Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:01/28/2015
ATTENDANCE
Time:01:30 PM to 02:45 PM
Becker J.
X
Buck
X
Place:HCR 0112
Carver
X
Coram
X
This Meeting was called to order by
Esgar
X
Representative Tyler
Kraft-Tharp
X
Melton
*
This Report was prepared by
Moreno
*
Matt Kiszka
Neville P.
X
Nordberg
X
Winter
X
Mitsch Bush
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1068
HB15-1121
HB15-1012		Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Referred to Appropriations


01:32 PM -- HB 15-1068

Representative Tyler, Chair, called the committee to order. A quorum was present.

Representative Wilson, prime sponsor, came to the table to present House Bill 15-1068. He stated that the bill will only affect drivers who are impeding traffic. Under current law, drivers may not impede the flow of traffic on any highway, except when a reduced speed is necessary for safety purposes. This bill clarifies that impeding traffic means to impede the flow of traffic when a driver is traveling at least five miles per hour (mph) below the speed limit and is ahead of at least four vehicles on any roadway. Exceptions are provided for vehicles that are designed to travel below 25 mph or display a triangular slow-moving emblem. Representative Wilson noted that he had an amendment that exempts commercial vehicles and ranchers on a road grade greater than 5 percent.

01:41 PM

 Representative Wilson responded to questions on driver awareness and signage for road grades, the safety concerns of drivers pulling over on certain Colorado roads, how the requirements of the bill would be enforced by state patrol, and how weather conditions could impact the requirements of the bill.


01:49 PM -- Greg Fulton, representing the Colorado Motor Carrier Association (CMCA), testified against the bill. He noted that the CMCA appreciates the concerns raised by the bill, but that it may create more problems than it addresses. Mr. Fulton stated that the bill could create a presumption of guilt on the behalf of truckers, potential accidents from trucks pulling over on mountain highways, tickets for agricultural and livestock transporters driving at reduced speeds in the interest of safety on certain roads, and issues around drivers who are not familiar with some roads who therefore drive at reduced speeds. Mr. Fulton also said that the bill does not account for weather or the transportation of certain heavy items.

01:58 PM -- Richard Fritz, representing the Collector Car Council, came to the table to testify against the bill. He said that the council represents about 60 car collector clubs in the state. Mr. Fritz voiced concerns with such clubs abiding by the law under the new bill, and suggested that the bill allow vehicles to travel slower than 5 miles per hour below the speed limit and not be considered to be impeding traffic.

02:00 PM -- Dave Hall, representing the Colorado State Patrol (CSP), came to the table to testify against the bill. He stated that the CSP is very wary about putting speed variances into statute and traffic laws, which can make it difficult for a police officer to use discretion in certain traffic circumstances. Mr. Hall told the committee that speed limits are implemented based upon the safe speed to drive on a road under perfect conditions, and that requiring drivers to maintain a speed no less than five mph of the posted speed limit could be problematic. He also noted that the requirements of the bill could lead to distracted driving when drivers are overly concerned about their speed and the number of cars behind them at a given time. He responded to questions on rebuttable presumption, what constitutes impeding traffic under current law, and the power a driver has to make a complaint about another driver who is impeding traffic.


02:11 PM

Representative Wilson distributed amendment L.001 to the committee (Attachment A).

150128 AttachA.pdf150128 AttachA.pdf
BILL:HB15-1068
TIME: 02:11:12 PM
MOVED:Coram
MOTION:Adopt amendment L.001. The motion passed without objection.
SECONDED:Moreno
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


2:12 PM

Representative Wilson made his closing comments on the bill, responding to the testimony against the bill that the committee had heard. The committee discussed the merits of the bill and whether it should be heard by the Transportation Legislation Review Committee in the 2015 interim.
BILL:HB15-1068
TIME: 02:20:15 PM
MOVED:Coram
MOTION:Refer House Bill 15-1068, as amended, to the Committee of the Whole. The motion failed on a vote of 2-11.
SECONDED:Becker J.
VOTE
Becker J.
Yes
Buck
No
Carver
No
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
No
Moreno
No
Neville P.
No
Nordberg
No
Winter
No
Mitsch Bush
No
Tyler
No
YES: 2 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB15-1068
TIME: 02:22:13 PM
MOVED:Melton
MOTION:Postpone House Bill 15-1068 indefinitely. The motion passed on a vote of 8-5. The motion passed on a vote of 8-5.
SECONDED:Moreno
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:23 PM -- HB 15-1121

Representative Jon Becker, prime sponsor, came to the table to present House Bill 15-1121. He stated that the bill is a cleanup to House Bill 12-1105, which outlined the severance of wind development rights in an agreement between a land owner and a developer.


02:25 PM -- Alex Pankonin, representing the Land Title Association of Colorado (LTAC), and Charles Calvin, representing the Colorado Bar Association, came to the table to testify in support of the bill. Mr. Calvin stated that the Colorado Bar was concerned with a few minor technical inconsistencies between the statute addressed by the bill and other Colorado statutes. Mr. Pankonin stated that the LTAC is supportive of the bill and appreciates the efforts of Representative Becker and the Colorado Bar Association to clean up the relevant statute.

BILL:HB15-1121
TIME: 02:29:22 PM
MOVED:Becker J.
MOTION:Refer House Bill 15-1121 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Neville P.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:30 PM -- HB 15-1012

Representative Jon Becker, prime sponsor, presented House Bill 15-1012. Representative Becker stated that dyed diesel can currently be taxed legally under certain circumstances, and noted that HB15-1012 is a clean-up bill that will clarify when dyed diesel is exempt from sales and use taxes.

02:32 PM -- Steve Cure, representing Agfinity and the Colorado Wyoming Petroleum Marketers Association (CWPMA), came to the table to testify in support of the bill. He explained that his company sells roughly 60 million gallons of fuel a year, of which a large amount is dyed diesel fuel. He told the committee about the existing exemptions for dyed diesel sales and use tax collections, and the genesis of the bill, which is to clear up confusion from the Department of Revenue (DOR) surrounding collection of sales and use taxes on dyed diesel for certain uses. He detailed how fuel is distributed by his company in the state, and responded to questions from the committee on the collection of sales and use taxes and excise taxes on fuel in Colorado.


02:38 PM -- Grier Baily, representing CWPMA, testified in support of the bill. He explained to the committee how sales and use taxes and excise taxes are collected on fuel in the state. He thanked the DOR for working with fuel distributors on the bill. Mr. Grier also discussed how home rule affects city collection of taxes on fuel.

2:41 PM

The committee discussed the proper routing of the bill.
BILL:HB15-1012
TIME: 02:41:42 PM
MOVED:Coram
MOTION:Refer House Bill 15-1012 to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:Becker J.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
No
Moreno
No
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















BILL:HB15-1012
TIME: 02:41:08 PM
MOVED:Buck
MOTION:Refer House Bill 15-1012 to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Kraft-Tharp
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:44 PM

The committee was adjourned.