Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/15/2015
ATTENDANCE
Time:11:24 AM to 01:28 PM
Foote
*
Humphrey
*
Place:RM 271
Lontine
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tate
X
Thurlow
X
This Report was prepared by
Tyler
X
Jessika Shipley
Willett
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1316
HB15-1264
Referred to the Committee of the Whole
Witness Testimony and/or Committee Discussion Only


11:24 AM -- HB15-1316

Representatives Lebsock and Thurlow, co-prime sponsors, presented House Bill 15-1316. The bill changes the prerequisites for an applicant seeking authorization to provide taxicab service, as required by the Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA), within and between certain metropolitan counties (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, and Jefferson).

Under current law, the taxicab service applicant must establish that there is a public need for the taxicab service and a party may oppose an application if it presents sufficient evidence to overcome the presumption of public need. Under the bill, the PUC is no longer required to consider the public need, only whether the applicant is operationally and financially fit to provide the taxicab service. If the PUC finds that an applicant is fit to provide the proposed taxicab service, it must issue the applicant an authorizing certificate to perform taxicab service.

Representatives Lebsock and Thurlow distributed and discussed an information packet and a Denver Post editorial about the bill (Attachments A and B).

15HouseState0415AttachA.pdf15HouseState0415AttachA.pdf 15HouseState0415AttachB.pdf15HouseState0415AttachB.pdf











11:30 AM --
Professor Robert Hardaway, representing himself, testified in support of the bill. Professor Hardaway discussed the costs of business regulation, entrepreneurial spirit, and the dangers of price fixing. He referred to an article in The Christian Science Monitor (Attachment C). He responded to questions from the committee about the concept of the common carrier.

15HouseState0415AttachC.pdf15HouseState0415AttachC.pdf

11:37 AM --
Doug Dean, Director, PUC, testified about the bill. Mr. Dean commented that the bill does not completely deregulate the taxicab industry, but it does modify the entry process. He spoke about his involvement in the drafting of the bill. He responded to questions from the committee about the PUC's authority to determine the number of taxicabs allowed on the street. The committee also discussed the regulation of pricing and service and safety standards with Mr. Dean. Ron Jack, Chief of the PUC's Transportation Section, came to the table to help answer questions.


11:50 AM

Discussion about the taxicab industry continued with Mr. Dean and Mr. Jack.

11:59 AM --
Mark Valentine, representing Metro Taxi and Yellow Cab, testified in opposition to the bill. Mr. Valentine discussed the upcoming merger of Metro Taxi and Yellow Cab, and spoke about the practical effect of the bill on the industry. He explained how rate regulation works under current law. He provided examples of fixed-rate routes in the Denver metro area. He responded to questions from the committee about the total number of taxi trips that are taken in Colorado each year.

12:08 PM --
Amy Beres, representing the Rocky Mountain Farmer's Union, testified in support of the bill. Ms. Beres discussed her foundation's provision of training for small business and co-operative (co-op) development. She spoke about the benefits of such development.

12:10 PM --
Reverend Patrick Demmer, representing himself, testified in support of the bill. Reverend Demmer expressed his opinion that the bill will provide opportunities for more people of color to enter the taxicab industry.

12:14 PM --
Margaret Atencio, representing herself, testified in support of the bill. Ms. Atencio discussed an illness she suffered that led to her retiring from her job. She spoke about the adjustments she has made in her life since that time. She expressed her opinion that there is a need for more taxicabs.

12:20 PM --
Tom Harrison, representing himself, testified in support of the bill. Mr. Harrison expressed his opinion that there is widespread dissatisfaction with the taxicab industry in Denver. He talked about the need for more options.

12:22 PM --
Abdi Buni, representing himself, testified in support of the bill. Mr. Buni spoke about the history and organization of Union Taxi as a co-op. He expressed his opinion that there is ingrained racism in the taxicab industry.









12:25 PM --
Emmett Reistroffer, representing himself, testified in support of the bill. Mr. Reistroffer discussed the free market, entrepreneurialship, and the working class.

12:27 PM --
Dick Petersen, representing Rocky Mountain Employee Ownership Center, testified in support of the bill. Mr. Petersen discussed worker-owned co-ops and employee stock ownership plans. He provided examples of employee-owned businesses in the Denver metro area.

12:32 PM --
Andrew Gambardella, representing himself, testified in support of the bill. Mr. Gambardella discussed barriers to entry into the taxicab industry and the economic costs of such barriers.

12:36 PM --
Abdullah Chatari, representing Green Taxi, testified in support of the bill. Mr. Chatari expressed his desire to own his own business.


12:38 PM

Representative Lebsock read a letter of support on behalf of the Independence Institute. He also asked everyone in the audience who supported the bill to raise their hands. A number of individuals did so.

12:40 PM --
Jay Sant'Anna, representing Green Taxi, testified in support of the bill. Mr. Sant'Anna spoke about the money he is required to pay Metro Taxi in order to drive for them. He described the difficulty he faces.

12:42 PM --
Michael Schleipfer, representing himself, testified in support of the bill. Mr. Schleipfer spoke about safety issues, letting drivers own their own companies, better market options, and price fixing.





























BILL:HB15-1316
TIME: 12:46:40 PM
MOVED:Neville P.
MOTION:Adopt amendment L.001 (Attachment D). The chair ruled that the amendment did not fit under the title of the bill.
15HouseState0415AttachD.pdf15HouseState0415AttachD.pdf
SECONDED:Humphrey
VOTE
Foote
Humphrey
Lontine
Neville P.
Primavera
Tate
Thurlow
Tyler
Willett
Salazar
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



























BILL:HB15-1316
TIME: 12:48:40 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1316 to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:Primavera
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:50 PM -- HB15-1264

Representatives Melton and Salazar, co-prime sponsors, presented House Bill 15-1264. This bill establishes a set of rights held by persons experiencing homelessness. A person experiencing homelessness is permitted to use public space in the same manner as any other person. Public spaces subject to the bill include any property partially or wholly owned by a state or local government and any other property with an easement for public use.

The rights of a person experiencing homelessness are enforceable against both public and private parties, and include the right to:
The bill creates a private right of action for civil relief if a person's rights under the bill are violated. A person experiencing homelessness may seek various remedies, including injunctive and declaratory relief, restitution for the loss of property, actual damages, and compensatory damages up to $1,000 per violation.

Providers of services to homeless persons are not obligated to provide shelter or other services that are unavailable.







12:54 PM --
Stuart Hill, representing the Ft. Collins Homeless Coalition, testified in support of the bill. Mr. Hill discussed his experience with homelessness. He submitted a poem that he wrote (Attachment E).

15HouseState0415AttachE.pdf15HouseState0415AttachE.pdf

12:59 PM --
Nicole Sisneros, representing the Boulder County homeless community, testified in support of the bill. Ms. Sisneros discussed her experience with homelessness. She spoke about urban camping bans and the criminalization of homelessness.

01:03 PM --
Paul Boden, representing the Western Regional Advocacy Center, testified in support of the bill. Mr. Boden discussed violent interactions between citizens and law enforcement officers. He spoke about the criminalization of homelessness.

01:07 PM --
Eric Niederkruger, representing himself, testified in support of the bill. Mr. Niederkruger spoke about his experience working with homeless individuals in the Grand Junction area.

01:11 PM --
Robert Bowen, representing himself, testified in support of the bill. Mr. Bowen spoke about his life before and after his experience with homelessness.

01:16 PM --
Randle Loeb, representing himself, testified in opposition to the bill. Mr. Loeb related information about his experience with homelessness. He expressed his opinion that the bill is not the way to help homeless individuals and distributed information about his position (Attachment F).

15HouseState0415AttachF.pdf15HouseState0415AttachF.pdf

01:18 PM --
Regina Huerter, representing the City and County of Denver, testified in opposition to the bill. Ms. Huerter spoke about Denver's Road Home and the supports and services it provides to the homeless population in Denver. She expressed her opinion that the bill is not the best way to help this population. She responded to questions from the committee.


01:28 PM

The chair announced that the bill would be laid over to a later date and that anyone signed up to testify would be allowed to testify at that time.


01:28 PM

The committee adjourned.