Transportation Legislation Review Committee (09/16/2009)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	09/16/2009	ATTENDANCE

Time:	09:07 AM to 04:08 PM	Baumgardner	X
		Fischer	X
Place:	HCR 0112	Frangas	X
		King S.	X
This Meeting was called to order by		Kopp	X
	Representative McFadyen	Looper	X
		McNulty	E
This Report was prepared by		Merrifield	E
	Kurt Morrison	Primavera	X
		Renfroe	*
		Romer	E
		Spence	X
		Tyler	X
		Vaad	E
		Williams	X
		Gibbs	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Colorado Department of Transportation Update CSP Performance Overview and Update House Bill 09-1230 Discussion Presentation on Waste Tire Use Presentation on Public Private Partnerships E-470 Toll Highway Violations and Notice Waste Tire Management Legislation Motor Vehicle Sales Tax Collection Disabled Parking Placards Legislation Proposed Careless Driving Legislation Surcharge to Fund Drug Abuse Education Minor Driver Laws Reports of Serious Injuries to Trans Committees		- - - - - - Draft legislation ordered. Draft legislation ordered. Draft legislation ordered. No draft legislation ordered. No draft legislation ordered. Draft legislation ordered. Draft legislation ordered.

09:08 AM -- Colorado Department of Transportation Update

Ms. Melissa Nelson, Colorado Department of Transportation (CDOT), responded to questions provided by committee members during the August 26, 2009, committee meeting. A handout responding to specific committee member questions was provided (Attachment A). Mr. K.C. Matthews, representing the CDOT Safety and Traffic Engineering Office, provided an overview to the committee on the CDOT transportation safety efforts. Several years ago, traffic accidents resulted in the deaths of several transportation workers in Pueblo. Mr. Matthews discussed new CDOT polices implemented in response to the accidents. CDOT has also upgraded safety devices, such as replacing cones with barrels to indicate traffic work zones. Mr. Matthews also discussed statistics related to traffic work during night hours and associated public perception.

09:18 AM

Mr. Matthews discussed the use of temporary bumper strips made from recycled materials. Temporary bumper strips are more effective and do not require the use of rebar. Mr. Matthews stated that CDOT safety planning extends from the project planning stage through completion. CDOT has also solicited feedback from transportation workers to determine new means of ensuring a safe work environment for employees and contractors.

09:25 AM

Mr. Matthews responded to questions from committee members. Representative King asked if CDOT worker training has any cost to local governments and agencies. Senator Gibbs discussed other states that have signage indicating criminal penalties for drivers who hit a transportation worker in a designated work zone.

09:29 AM

Mr. Rick Tenuta, representing the CDOT Office of Transportation Safety, discussed specific steps taken to ensure the safety of transportation workers. Mr. Tenuta discussed the CDOT "100 Days of Safety" campaign. Mr. Tenuta responded to questions from committee members. Representative Baumgardner asked Mr. Tenuta and Mr. Matthews to discuss worker safety gear and apparel.

09:37 AM

Representative King commended Mr. Tenuta and Mr. Matthews on the visibility of workers' safety apparel. Representative Fischer asked about standards and procedures in place for contractors with repeat safety violations or accidents. Mr. Matthews discussed CDOT processes to record contractor accidents which impact future contract bidding and selection.

09:47 AM

Representative McFadyen discussed the Charles Mather Act and contractor safety standards. Representative McFadyen also asked Mr. Tenuta and Mr. Matthews to discuss collaboration with the Colorado State Patrol and other stakeholder organizations to ensure safety in work zones.

09:55 AM

Representative McFadyen discussed federal fines for safety violations. Mr. Matthews further discussed the use of subcontractors and related safety standards.

10:00 AM

Ms. Nelson discussed the handout provided to the committee members (Attachment A). Mr. Herman Stockinger, CDOT Office of Government Relations, updated the committee on the current status of state projects funded by the American Recovery and Reinvestment Act of 2009. Representative McFadyen asked Mr. Stockinger to work with committee staff to provide detailed job creation data to the committee members. Senator Kopp asked Mr. Stockinger to discuss how CDOT prioritizes bridges slated to receive funding for rehabilitation or repair. Senator Kopp also discussed the metrics of establishing a bridge's rating.

10:10 AM

Senator Kopp further asked Mr. Stockinger to discuss funding sources for bridge projects. Representative Primavera requested additional information on the handouts and asked if the Department of Revenue can determine total revenue raised from Senate Bill 09-108 surcharge provisions by location, region, or district. Senator Williams asked Mr. Stockinger to comment on additional projects. Senator Spence asked Ms. Nelson to discuss Senate Bill 09-108 late fees and funds credited.

10:21 AM

Representative Looper asked Ms. Nelson and Mr. Stockinger to comment on the total late motor vehicle registration fee revenue expected to be generated by Senate Bill 09-108. In addition, Representative King asked Mr. Stockinger to discuss the national bridge rating standards.

10:26 AM

Mr. Stockinger discussed planned pavement marking projects, specifically in mountain areas.

10:29 AM -- CSP Performance Overview and Update

Colonel James Wolfinbarger, Lieutenant Colonel Scott Hernandez, and Mr. Bobby Juchem, Colorado State Patrol (CSP), presented to the committee. Mr. Juchem provided handouts to the committee (Attachment B). Colonel Wolfinbarger discussed the contents of the handouts. CSP has adopted a model to implement strategic planning and performance outcomes.

10:34 AM

Colonel Wolfinbarger provided background information on CSP. CSP is divided into three regions and six districts. Each district is commanded by a patrolman bearing the rank of major. Colonel Wolfinbarger discussed the mission of CSP, its statutory responsibilities, and its strategic plan.

10:40 AM

Colonel Wolfinbarger discussed statistical decreases in fatal crashes and additional performance metrics. Colonel Wolfinbarger responded to questions from committee members.

10:45 AM

Senator Williams asked Colonel Wolfinbarger to discuss the use of rumble strips to encourage driver safety. CSP partners with CDOT to establish targeted locations for rumble strips. Representative Looper asked about driving under the influence (DUI) figures discussed in the handout.

10:54 AM

Senator Spence and Representative Primavera asked about the number of weapons confiscated at Capitol security checkpoints. Senator Spence also asked about windshield wiper laws and driving safety. Representative Frangas asked about potential budget cuts and impact upon public safety.

11:01 AM

Senator Renfroe requested additional information on the number of weapons confiscated at the Capitol. Senator Renfroe also asked Colonel Wolfinbarger to discuss the Alive at 25 program. Officers who teach programs within the Alive at 25 program do not do so in uniform nor are they on official time. Representative King asked for data regarding the total number of miles driven by CSP fleet vehicles per year, and whether CSP vehicles use premium fuel. Senator Williams discussed cell phone legislation from previous sessions. In 2007, CSP reformed its crash report form to include cell phone-related crashes.

11:10 AM -- House Bill 09-1230 Discussion

Representative McFadyen provided background on House Bill 09-1230. The committee is charged to consult with the bill's stakeholders regarding motor vehicle sales tax collections. Ms. Sara Rosene, Clerk and Recorder, Grand County, recommended that the committee resolve the returned motor vehicle sales tax collections by administrative regulation and not by legislation. Ms. Melissa Kuipers, representing the Colorado Automobile Dealers Association, discussed the purpose of the bill. Ms. Kuipers recommend that a threshold level be considered by the committee. Ms. Kuipers and Ms. Rosene responded to questions from the committee members. Ms. Kuipers stated that if the committee is inclined to provide a proposed solution through legislation, CADA would be supportive.

11: 20 PM

The committee adjourned.

11:24 AM -- Presentation on Waste Tire Use

The committee returned to order.

11:34 AM

Former Representative Gerard Frank and Mr. Doug Ford, representing GreenTech, Inc., discussed the reuse of waste tires as a potential economic resource. Mr. Ford discussed the processes to reuse tires for the creation of clean diesel energy. GreenTech's integrated optimal control system operates from steam generated through waste tire product combustion. Mr. Ford stated that the process can produce 23 million gallons of clean diesel fuel or ethanol annually. Mr. Ford stated that Colorado has more stockpiled waste tires than any other U.S. state. Mr. Ford proposed the process as a means of generating clean, affordable fuel while reducing a substantial solid waste problem.

11:43 AM

Representative Frank asked that the General Assembly encourage tire reuse by amending the definition of municipal waste in statute or by including research funding through the state. Representative Frank responded to questions from committee members and provided a handout to committee members (Attachment C). Representative Looper suggested potential funding sources and grants that could assist the project.

11:54 AM

Representative Looper asked Mr. Ford if other states have similar projects. Mr. Ford stated that no such similar project, to his knowledge, exists in another state.

11:58 PM

The committee recessed.

01:33 PM -- Public-Private Partnerships

The committee returned to order. Mr. Herb Lindsay, Managing Director, UFI Services, Inc., said that his company is involved with the development of state user fees and presented a proposal for a statewide user fee system as a public-private partnership with the state of Colorado. He said that his company operates nationally and internationally. He noted that, under his company's user fee proposal, fees would be imposed at a rate of 1 cent to 3 cents per mile. He spoke of the governmental entities with which his company works and commented on electronic vehicle registration. He described electronic bar codes that may be placed on license plates. He commented on the collection of fees by "pay-as-you-go" electronic vehicle readers. He said his fee collection system allows for the reduction of fuel taxes in the states, and requires those who are using the roads to pay for their maintenance. He commented on the potential for congestion pricing under his proposal and said that this user fee technology will eventually be in use in every state. He said that the his proposal presents no financial risk to Colorado and that tourists would not be charged the fees if such a program were implemented. He said that he is not proposing a change to the means by which fuel tax revenues are currently distributed in Colorado. He commented on the security of his proposed user fee system.

01:58 PM

Ralph Christie, Chief Executive Officer, Merrick Inc., said that he sees opportunities with the user fee technology. He said that the privacy issue will be addressed as the proposal progresses and that the technology is feasible. He said that the proposal contemplates that a highway use authority would determine which roads on the state would be subject to application of the fees.

02:05 PM

Mr. Lindsay said that the E-470 Public Highway Authority is currently using active RFIDs on their toll road. He noted that his proposal is to use passive RFIDs. He commented on the law enforcement advantages of such a system and said that such a system could generate approximately $1.8 billion annually.

02:28 PM

The committee recessed.

02:44 PM -- E-470 Toll Highway Violations and Notice

Senator Williams commented on a proposed technical adjustment to the existing tolling process of the E-470 Public Highway Authority under Section 43-4-506.5, C.R.S. She explained the current process of toll collection by the authority. She noted that current law requires two notices of toll violations and said that under her proposal, E-470 customers would still have two contacts from the authority regarding toll collection. She said that the first contact with the customer would be the actual bill and that the second contact would be a violation notice. She noted that E-470 would be permitted to deliver violations by first class mail under the proposal.

02:50 PM

John McCuskey, Deputy Executive Director, E-470 Public Highway Authority, commented on the collection of tolls by the public highway authority. He said that, under the proposal, the second violation notice will be eliminated and the bill would be substituted. He said that notices of violations are sent to the registered owners of vehicles. He said that the proposal will expedite the delinquent toll collection process and reduce costs for the authority.


BILL:	E-470 Toll Highway Violations and Notice
TIME:	02:55:15 PM
MOVED:	Williams
MOTION:	Moved that the TLRC request the drafting of a bill relating to E-470 toll violations and notice of these violations. The motion passed without objection.
SECONDED:	King S.
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Kopp	Excused
	Looper	Yes
	McNulty	Excused
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 12 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

02:57 PM -- Waste Tire Management Legislation

Representative Looper said that she has been working with Representative Primavera on policies related to waste tire management issue for some time. She said that she has also worked with the Colorado Department of Public Health and Environment and other stake holders. She said that she is proposing legislation to modify the waste tire management program. She noted that the draft legislation will track waste tires entering the state, address fire and risk assessment, enhance enforcement of waste tire regulations, and provide for distribution of fees.


BILL:	Waste Tire Management Legislation
TIME:	03:09:24 PM
MOVED:	Looper
MOTION:	Moved to request the drafting of legislation to modify the waste tire management program in Colorado. The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Kopp	Excused
	Looper	Yes
	McNulty	Excused
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 12 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

03:09 PM -- Motor Vehicle Sales Tax Collection Legislation


BILL:	Motor Vehicle Sales Tax Collection
TIME:	03:10:00 PM
MOVED:	Tyler
MOTION:	Moved that legislation be drafted relating to motor vehicle sales tax collection, allowing the processing of titles and registrations to proceed in the event that a small amount of money is owed to the Department of Revenue, including a collection mechanism providing that consumers are responsible for the payment of delinquent amounts. The motion passed on a 11-1-5 roll call vote.
SECONDED:	King S.
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	No
	King S.	Yes
	Kopp	Excused
	Looper	Yes
	McNulty	Excused
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 11 NO: 1 EXC: 5 ABS: 0 FINAL ACTION: PASS

03:11 PM -- Disabled Parking Placards Legislation

Representative Frangas commented on potential TLRC legislation relating to parking for the disabled. He said that he has worked with law enforcement, the disabled community, disabled community representative Mark Simon, and county clerks on the issue. He said that the goal of the legislation will be to ensure that persons who are eligible for such parking have access to disabled parking spaces. He commented on the number of disabled parking placards that have been issued in Colorado. He said that there are more disabled parking tags issued than there are disabled persons in Colorado. Representative Frangas said that he believes that this matter should be examined. Representative Fischer said that such a bill should consider that many of the tags are issued on a temporary basis for medical reasons. Representative Frangas said that he believes that the enforcement mechanism for the proper use of such tags is not sufficient. Representative McFadyen said that the problem may be able to be addressed in departmental rules.


BILL:	Disabled Parking Placards Legislation
TIME:	03:22:59 PM
MOVED:	Fischer
MOTION:	Moved that legislation be drafted relating to disabled parking placards. The motion passed without objection.
SECONDED:	Tyler
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Kopp	Excused
	Looper	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 13 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

03:24 PM -- Proposed Careless Driving Legislation

Representative Fischer commented on potential legislation relating to an expansion of the infraction of careless driving in Colorado. He suggested that distracted driving be added to careless driving statutes and that the use of a cell phone while driving become a presumption of careless driving. He said that, under his proposal, engaging in distracting activities would be a presumption of careless driving, for example, eating, drinking, cell phone use, applying makeup, or attending to personal hygiene while driving.

03:29 PM

Bobby Juchem, Legislative Liaison, Colorado State Patrol, said that such an offense would be a primary offense. He commented on driving behaviors for which careless driving is charged.


BILL:	Proposed Careless Driving Legislation
TIME:	03:35:19 PM
MOVED:	Fischer
MOTION:	Moved that legislation be drafted relating to an expansion of careless driving statutes. The motion failed on a 3-9-5 roll call vote.
SECONDED:	McNulty
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	No
	King S.	No
	Kopp	Excused
	Looper	No
	McNulty	Excused
	Merrifield	Excused
	Primavera	No
	Renfroe	No
	Romer	Excused
	Spence	No
	Tyler	Yes
	Vaad	Excused
	Williams	No
	Gibbs	No
	McFadyen	Yes

Final YES: 3 NO: 9 EXC: 5 ABS: 0 FINAL ACTION: FAIL

03:36 PM -- Surcharge to Fund Drug Abuse Education

Senator Williams commented on a proposal to fund the DARE (Drug Abuse Resistance Education) program. She commented on support that is provided to the program by the City of Aurora and noted that the city has added a $5 surcharge to traffic tickets, which is used to support the DARE program. She commented on the DARE curriculum, and said that she is proposing a law similar to the Aurora ordinance regarding a statewide surcharge to support DARE.

03:41 PM

Gary Livingston, President, DARE, was present to answer committee questions relating to DARE. He commented on law enforcement support for the program and the program's effectiveness. Senator Williams said that such a surcharge would be collected by the courts. Mr. Livingston described the classes provided through DARE. Representative McFadyen expressed concerns with the timing of the proposal recognizing that legislation relating to traffic fines has recently been adopted by the General Assembly.


BILL:	Surcharge to Fund Drug Abuse Education
TIME:	03:56:23 AM
MOVED:	Williams
MOTION:	Moved that legislation be drafted to support the DARE program in Colorado through a surcharge. The motion failed on a 2-10-5 roll call vote.
SECONDED:	King S.
		VOTE
	Baumgardner	No
	Fischer	No
	Frangas	No
	King S.	Yes
	Kopp	Excused
	Looper	No
	McNulty	Excused
	Merrifield	Excused
	Primavera	No
	Renfroe	No
	Romer	Excused
	Spence	No
	Tyler	No
	Vaad	Excused
	Williams	Yes
	Gibbs	No
	McFadyen	No

Final YES: 2 NO: 10 EXC: 5 ABS: 0 FINAL ACTION: FAIL

04:02 PM -- Minor Driver Laws

Senator Renfroe commented on potential legislation relating to driver education of minors, minor driver awareness, and consistency in statutes addressing these subjects.


BILL:	Minor Driver Laws
TIME:	04:04:37 PM
MOVED:	Renfroe
MOTION:	Moved that legislation be drafted relating to consistency in statutes addressing minor driver education and awareness. The motion passed without objection.
SECONDED:	Gibbs
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Kopp	Yes
	Looper	Yes
	McNulty	Excused
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 13 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: Pass Without Objection

04:05 AM -- Reports of Serious Injuries to Transportation Committees

Representative McFadyen commented on potential legislation relating to reporting of fatalities or serious injuries that occur in CDOT work zones or maintenance zones. The reports would include incidents involving contractors, subcontractors, moving vehicles, or CDOT employees. She suggested that such reports be made to the transportation committees of the House and Senate, including details of the accident and efforts that will be made to avoid the recurrence of such accidents.


BILL:	Reports of Serious Injuries to Trans Committees
TIME:	04:07:14 PM
MOVED:	McNulty
MOTION:	Moved that legislation be drafted relating to the reporting of fatalities or serious injuries to the transportation committees by CDOT. The motion passed without objection.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Kopp	Excused
	Looper	Yes
	McNulty	Excused
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Final YES: 12 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

04:08 PM

The committee meeting adjourned.