Date: 09/30/2015

Final
Discussion of Potential TLRC Legislation

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Votes: View--> Action Taken:
Approve a bill proposal related to changing the au
Approve a bill proposal related to the creation of
Approve a bill proposal related to the outsourcing
Approve a bill proposal relating to passenger vehi
Approve a bill proposal that extends the sunset da
Approve a bill proposal to allow kei vehicles to b
Approve a bill proposal to allow Regional Transpor
Approve a bill proposal to increase the membership
Approve a bill proposal to require tow operators t
Pass Without Objection
TIE
PASS
Pass Without Objection
PASS
Pass Without Objection
PASS
Pass Without Objection
Pass Without Objection




01:02 PM -- Discussion of Potential TLRC Legislation

Representative Tyler, chair, brought the committee back to order. Jery Payne, Office of Legislative Legal Services, and Matt Kiszka, Legislative Council Staff, provided an overview of the bill drafting process to the committee.


01:07 PM

Representative Tyler opened the floor to bill drafting suggestions. Representative Mitsch Bush discussed a bill proposal related to chain use on the I-70 corridor and discussed the background of the issue. She also provided a printout of her bill proposal (included in Attachment A). She proposed a bill that would clarify passenger vehicle traction requirements and responsibilities on the I-70 mountain corridor when snowy, icy conditions exist. Representative Mitsch Bush outlined why the bill was necessary, including the economics of I-70 closures. She described her bill's main points, including: specifying an area of the highway where adequate traction devices are required; specifying that traction devices are required when conditions exist; clarify and simplify the statutes related to traction; and requiring CDOT to educate the public about the requirements under the draft bill. Representative Mitsch Bush responded to a question about the issues that came up when this bill draft idea was House Bill 15-1173.
BILL:Discussion of Potential TLRC Legislation
TIME: 01:18:41 PM
MOVED:Mitsch Bush
MOTION:Approve a bill proposal relating to passenger vehicle traction requirements and responsibilities on the I-70 mountain corridor when snowy, icy conditions exist to be drafted by the Office of Legislative Legal Services. The motion passed without objection.
SECONDED:Melton
VOTE
Arndt
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Heath
Kraft-Tharp
Melton
Mitsch Bush
Neville P.
Nordberg
Scott
Todd
Winter
Baumgardner
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


01:19 PM

Representative Carver discussed two bill proposals (included in Attachment A). She explained her first bill proposal related to changing the authority to which the Statewide Transportation Advisory Committee provides its input from CDOT to the Transportation Commission. She responded to questions and comments from the committee.
BILL:Discussion of Potential TLRC Legislation
TIME: 01:24:15 PM
MOVED:Carver
MOTION:Approve a bill proposal related to changing the authority to which the Statewide Transportation Advisory Committee provides its input from CDOT to the Transportation Commission to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:Buck
VOTE
Arndt
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Heath
Kraft-Tharp
Melton
Mitsch Bush
Neville P.
Nordberg
Scott
Todd
Winter
Baumgardner
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


01:26 PM

Representative Carver discussed her second bill proposal. The bill proposed to increase the membership of the Transportation Commission from 11 to 15 and to align the membership districts of the Transportation Commission to the 15 Transportation Planning Regions. Committee discussion ensued.
BILL:Discussion of Potential TLRC Legislation
TIME: 01:28:00 PM
MOVED:Carver
MOTION:Approve a bill proposal to increase the membership of the Transportation Commission from 11 to 15 and to align the membership districts of the Transportation Commission to the 15 Transportation Planning Regions to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:Becker J.
VOTE
Arndt
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Heath
Kraft-Tharp
Melton
Mitsch Bush
Neville P.
Nordberg
Scott
Todd
Winter
Baumgardner
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


01:29 PM

Senator Scott discussed a bill proposal to outsource certain Division of Motor Vehicle (DMV) services by allowing the state to enter into a cooperative agreement with non-governmental organizations, like AAA (Attachment G). Committee members discussed stakeholders to be notified, implementation logistics, and convenience fees.

15TLRC0930AttachG.pdf15TLRC0930AttachG.pdf
BILL:Discussion of Potential TLRC Legislation
TIME: 01:42:32 PM
MOVED:Scott
MOTION:Approve a bill proposal related to the outsourcing of Division of Motor Vehicle services to third-party entities to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 13-5.
SECONDED:Coram
VOTE
Arndt
No
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
No
Heath
Yes
Kraft-Tharp
No
Melton
No
Mitsch Bush
No
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Baumgardner
Yes
Tyler
Yes
YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:44 PM

Representative Nordberg discussed a bill proposal stemming from the recent legislative audit report issued by the Office of the State Auditor on the "Collection and Usage of the FASTER Motor Vehicle Fees." Representative Nordberg provided an overview of the Legislative Audit Committee meeting on the report and discussed the need for CDOT to improve its documentation, transparency, and accountability processes. Representative Nordberg was asked to clarify the intent of the bill draft. Representative Nordberg stated that it was to have CDOT document why projects were selected over others and steps taken in its general prioritization process. Representative Nordberg responded to a question about whether this could be resolved through a SMART Act hearing process. Committee discussion ensued about how to proceed with issues raised in the audit.


01:55 PM

Committee discussion continued on the audit. Senator Baumgardner requested that CDOT come to the table.

01:57 PM --
Mr. Andy Karsian, Legislative Liaison, CDOT, came to the table to address committee questions related to the audit. He discussed CDOT's prioritization methods and its willingness to share any documentation related to the FASTER audit with the TLRC. Mr. Karsian responded to questions from the committee.


02:05 PM

Committee discussion ensued around the suggestion that the Legislative Audit Committee pursue drafting legislation related to audit recommendations.
BILL:Discussion of Potential TLRC Legislation
TIME: 02:13:34 PM
MOVED:Nordberg
MOTION:Approve a bill proposal related to the creation of a documentation process to be implemented by the Colorado Department of Transportation to record why projects are funded and how they are prioritized to be drafted by the Office of Legislative Legal Services, as discussed. The motion failed on a 9-9 vote.
SECONDED:Buck
VOTE
Arndt
No
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
No
Heath
No
Kraft-Tharp
No
Melton
No
Mitsch Bush
No
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
No
Winter
No
Baumgardner
Yes
Tyler
No
YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE


02:16 PM

Mr. Karsian stated that he would provide committee members with further audit documentation.


02:17 PM

Representative Becker discussed a bill proposal to revive House Bill 15-1089 to allow kei vehicles on certain roads, with the change that kei vehicle dealers must become auto dealers. Representative Becker discussed the benefits of the legislation and responded to committee concerns about the hardship on small business owners who currently sell these vehicles.
BILL:Discussion of Potential TLRC Legislation
TIME: 02:18:19 PM
MOVED:Becker J.
MOTION:Approve a bill proposal to allow kei vehicles to be used on certain roads, as outlined in House Bill 15-1089, and to further require kei vehicle dealers to become auto dealers to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:Neville P.
VOTE
Arndt
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Heath
Kraft-Tharp
Melton
Mitsch Bush
Neville P.
Nordberg
Scott
Todd
Winter
Baumgardner
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:20 PM

Representative Tyler discussed a bill draft to allow buses from the Regional Transportation District to operate on the U.S. Highway 36 shoulder, calling it a technical, clean-up bill. He asked Mr. Karsian to return to the table to discuss the CDOT-based bill draft request. Mr. Karsian stated that bus-on-shoulder passing is prohibited in statute, but was a part of the concessionaire agreement on U.S. Highway 36. He discussed the training requirements in other states and stated that the intent of the bill is to allow a bus to pass other vehicles, under certain circumstances, when that shoulder has been built to specifications to allow safe passage. Mr. Karsian responded to concerns from the committee related to emergency vehicles using the shoulder and the stakeholder process involved in the legislation. Mr. Karsian responded to a question about whether this applies only to the U.S. Highway 36 corridor, to which he replied yes.
BILL:Discussion of Potential TLRC Legislation
TIME: 02:29:04 PM
MOVED:Tyler
MOTION:Approve a bill proposal to allow Regional Transportation District buses to drive on the shoulder of U.S. Highway 36 to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 14-3.
SECONDED:Winter
VOTE
Arndt
Yes
Becker J.
Yes
Buck
No
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Yes
Heath
Excused
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Neville P.
No
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Baumgardner
No
Tyler
Yes
YES: 14 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:30 PM

Representative Tyler discussed a bill proposal that would revise the statutes related to the abandoned vehicle ownership process. The bill would require tow operators to check the National Motor Vehicle Title System when assessing an abandoned vehicle.

02:31 PM --
Jay Hicks, Colorado Motor Carriers Association, came to the table to discuss the issue. He said that currently statute only requires tow companies to confirm ownership with the Division of Motor Vehicles database. Mr. Hicks responded to questions from the committee.
BILL:Discussion of Potential TLRC Legislation
TIME: 02:34:08 PM
MOVED:Nordberg
MOTION:Approve a bill proposal to require tow operators to do a national title search on abandoned vehicles to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:Buck
VOTE
Arndt
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Heath
Kraft-Tharp
Melton
Mitsch Bush
Neville P.
Nordberg
Scott
Todd
Winter
Baumgardner
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:34 PM

Representative Mitsch Bush proposed the bill requested by the RFTA to extend the sunset date for a regional transportation authority to impose a property tax mill levy ten years out to 2029.
BILL:Discussion of Potential TLRC Legislation
TIME: 02:35:15 PM
MOVED:Mitsch Bush
MOTION:Approve a bill proposal that extends the sunset date for a regional transportation authority to impose a property tax mill levy from January 1, 2019, to January 1, 2029, to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 9-7.
SECONDED:Esgar
VOTE
Arndt
Yes
Becker J.
Yes
Buck
No
Carver
No
Cooke
No
Coram
No
Esgar
Yes
Heath
Excused
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Neville P.
No
Nordberg
No
Scott
No
Todd
Yes
Winter
Yes
Baumgardner
Excused
Tyler
Yes
YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS


02:40 PM

Representative Tyler made closing remarks. The committee adjourned.