4-3.
SECONDED:
		VOTE
	Brophy	No
	Heath	Yes
	Isgar	Yes
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:24 PM

The committee recessed.