Date: 04/28/2014

Final
BILL SUMMARY for SB14-181

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.008 (Attachment E). The motion p
Refer Senate Bill 14-181, as amended, to the Commi
SUBSTITUTE MOTION: Refer Senate Bill 14-181, as am		PASS

PASS



01:57 PM -- SB14-181

Speaker Ferrandino and Representative Humphrey, co-sponsors, presented Senate Bill 14-181. The bill prohibits the use of an automated vehicle identification system, including photo radar and red light cameras, by state and local governments for the purposes of enforcing traffic laws or issuing citations for the violation of traffic laws. The bill also repeals the authorization that the Colorado Department of Public Safety (DPS), at the request of the Colorado Department of Transportation (CDOT), use an automated vehicle identification system to detect speed violations in a highway maintenance, repair, or construction zone. Under the bill, a governmental entity may use an automated vehicle identification system to assess tolls and civil penalties on toll roads and highways, and to issue citations for violations related to high occupancy vehicles and high occupancy toll lanes.


02:08 PM

Speaker Ferrandino and Representative Humphrey responded to questions from the committee about the merits of the bill. Speaker Ferrandino expressed his belief that red light cameras do not increase public safety.


02:18 PM

Committee questions continued about the nexus between increased public safety and red light cameras.


02:27 PM

Committee discussion continued.

02:28 PM -- George Pagani, representing himself, testified in support of the bill. Mr. Pagani expressed his opinion that red light cameras are a revenue generator for the city. He said the current system is primed for abuse.

02:33 PM -- Dennis Gallagher, City and County of Denver Auditor, testified on the bill. Mr. Gallagher described his office's 2011 audit of Denver's photo radar program. He explained that he found the program has not tangibly improved public safety, while bringing in significant revenue for the city. He noted that Denver only uses red light cameras at four intersections, and he questioned the selection of those intersections. He discussed the follow-up work his office has done since the 2011 audit on this issue. He provided a written copy of his testimony and the executive summary of his audit (Attachment A).

14HseState0428AttachA.pdf14HseState0428AttachA.pdf

02:40 PM -- Fred Neitzel, representing himself, testified in favor of the bill. Mr. Neitzel spoke about his experience with a speeding ticket from a photo radar van. He discussed the knowledge and experience of the operator of the photo radar, which became relevant when he took his case to trial. In response to questions from the committee, he provided statistics about red light cameras and photo radar.

02:47 PM -- Lt. Jeff Turner, representing the Aurora Police Department, testified in opposition to the bill. Lt. Turner described the city of Aurora's red light camera program, and he provided data about accidents and citations at red light camera intersections. He discussed due process under the photo radar program. He described Aurora's use of photo radar revenue beyond expenses. He added that the bill violates cities' home rule.

02:52 PM -- Commander Dustin Varney, representing the Greenwood Village Police Department, testified in opposition to the bill. Commander Varney described Greenwood Village's photo radar program. He noted that increasing the length of yellow lights resulted in more speeding. He discussed Greenwood Village's efforts to address due process concerns. He stated that injury accidents will increase if the bill is passed.

02:56 PM -- Commander Chuck Baker, representing the Commerce City Police Department, testified in opposition to the bill. Commander Baker described the major intersection for which Commerce City uses red light cameras. He stated that the cameras have reduced violations at this intersection and changed behavior. He responded to questions from the committee. He provided a position paper from the city (Attachment B).

14HseState0428AttachB.pdf14HseState0428AttachB.pdf

03:02 PM -- John Hutto, Fort Collins Chief of Police, testified in opposition to the bill. Chief Hutto noted that photo enforcement keeps officers out of harm's way in dangerous intersections.

03:06 PM -- Bob Hendry, representing the Boulder Police Department, testified in opposition to the bill. Mr. Hendry explained how the Boulder photo radar program works. He indicated that the process is as transparent as he can make it. He responded to questions from the committee.

03:10 PM -- Mitch Morrissey, Denver District Attorney, testified in opposition to the bill. Mr. Morrissey spoke about a hit and run murder case his office solved using a red light camera. He stated that red light cameras in Denver hold people accountable for their actions. He discussed individuals killed by hit and run drivers. He responded to questions from the committee and distributed a letter from a number of Colorado mayors who are opposed to the bill (Attachment C).

14HseState0428AttachC.pdf14HseState0428AttachC.pdf

03:21 PM

The committee continued to ask Mr. Morrissey questions about the efficacy of red light cameras.

03:32 PM -- Lt. Robert Rock, representing the Denver Police Department, testified in opposition to the bill. Lt. Rock spoke about the Denver photo radar program. He explained that he is a traffic investigator and accident reconstruction expert, and he discussed the benefits of photo speed enforcement in reducing accidents. He noted in particular the dangers of side impact collisions. He further explained that Denver has many nonresidents who commute into the city. He responded to questions from the committee.


03:45 PM

Lt. Rock continued to respond to questions from the committee.

03:54 PM -- Diana Goldberg, representing SungateKids, testified in opposition to the bill. Ms. Goldberg stated that a person running a red light is breaking the law and should expect to be punished. She spoke about programs and services that receive funding from red light camera revenue.

03:58 PM -- Ted Porras, representing the Denver Police Department, testified in opposition to the bill. Mr. Porras described his work for the department and discussed the impact of Denver's photo enforcement programs. He explained that the city focuses its programs on recurring traffic problems in Denver. He commented extensively about due process. He responded to questions from the committee and distributed a number of studies about red light cameras (Attachment D).

14HseState0428AttachD.pdf14HseState0428AttachD.pdf

04:06 PM -- George Stewart, representing himself, testified in opposition to the bill. Mr. Stewart spoke about his experience as a frequent pedestrian in Denver. He indicated that the streets are very unsafe.

04:12 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Jackson spoke at length about public safety.

04:17 PM -- Kimberlie Ryan, representing herself, testified in support of the bill. Ms. Ryan spoke about due process. She responded to questions from the committee.

04:26 PM -- Vivian Stovall, representing the Denver Commission on Aging and herself, testified in opposition to the bill. Ms. Stovall described her experience as a person with a disability and a pedestrian. She told the committee about traffic violations in her neighborhood. She expressed concern that the bill interferes with the rights of cities.

04:32 PM -- Julie Farrar, representing herself, testified in opposition to the bill. Ms. Farrar explained that photo radar is an important tool to enforce pedestrian safety. She added that cameras catch people who are violating the law.


04:35 PM

The committee took a brief recess.


04:45 PM

The committee returned to order.
BILL:SB14-181
TIME: 04:48:34 PM
MOVED:Ryden
MOTION:Adopt amendment L.008 (Attachment E). The motion passed on a vote of 6-5.
14HseState0428AttachE.pdf14HseState0428AttachE.pdf
SECONDED:Labuda
VOTE
Conti
No
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Williams
Yes
Salazar
No
Ryden
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:50 PM

Speaker Ferrandino and Representative Humphrey wrapped up their presentation of the bill and asked for a favorable recommendation.
BILL:SB14-181
TIME: 04:54:22 PM
MOVED:Humphrey
MOTION:Refer Senate Bill 14-181, as amended, to the Committee of the Whole. A substitute motion sent the bill to the Committee on Appropriations.
SECONDED:Salazar
VOTE
Conti
Dore
Foote
Humphrey
Labuda
Melton
Moreno
Nordberg
Williams
Salazar
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:SB14-181
TIME: 05:00:36 PM
MOVED:Dore
MOTION:SUBSTITUTE MOTION: Refer Senate Bill 14-181, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:Labuda
VOTE
Conti
No
Dore
Yes
Foote
Yes
Humphrey
Yes
Labuda
Yes
Melton
No
Moreno
Yes
Nordberg
Yes
Williams
No
Salazar
No
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:03 PM

The committee recessed.