House Committee on Transportation & Energy (04/27/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/27/2010	ATTENDANCE

Time:	01:37 PM to 03:35 PM	Baumgardner	X
		Fischer	X
Place:	HCR 0107	King S.	X
		Looper	X
This Meeting was called to order by		McNulty	X
	Representative McFadyen	Merrifield	X
		Primavera	X
This Report was prepared by		Tyler	X
	Kurt Morrison	Vaad	X
		Frangas	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1282 HB10-1420 HB10-1405		Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole

01:37 PM -- House Bill 10-1282

Representative McFadyen called the meeting to order. A quorum was present. Representatives King and Bradford, prime sponsors of House Bill 10-1282, discussed the merits of the bill. The bill would prohibit the closing of any coal-solar power plant, regardless of whether such closure has been approved by the Public Utilities Commission.


BILL:	HB10-1282
TIME:	01:38:05 PM
MOVED:	King S.
MOTION:	Moved amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Baumgardner
	Fischer
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Tyler
	Vaad
	Frangas
	McFadyen

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


BILL:	HB10-1282
TIME:	01:44:00 PM
MOVED:	King S.
MOTION:	Moved to refer House Bill 10-1282, as amended, to the Committee of the Whole. The motion passed on a 7-4 roll call vote.
SECONDED:	McNulty
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Tyler	Yes
	Vaad	Yes
	Frangas	No
	McFadyen	No

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:46 PM

The committee recessed.

01:46 PM -- House Bill 10-1420

The committee returned to order. Representative Peniston, prime sponsor of House Bill 10-1420, discussed the merits of the bill. The bill requires the Department of Revenue to place a penalty on driver improvement schools that fail to collect or remit fees from students sentenced to attend classes. Representative Peniston responded to questions from committee members. Copies of Amendments L.001 and L.002 and a handout was provided to the committee (Attachments B, C and D).

01:56 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

01:58 PM -- Mr. Mark Whitney, representing the National Corrective Training Institute, testified in opposition to the bill. Mr. Whitney discussed municipalities' opposition to the bill. Handouts were provided to the committee (Attachment E).

02:03 PM -- Mr. John Anderson, representing the Colorado State Patrol Family Foundation, testified in opposition to the bill. Mr. Anderson discussed the burden of surcharges and the bill's impact on oversight and fairness. Mr. Anderson commented on the proposed amendments. He requested that the committee not approve the bill.

02:14 PM

Mr. Anderson and Mr. Whitney responded to questions from committee members.

02:19 PM -- Mr. Geoff Blue, representing the Office of Attorney General, testified regarding the history of the Defensive Driving School Fund. He spoke about a review by his office of last year's legislation, House Bill 09-1246. He spoke about the possibility that a court would determine whether the matter was an issue of statewide concern relative to decisions by a home rule county. Mr. Blue responded to questions from committee members.

02:26 PM -- Ms. Lori Benallo, representing the Department of Revenue, came to the table to explain the department's implementation of last year's legislation. She said that the department had to rely on self reporting because it had no way to know who had been referred to a driver improvement school by a court. She responded to questions about what would help the department and said that the department was in a position of receiving funds, but had no way of tracking the schools and who is in enrolled. She also spoke to questions regarding the lack of regulation around driver improvement schools.

02:33 PM

Representative McFadyen said that the bill would be laid over until Thursday, April 29, 2010. Representative Peniston made final comments in regard to the bill.

02:37 PM

The committee recessed.

02:40 PM -- House Bill 10-1405

The committee returned to order. Representative Vaad, co-prime sponsor, presented House Bill 10-1405, concerning a study of the options for devolution of state highways that are commuter highways to local governments. Representative Vaad provided history of the state highway system and the prioritization process for highway projects over the years. He spoke about how new urban corridors and the ways that needs change over time affect the costs to maintain the state highway system. Representative Vaad reviewed the requirements in the bill and discussed the role of metropolitan planning organizations.

02:56 PM

Representative Pommer, co-prime sponsor, discussed conversations he has had leading up to this legislation. He spoke about the lack of state funding and the scope of the highways that the Colorado Department of Transportation is trying to maintain.

02:58 PM

Representative Vaad responded to questions about local maintenance issues around state highways.

02:59 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

03:00 PM -- Mr. Rich Mauro, representing the Denver Regional Council of Governments (DRCOG), testified in opposition to the bill. Mr. Mauro indicated the DRCOG's concerns with the legislation and said that there is insufficient money in the system. He said that his board's concern was that the study could lead to mandates. Committee members posed questions for Mr. Mauro concerning voluntary cooperation with local governments. Representative Vaad asked Mr. Mauro about the board's position.

03:04 PM -- Mr. Mark Radtke, representing the Colorado Municipal League, testified in opposition to the bill. He addressed the concerns that the municipalities have in regard to the devolution of state highways. He spoke to the Colorado Municipal League's support of addressing statewide fiscal issues.

03:07 PM -- Mr. Greg Romberg, representing the Arapahoe County Commissioners, testified in opposition to the bill. Mr. Romberg said the commissioners advocated participation by local elected officials in the study. In that regard, Representative Vaad distributed amendment L.002 (Attachment G) for purposes of discussion.

03:10 PM -- Mr. Tony Lombard, representing Colorado Counties, Inc., testified on the bill and said that Colorado Counties Inc., has not yet taken an official position on the bill, but expressed general concerns that his organization have historically had with similar legislation.

03:15 PM -- Ms. Melissa Nelson, representing the Colorado Department of Transportation, testified regarding the bill. Ms. Nelson discussed the bill's impact on state and local maintenance of highways and roads. Ms. Nelson responded to questions from committee members.

03:24 PM

Representative Frangas asked Ms. Nelson to comment on the fiscal note.


BILL:	HB10-1405
TIME:	03:28:32 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Baumgardner
	Fischer
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Tyler
	Vaad
	Frangas
	McFadyen

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


BILL:	HB10-1405
TIME:	03:30:32 PM
MOVED:	Vaad
MOTION:	Moved amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Looper
		VOTE
	Baumgardner
	Fischer
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Tyler
	Vaad
	Frangas
	McFadyen

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


BILL:	HB10-1405
TIME:	03:31:43 PM
MOVED:	Vaad
MOTION:	Moved to refer House Bill 10-1405, as amended, to the Committee of the Whole. The motion passed on a 7-3 roll call vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	Yes
	Tyler	No
	Vaad	Yes
	Frangas	No
	McFadyen	Yes

Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:34 PM

The committee adjourned.