Transportation Legislation Review Committee (09/14/2012)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	09/14/2012	ATTENDANCE

Time:	09:37 AM to 03:01 PM	Barker	X
		Brown	X
Place:	HCR 0112	Fischer	X
		Hamner	X
This Meeting was called to order by		Jones	X
	Senator Hudak	King S.	X
		Looper	A
This Report was prepared by		Newell	E
	Kelli Kelty	Priola	X
		Ramirez	X
		Renfroe	E
		Schwartz	X
		Scott	X
		Spence	X
		Tyler	X
		Williams A.	E
		Williams S.	X
		Young	X
		Vaad	X
		Hudak	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Consideration of Letter to CDOT Bill 1 Bill 2 Bill 3 Bill 4 Bill 5 Bill 6 Bill 8 Bill 9 Bill 10		Approved Forwarded to Legislation Council Committee Vote - Tie Vote Forwarded, as amended, to Legislative Council Fowarded to Legislative Council Forwarded to Legislative Council Fowarded to Legislative Council Fowarded to Legislative Council Forwarded to Legislative Council Forwarded to Legislative Council

09:39 AM -- Consideration of Letter to CDOT

Senator Hudak, chair, called the meeting to order. A quorum was present. Senator Hudak discussed the agenda for the day. She commented that she is limiting public testimony to five minutes per bill. Representative Tyler, initiator of the letter, presented a summary of the letter (Attachment A). Representative Vaad commented on the letter and the purpose of the Transportation Legislation Review Committee (TLRC). He expressed his support for the intent of the letter. Senator King asked about the audit that was done on this particular issue. Representative Tyler responded that the last audit was done in 2000. Discussion ensued concerning the audit. Senator Williams commented on the letter and expressed her support. Senator King asked if the Joint Budget Committee will also receive a copy of the letter. Representative Tyler responded that it would be a good idea.

09:51 AM

Representative Hamner asked for information concerning the Colorado Department of Transportation's (CDOT) budget.

09:52 AM -- Mr. Kurt Morrison, CDOT, came to the table to respond to questions from the committee concerning CDOT's budget.


BILL:	Consideration of Letter to CDOT
TIME:	09:55:04 AM
MOVED:	Tyler
MOTION:	Moved to adopt the Letter to the Colorado Department of Transportation. The motion passed on a vote of 16-0.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Excused
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Yes
	Tyler	Yes
	Williams A.	Excused
	Williams S.	Yes
	Young	Yes
	Vaad	Yes
	Hudak	Yes

YES: 16 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

09:56 AM -- Bill 1

Representative Vaad discussed Bill 1 (Attachment B). The bill adds two at-large members appointed by the governor, each of whom represents the entire state, to the Transportation Commission. One of the at-large members must reside on the western slope and the other must reside on the eastern slope. The at-large members serve 4-year terms; except that the at-large member who resides on the western slope serves an initial term of two years in order to stagger the timing of future appointments. Senator Schwartz commented on the bill and stated that there needs to be more rural representation on the Transportation Commission. Representative Vaad commented on the current configuration of the Transportation Commission.

10:03 AM

Representative Hamner commented on the composition of the Transportation Commission and asked if its possible that two people could end up representing the same district. Representative Vaad responded that the appointments are subject to confirmation by the Colorado Senate.

10:04 AM

Representative Tyler asked if the Transportation Commission has weighed in on the bill. Representative Vaad responded that the commission has not commented.

10:05 AM -- Mr. Kurt Morrison, CDOT, came to the table. He expressed that CDOT is neutral on the bill until a fiscal note can be reviewed. Senator Hudak asked how many commission members are from each section of the state. Discussion ensued concerning the composition of the Transportation Commission. Mr. Morrison provided an overview of the composition of the Transportation Commission. He commented that 1991 was the last redistricting by the commission.

10:13 AM

Representative Vaad commented on the committee's discussion. Representative Young asked how the two at-large members will represent statewide concerns. Representative Vaad responded that the responsibility of the two at-large members is for the overall transportation statewide system.

10:17 AM

Representative Ramirez commented on the composition of the commission.

10:18 AM

Senator Hudak commented on the bill.

10:19 AM

Senator King commented on the intent of the bill and expressed his support.


BILL:	Bill 1
TIME:	10:21:09 AM
MOVED:	Vaad
MOTION:	Moved that Bill 1 be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 9-7.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	No
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	No
	Scott	Yes
	Spence	Yes
	Tyler	No
	Williams A.	Excused
	Williams S.	Yes
	Young	No
	Vaad	Yes
	Hudak	No

YES: 9 NO: 7 EXC: 3 ABS: 1 FINAL ACTION: PASS

10:24 AM

Senator Hudak asked who would like to be the prime sponsor of the bill. Representative Priola requested to be the prime-sponsor of the bill in the House, where the bill will be introduced. Senator King will be the Senate sponsor. The following members requested that their names be added as co-sponsors of the bill: Representative Scott, Representative Ramirez, Representative Brown, and Representative Barker.

10:27 AM -- Bill 2

Representative Priola presented Bill 2, concerning allocation of sales and use tax revenues, to the committee (Attachment C). Under current law most net revenue from state sales and use taxes is eventually credited to the general fund. But 2% of total general fund revenues is required to be transferred to the highway users tax fund (HUTF) for 5 consecutive fiscal years beginning after Colorado personal income increases by 5 percent or more for a calendar year (Senate Bill 09-228 transfers). Bill 2 allocates a portion of future state sales and use tax net revenue growth that occurs during fiscal years before the first fiscal year in which Senate Bill 09-228 transfers begin for improvements to state highways, county roads, and municipal streets by requiring the state treasurer to transfer $10 million per year from the general fund to the HUTF in every such fiscal year following a fiscal year in which state sales and use tax net revenue grew by 1.5 percent or more. Permanent transfers of $10 million per year begin, not once, but cumulatively after each such fiscal year in which state sales and use tax net revenue growth of 1.5 percent or more occurs. The moneys transferred to the HUTF are allocated in accordance with an existing allocation formula as follows: 60 percent to the state highway fund; 22 percent to counties; and 18 percent to municipalities. If sales and use tax net revenue growth decreases by 5 percent or more in any fiscal year, the total amount of transfers to be made for the next fiscal year and for each fiscal year thereafter is reduced by 5 percent.

Representative Priola discussed provisions of the bill and commented on future sales tax growth to the HUTF. Representative Ramirez asked for information on off-the-top HUTF funds. Senator Williams asked where the sales tax revenue goes currently. Representative Priola responded that sales tax revenue is currently allocated to the General Fund. Representative Jones expressed his concern about revenue that is allocated to the General Fund and its impact on education funding. Representative Priola responded to Representative Jones' comments.

10:34 AM

Representative Vaad commented on General Fund revenues and education funding.

10:35 AM

Representative Brown commented on the condition of roads in Colorado over the last 10 years.

The following person testified on the bill:

10:37 AM -- Mr. RJ Hicks, representing the Western State Transportation Alliance, came to the table. Mr. Hicks commented on funding of the highway system. A handout was distributed to the committee (Attachment D). Representative Vaad asked for information concerning transportation funding in Colorado. Discussion ensued concerning transportation financing.

10:45 AM

Senator Williams asked about transportation financing in Utah. Discussion ensued concerning the bill and transportation financing in Colorado.

10:50 AM

Representative Young asked about section 1(6) of the bill.

10:51 AM

Representative Hamner commented on the bill and expressed her concerns. She said that she would prefer to see more flexibility to respond to the needs of the moment. Representative Ramirez commented on the need for the bill and expressed his support for the bill.

10:53 AM

Senator Hudak commented on transportation financing in Utah.

10:56 AM

Senator King expressed his support for the bill.

10:57 AM

Representative Brown commented on the bill and expressed his support.

10:58 AM

Representative Priola presented closing comments on the bill.


BILL:	Bill 2
TIME:	11:00:11 AM
MOVED:	Priola
MOTION:	Moved that Bill 2 be included as one of the bill forwarded to Legislative Council. The motion failed on a 8-8 vote.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	No
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	No
	Scott	Yes
	Spence	Yes
	Tyler	No
	Williams A.	Excused
	Williams S.	No
	Young	No
	Vaad	Yes
	Hudak	No

YES: 8 NO: 8 EXC: 3 ABS: 1 FINAL ACTION: TIE

11:01 AM -- Bill 3

The committee took a brief recess.

11:09 AM

The committee came back to order. Senator Schwartz presented Bill 3 (Attachment E). Currently, the executive director of the Department of Personnel (director) is required to purchase motor vehicles that operate on compressed natural gas (CNG) for the state's motor vehicle fleet system, subject to their availability and the availability of adequate fuel and fueling infrastructure. There is an exemption if the increased cost of the vehicle is more than 10 percent over the cost of a comparable nonflexible fuel vehicle. Beginning on July 1, 2013, Bill 3 requires the director to purchase motor vehicles that operate on CNG or other alternative fuels for the state's motor vehicle fleet system if either the increased base cost of such vehicle or the increased life-cycle cost of such vehicle is not more than 10 percent over the cost of a comparable nonflexible fuel vehicle. Amendment #1 was distributed to the committee (Attachment F). Senator Hudak asked if electric vehicles are considered an alternative fuel vehicle. Senator Schwartz responded that electric vehicles are included as alternative fuel vehicles.

11:14 AM -- Ms. Nicole Myers, Office of Legislative Legal Services (OLLS), came to the table to respond to questions concerning the short title of the bill.

11:16 AM

Representative Scott asked if the bill could create a problem with federal funding for alternate fuel vehicles and if the Governor's Energy Office would be able to provide this report without legislation. Senator Schwartz clarified that there is a directive in the bill that builds on a 2008 bill addressing alternate fuel vehicles. Senator Hudak clarified the purpose of the bill.

11:19 AM

Senator Williams asked about the report required pursuant to the bill.

11:21 AM

Representative Ramirez asked about the inclusion of electric vehicles as alternative fuel vehicles.

11:22 AM

Representative Vaad commented on the focus of the TLRC and expressed his opposition to the bill.

11:24 AM

Representative Barker commented on the bill and expressed his concern about mandating the purchase of motor vehicles that operate on CNG or other alternative fuels.

11:25 AM

Representative Scott commented on CNG vehicles and expressed that he supports the concept but isn't sure how the bill will achieve its purpose.

11:26 AM

Senator Schwartz commented on fleet conversions in the state and the fiscal benefit of using alternative fuel vehicles.

11:28 AM

Senator Hudak commented on language in the bill. Discussion ensued concerning the intent of the bill.

11:31 AM

Discussion ensued concerning the purpose of the bill. Senator Schwartz commented on language on page 5.


BILL:	Bill 3
TIME:	11:37:34 AM
MOVED:	Hudak
MOTION:	Move to strike page 3, line 16, after "gas" through line 18 after "GAS". The motion passed without objection.
SECONDED:
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	King S.
	Looper	Absent
	Newell	Excused
	Priola
	Ramirez
	Renfroe	Excused
	Schwartz
	Scott
	Spence
	Tyler
	Williams A.	Excused
	Williams S.
	Young
	Vaad
	Hudak

YES: 0 NO: 0 EXC: 3 ABS: 1 FINAL ACTION: Pass Without Objection


BILL:	Bill 3
TIME:	11:38:54 AM
MOVED:	Schwartz
MOTION:	Moved to adopt proposed Amendment #1 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	King S.
	Looper	Absent
	Newell	Excused
	Priola
	Ramirez
	Renfroe	Excused
	Schwartz
	Scott
	Spence
	Tyler
	Williams A.	Excused
	Williams S.
	Young
	Vaad
	Hudak

YES: 0 NO: 0 EXC: 3 ABS: 1 FINAL ACTION: Pass Without Objection

11:44 AM -- Mr. Bob Yuhunke, representing the Southwest Energy Efficiency Project, came to the table. He commented on the bill and responded to questions from the committee.

11:52 AM

Senator Schwartz presented closing comments on the bill. Representative Brown commented on the bill.


BILL:	Bill 3
TIME:	11:54:15 AM
MOVED:	Schwartz
MOTION:	Moved that Bill 3, as amended, be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 12-3.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	No
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Excused
	Tyler	Yes
	Williams A.	Excused
	Williams S.	No
	Young	Yes
	Vaad	No
	Hudak	Yes

YES: 12 NO: 3 EXC: 4 ABS: 1 FINAL ACTION: PASS

11:55 AM

Senator Hudak asked for sponsors. Senator Schwartz will be the sponsor in the Senate, where the bill will begin. Representatives Scott and Tyler will be co-prime sponsors in the House. The following members requested that their names be added as co-sponsors: Representative Jones, Representative Hamner, Representative Young, and Representative Fischer.

11:57 AM -- Bill 4

Senator Hudak presented Bill 4 (Attachment G). The bill makes the statement on the notice of vehicle registration regarding the penalty for failure to register a vehicle consistent with the actual statutory penalty. The bill also repeals the statutory provisions for two retired special license plates.


BILL:	Bill 4
TIME:	11:58:26 AM
MOVED:	Priola
MOTION:	Moved that Bill 4 be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 15-0.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Excused
	Tyler	Yes
	Williams A.	Excused
	Williams S.	Yes
	Young	Yes
	Vaad	Yes
	Hudak	Yes

YES: 15 NO: 0 EXC: 4 ABS: 1 FINAL ACTION: PASS

11:59 AM

Senator Hudak asked for prime sponsors. Senator Hudak requested to be prime sponsor in the Senate, where the bill will begin. Representative Young will be prime sponsor in the House. The following members requested that their names be added as co-sponsors: Representative Tyler, Representative Hamner, and Representative Priola.

12:00 PM

The committee recessed for lunch.

01:09 PM

The committee came back to order.

01:10 PM -- Bill 5

Senator King presented Bill 5 to the committee (Attachment H). The existing definition of "DUI per se" is expanded to include driving when the driver's blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood. Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. Bill 5 removes this presumption and states instead that such fact gives rise to a "permissible inference" that the defendant was under the influence of alcohol. The bill removes statutory instances of the term "habitual user". Senator King discussed the provisions of the bill.

01:18 PM

Senator Williams commented on the bill and asked about individuals who have medical marijuana cards. Senator King responded that no one should get behind the wheel while impaired after smoking marijuana. Senator Hudak asked about statistics from the Department of Transportation. Senator King commented on statistics from the Colorado Department of Public Health and Environment (CDPHE). Representative Barker commented the need to make driving under the influence of drugs more controllable and stressed the importance of focusing on the safety aspect of the issue.

The following person signed up to testify:

01:27 PM -- Mr. Michael Elliott, representing the Medical Marijuana Industry Group (MMIG), came to the table. Mr. Elliott commented on MMIG's opposition to the bill. He discussed the 5 nanogram limit pursuant to the bill. He said there has only been one international test on the effectiveness of per se laws and the test showed that per se laws have zero effect on public safety. Senator King asked Mr. Elliott to explain the complied consent law in Colorado. Senator Schwartz asked about roadside sobriety tests in relation to demonstration of lack of impairment.

01:41 PM

Senator King asked about drug recognition experts (DREs).

01:44 PM

Representative Barker asked about states that have zero-tolerance policies. Mr. Elliott commented on medical marijuana states that have seen traffic fatalities go down.

01:46 PM

Representative Ramirez commented on recreational use of marijuana.

01:47 PM

Representative Scott asked about MMIG's training and education efforts concerning impaired driving.

01:52 PM

Senator King and Mr. Elliott discussed the 5 nanogram delta 9-THC.

01:55 PM

Representative Ramirez commented on current law addressing impaired driving under the influence of alcohol and drugs.

01:58 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol (CSP), came to the table to respond to questions from the committee. Representative Fischer asked for more information on the blood draw requirement and the implied consent laws. Mr. Juchem gave a description of the implied consent law in Colorado, including reasonable suspicion of a violated crime, probable cause, and voluntary roadside maneuvers. He commented on what law enforcement officers look for when pulling suspected individuals over, according to current law. Committee discussion ensued concerning express consent laws under current law.

02:09 PM

Representative Tyler asked for information concerning mandatory tests for DUI for vehicular assault and vehicular homicide. He also asked about roadside tests for driving while impaired under drugs.

02:13 PM

Representative Ramirez asked about current law concerning driving while impaired.


BILL:	Bill 5
TIME:	02:13:59 PM
MOVED:	King S.
MOTION:	Moved that Bill 5 be included as one of the bills forwarded to Legislative Council. . The motion passed on a vote of 10-6.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	No
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Yes
	Tyler	No
	Williams A.	Excused
	Williams S.	No
	Young	No
	Vaad	Yes
	Hudak	No

YES: 10 NO: 6 EXC: 3 ABS: 1 FINAL ACTION: PASS

02:14 PM

Senator King read testimony from a Senate Judiciary Committee hearing in the 2012 session. Representative Hamner asked why Senator King is running this as a TLRC bill.

02:19 PM

Senator Hudak asked for sponsors and co-sponsors. Senator King will be prime sponsor in the Senate, where the bill will begin. Representative Barker will be prime sponsor in the House. Representative Brown requested that his name be added as a co-sponsor.

02:19 PM -- Bill 6

Senator Hudak presented Bill 6 (Attachment I). The bill directs the Department of Revenue to set up an electronic system to receive tax reports filed by the owners of rental special mobile machinery. The department will make the reports available to the counties and remit the tax to the counties as if it were paid directly to the counties. Senator Schwartz asked for information concerning revenues associated with taxes.


BILL:	Bill 6
TIME:	02:24:00 PM
MOVED:	Brown
MOTION:	Moved that Bill 6 be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 16-0.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Yes
	Tyler	Yes
	Williams A.	Excused
	Williams S.	Yes
	Young	Yes
	Vaad	Yes
	Hudak	Yes

YES: 16 NO: 0 EXC: 3 ABS: 1 FINAL ACTION: PASS

02:24 PM

Senator Hudak asked for sponsors and co-sponsors. Representative Brown will be the prime-sponsor in the House, where the bill will begin. Senator Hudak will be prime-sponsor in the Senate. The following members requested that their names be added as co-sponsors: Representative Fischer, Representative Priola, Representative Ramirez, Representative Scott, Representative Tyler, and Representative Young.

02:26 PM -- Bill 8

Representative Ramirez explained that he withdrew Bill 7 concerning the MOST program. He explained that the bill is not ready but they will continue to work on it.

Representative Young presented Bill 8 (Attachment J). The bill repeals the fee currently charged to a member of the armed services for the branch-of-service identifier on a Colorado driver's license or state identification card.


BILL:	Bill 8
TIME:	02:31:08 PM
MOVED:	Brown
MOTION:	Moved to include Bill 8 as one of the bills forwarded to Legislative Council. The motion passed on a vote of 16-0.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Yes
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Yes
	Tyler	Yes
	Williams A.	Excused
	Williams S.	Yes
	Young	Yes
	Vaad	Yes
	Hudak	Yes

YES: 16 NO: 0 EXC: 3 ABS: 1 FINAL ACTION: PASS

02:32 PM

Representative Young is prime sponsor in the House, where the bill will begin. Senator Hudak is the prime sponsor in the Senate. All members present at the meeting requested that their names be added as co-sponsors.

02:33 PM -- Bill 9

Representative Scott presented Bill 9 (Attachment K). The bill limits the number of alumni, designer, military, or group special license plates to 96. Representative Scott discussed the impetus behind the bill.

02:35 PM -- Mr. Bobby Juchem, representing CSP, came to the table to respond to questions from the committee. Senator Williams asked about the design of license plates, specifically the colors, and if the different colors make it difficult for law enforcement to distinguish Colorado license plates.

02:42 PM

Representative Hamner commented that Colorado currently has 96 special license plates.

02:43 PM

Committee discussion ensued concerning the bill and current license plate totals.


BILL:	Bill 9
TIME:	02:46:14 PM
MOVED:	Scott
MOTION:	Moved that Bill 9 is included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 8-7.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	No
	Jones	No
	King S.	Excused
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	No
	Tyler	No
	Williams A.	Excused
	Williams S.	No
	Young	No
	Vaad	Yes
	Hudak	No

YES: 8 NO: 7 EXC: 4 ABS: 1 FINAL ACTION: PASS

02:50 PM

Senator Hudak asked for sponsors and co-sponsors. Representative Scott and Representative Priola are the co-prime sponsors in the House, where the bill will begin. The following members requested that their names be added as co-sponsors: Representative Brown and Representative Fischer.

02:50 PM -- Bill 10

Representative Brown presented Bill 10 (Attachment L). The Public Utilities Commission (PUC) is currently required to provide the executive director of the department of revenue with a list of the public utilities subject to its jurisdiction. The bill exempts certain rail fixed guideway systems from inclusion on the list. Current law authorizes the PUC to establish an oversight program for the safety and security of rail fixed guideway systems pursuant to the federal "Intermodal Surface Transportation Efficiency Act of 1991". In addition, the bill authorizes the PUC to establish the oversight program pursuant to the new federal "Moving Ahead for Progress in the 21st Century Act" (new federal Act).

Current law allows the PUC to assess fees to cover its administrative costs in connection with the oversight of rail fixed guideway systems. However, the new federal Act prohibits the commission from fixing fees against any rail fixed guideway system that it regulates. To comply with the new federal Act, the bill eliminates the authority of the PUC to assess fees to cover administrative expenses and eliminates the requirement that all fees collected be remitted to the state treasurer and credited to the Public Utilities Commission Fixed Utility Fund. In addition, the bill clarifies that the PUC may still expend moneys from the Public Utilities Commission Fixed Utility Fund to cover administrative expenses.

02:52 PM -- Ms. Nicole Myers, representing OLLS, and Ms. Pamela Fischhaber, from the Public Utilities Commission (PUC), came to the table. Ms. Fischhaber explained the intent of the bill and explained that the bill keeps the state in compliance with the federal Map 21 legislation.


BILL:	Bill 10
TIME:	02:55:18 PM
MOVED:	Brown
MOTION:	Moved that Bill 10 be included as one of the bills forwarded to LC. The motion passed on a vote of 15-0.
SECONDED:
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	King S.	Excused
	Looper	Absent
	Newell	Excused
	Priola	Yes
	Ramirez	Yes
	Renfroe	Excused
	Schwartz	Yes
	Scott	Yes
	Spence	Yes
	Tyler	Yes
	Williams A.	Excused
	Williams S.	Yes
	Young	Yes
	Vaad	Yes
	Hudak	Yes

YES: 15 NO: 0 EXC: 4 ABS: 1 FINAL ACTION: PASS

02:56 PM

Senator Hudak asked for sponsors and co-sponsors. Representative Brown will be the prime sponsor in the House, where the bill will begin. Senator Schwartz will be the prime sponsor in the Senate. The following members requested that their names be added as co-sponsors: Representative Fischer, Representative Priola. and Representative Tyler.

Senator Hudak asked the committee if OLLS has the authority to make technical changes as they draft the bill.

02:58 PM

Representative Young thanked Representative Vaad for his service. Senator Schwartz acknowledged the committee's work and members who will not be returning next session.

02:59 PM

Representative Fischer announced the 4th Annual Ram Bicycle Classic in Fort Collins.

03:01 PM

The committee adjourned.