Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:03/12/2014
ATTENDANCE
Time:01:34 PM to 04:54 PM
Buck
X
Coram
*
Place:HCR 0112
Everett
X
Fischer
X
This Meeting was called to order by
Ginal
X
Representative Tyler
Kraft-Tharp
X
Lawrence
X
This Report was prepared by
Lee
X
Kelli Kelty
Mitsch Bush
X
Peniston
X
Scott
X
Moreno
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1299
HB14-1225		Referred to the Committee of the Whole
Committee Vote - Final Action Failed


01:34 PM -- HB 14-1299

Representative Tyler, chair, called the meeting to order. A quorum was present. Representative Tyler, prime sponsor, presented House Bill 14-1299. The bill removes the requirement that a vehicle be under six years old when the damage occurred in order to be considered a salvage vehicle. Representative Tyler discussed the intent of the bill and distributed a handout to the committee (Attachment A).

140312 AttachA.pdf140312 AttachA.pdf

The following people testified on the bill:

01:38 PM -- Todd Wallace, representing Farmers Insurance, testified in opposition to the bill. He said that the bill will have a negative impact on low-income Coloradans who want to retain an older-model vehicle.

01:41 PM -- David Cardella, representing the Colorado Independent Automobile Dealers Association, testified in support of the bill. He said that insurance companies will not insure a salvage vehicle and distributed a handout to the committee (Attachment B).

140312 AttachB.pdf140312 AttachB.pdf

01:49 PM -- RJ Hicks, representing the Colorado Motor Carriers Association (CMCA), testified in support of the bill. He provided an overview of salvage vehicles and distributed a handout to the committee (Attachment C). He commented on title washing and responded to questions from the committee.

140312 AttachC.pdf140312 AttachC.pdf

02:00 PM -- Ryan Hochmiller, representing the Colorado Auto Recyclers, testified in support of the bill. He said the average age of vehicles in Colorado is 12 years old.

02:03 PM -- Dave Hall, representing the Colorado State Patrol (CSP), testified in support of the bill.

02:05 PM -- Tim Jackson, representing the Colorado Automobile Dealers Association, testified in support of the bill.

02:08 PM -- Leo Boyle, representing the Car Collectors Council of Colorado, testified on the bill.

BILL:HB14-1299
TIME: 02:13:11 PM
MOVED:Tyler
MOTION:Refer House Bill 14-1299 to the Committee of the Whole. The motion passed on a vote of 12-0, with one member excused.
SECONDED:Lee
VOTE
Buck
Yes
Coram
Excused
Everett
Yes
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
Yes
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Scott
Yes
Moreno
Yes
Tyler
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




02:18 PM -- HB 14-1225

Representative Melton, prime sponsor, presented House Bill 14-1225. Under current law, it is a class A traffic infraction for an adult to use a wireless phone for text messaging or other similar forms of manual data entry or transmission (texting) while driving a motor vehicle. The bill expands the offense to prohibit the use of a wireless phone application while driving. The bill also prohibits an adult from using a wireless phone to make or receive a phone call while driving, unless the driver uses a hands-free device. This is a class A traffic infraction, if:

• the driver is stopped for another traffic violation, the officer witnesses the use of the phone, and the violation occurs in a school or construction zone; or
• the violation was the cause of a traffic accident.

Exceptions are made for use of a wireless phone while driving if an emergency situation occurs or if the driver is contacting a public safety entity. Representative Melton discussed the intent of the bill and distributed a handout to the committee (Attachment D). He said that 12 states and the District of Columbia have implemented laws requiring hands-free cellphones in vehicles. Representative Lawrence cited a University of Alabama study related to distracted driving. Discussion ensued concerning current law addressing distracted driving and current offenses. Representative Lawrence asked what people are supposed to do if they can't afford a vehicle that has Bluetooth capabilities. Representative Kraft-Tharp asked for more information about the scope of the bill. Discussion ensued concerning enforcement of the bill.

140312 AttachD.pdf140312 AttachD.pdf

02:41 PM

Discussion ensued concerning language in the bill related to the definition of "hands-free devices".

The following people testified on the bill:

02:45 PM -- Jeffrey Hartman, representing the University of Colorado Economic Department, testified in opposition to the bill.

02:51 PM -- Shelley Forney, representing herself, testified in support of the bill. She spoke about how her daughter died as a result of distracted driving. She discussed the day that her daughter died after being hit by a car while riding her bike home from school. The woman who was driving the vehicle was on her cell phone. She spoke about her daughter and the life she should have been able to lead. She showed a picture of her daughter and spoke about her family's ongoing efforts to fight distracted driving. She commented on the organization that she started to promote cell phone-free driving.

03:15 PM -- Howard Paul, representing the Emergency Medical Services Association of Colorado, testified in support of the bill. He commented on prepared amendment L.009 (Attachment E).

140312 AttachE.pdf140312 AttachE.pdf

03:18 PM -- Dennis Haberstumpf, representing ABATE of Colorado, testified in support of the bill.

03:22 PM -- Brandon LaSalle, representing American Family Insurance and Allstate, testified in support of the bill.

03:23 PM -- Juanita Chacon, representing herself, testified in support of the bill. She said that she has been in three serious accidents from using her cell phone while driving. She commented on the importance of this bill.

03:31 PM -- RJ Hicks, representing CMCA, testified in support of the bill.

03:34 PM -- Wave Dreher, representing American Automobile Association of Colorado, testified in support of the bill. She said that there are three main sources of distracted driving: visual, manual, and cognitive. She said the cognitive distraction is the hardest to measure. She commented on a scale of rating distractions for drivers. She responded to questions from the committee concerning whether the bill is an effective solution to distracted driving.

03:45 PM -- Dave Hall, representing CSP, responded to questions from the committee concerning distracted driving and enforcement. He said that currently the CSP is neutral on the bill. Representative Buck asked about public education related to distracted driving. Representative Scott asked about penalties under the bill related to reckless and careless driving penalties. He asked if the penalties under the bill are strict enough and how law enforcement can prove that an individual is violating the law. Representative Moreno asked about careless driving in a school or construction zone. Mr. Hall said that fines are doubled in school and construction zones.

03:59 PM -- Kurt Morrison, representing the Colorado Department of Transportation, responded to questions from the committee. Representative Moreno asked for a general overview of federal law related to distracted driving. Discussion ensued concerning federal law.
BILL:HB14-1225
TIME: 04:13:03 PM
MOVED:Tyler
MOTION:Adopt amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Mitsch Bush
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

140312 AttachF.pdf140312 AttachF.pdf

BILL:HB14-1225
TIME: 04:13:18 PM
MOVED:Moreno
MOTION:This is a conceptual amendment page 3, line 10 insert "HANDHELD" after "A". The motion passed without objection.
SECONDED:Tyler
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1225
TIME: 04:14:33 PM
MOVED:Lee
MOTION:Adopt amendment L.005 (Attachment G). The motion failed on a vote of 4-9.
SECONDED:Mitsch Bush
VOTE
Buck
No
Coram
No
Everett
No
Fischer
No
Ginal
No
Kraft-Tharp
Yes
Lawrence
No
Lee
No
Mitsch Bush
Yes
Peniston
Yes
Scott
No
Moreno
Yes
Tyler
No
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


140312 AttachG.pdf140312 AttachG.pdf
BILL:HB14-1225
TIME: 04:23:38 PM
MOVED:Fischer
MOTION:Adopt amendment L.006 (Attachment H). The motion passed without objection.
SECONDED:Tyler
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


140312 AttachH.pdf140312 AttachH.pdf
BILL:HB14-1225
TIME: 04:24:42 PM
MOVED:Lee
MOTION:Adopt amendment L.007 (Attachment I). The motion passed without objection.
SECONDED:Moreno
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

140312 AttachI.pdf140312 AttachI.pdf

BILL:HB14-1225
TIME: 04:25:32 PM
MOVED:Fischer
MOTION:Adopt prepared amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:Moreno
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



04:30 PM

Discussion ensued concerning penalties under the bill.

BILL:HB14-1225
TIME: 04:33:41 PM
MOVED:Fischer
MOTION:Refer House Bill 14-1225, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:Ginal
VOTE
Buck
No
Coram
No
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
No
Lawrence
No
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Scott
No
Moreno
No
Tyler
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB14-1225
TIME: 04:53:43 PM
MOVED:Lawrence
MOTION:Postpone House Bill 14-1225 indefinitely. The motion failed on a vote of 6-7.
SECONDED:Everett
VOTE
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
No
Ginal
No
Kraft-Tharp
Yes
Lawrence
Yes
Lee
No
Mitsch Bush
No
Peniston
No
Scott
Yes
Moreno
No
Tyler
No
Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



04:54 PM

The committee adjourned.