Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:01/28/2015
ATTENDANCE
Time:09:46 AM to 12:38 PM
Foote
X
Humphrey
X
Place:LSB A
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:
HB15-1077
HB15-1011
HB15-1054		Postponed Indefinitely
Postponed Indefinitely
Amended, Referred to Finance

09:47 AM -- HB15-1077

Representative Wilson, prime sponsor, presented House Bill 15-1077. Under current law, motor vehicle registrations expire on the last day of the month at the end of each 12-month registration period. A 30-day grace period is granted before late fees are assessed. If a vehicle is not registered with the Department of Revenue (DOR) within the time frame required by law, the vehicle owner is subject to a late fee of $25 for each month, or portion of a month, following the expiration of the registration period; except that the total late fee is capped at $100. Fee revenue is credited $10 to the county government registering a vehicle; remaining revenue is deposited into the Highway Users Tax Fund (HUTF) for subsequent distribution to the State Highway Fund (60 percent), counties (22 percent), and municipalities (18 percent).

This bill caps the late vehicle registration fee at $10 and credits the fee to the county government registering the vehicle. The bill applies to late fees assessed on or after July 1, 2015.

09:51 AM -- Mark Radtke, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Radtke spoke about the fine revenue collected in the first year after the late fee was enacted. He discussed adjustments to the law since that enactment, which generally affect agricultural vehicles. He expressed his opinion that continuing the fee is an important deterrent to the late registration of vehicles. He responded to questions from the committee.

09:59 AM -- Andy Karsian, representing the Colorado Department of Transportation, testified in opposition to the bill. Mr. Karsian expressed concerns about the loss of revenue to the HUTF and transit projects around the state. He responded to questions from the committee about bridge repairs.








10:05 AM -- Richard Fritz, representing the Colorado Collector Car Council, testified in support of the bill. Mr. Fritz spoke about the hobby of car collecting and how the costs of registration affect car collectors. He responded to questions from the committee.

10:10 AM -- Paul Jensen, representing himself, testified in support of the bill. Mr. Jensen spoke about his experience as a car collector. He expressed his opinion that taxpayers should not be forced to register a car that is not drivable.


10:13 AM

Representative Wilson wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1077
TIME: 10:22:11 AM
MOVED:Humphrey
MOTION:Refer House Bill 15-1077 to the Committee on Finance. The motion failed on a vote of 4-7.
SECONDED:Neville P.
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


















BILL:HB15-1077
TIME: 10:23:25 AM
MOVED:Salazar
MOTION:Postpone House Bill 15-1077 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Primavera
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:24 AM -- HB15-1011

Representative Rosenthal, prime sponsor, presented House Bill 15-1011. The bill narrows the scope of the existing class 3 misdemeanor offense concerning disclosure of how a person voted in a state or local election. Specifically, the bill eliminates the prohibition on voters revealing the contents of their ballot, and restricts this offense to election officials and other persons who, in the course of their official duties, obtain knowledge of how a person voted and reveal this information. Under the bill, it will also remain illegal for a voter to mark his or her ballot in a way that allows it to be identified later or for any person to induce a voter to reveal how he or she voted.

Amendments L.001 and L.002 were distributed (Attachments A and B). Representative Rosenthal explained the amendments and responded to questions from the committee. Committee discussion ensued.

15HouseState0128AttachA.pdf15HouseState0128AttachA.pdf 15HouseState0128AttachB.pdf15HouseState0128AttachB.pdf

10:55 AM -- Margit Johansson, representing Coloradans for Voting Integrity, testified in opposition to the bill. Ms. Johansson stated her opinion that the bill is not in the public interest and it promotes voter fraud. She stressed the importance of ballot secrecy. She responded to questions from the committee.

11:02 AM -- Suzanne Staiert, representing the Colorado Secretary of State, testified in opposition to the bill. Ms. Staiert spoke about voter intimidation and fraud. She discussed what is against current law. She responded to questions from the committee.








11:09 AM -- Mary Eberle, representing herself, testified in opposition to the bill. Ms. Eberle stated that the bill undercuts voter integrity by promoting voter fraud and intimidation. She discussed the history of the passage of the current law.

11:13 AM -- Harvie Branscomb, representing himself, testified in opposition to the bill. Mr. Branscomb suggested changes to current law that are different than those made in the bill. He responded to questions from the committee.

11:18 AM -- Elena Nunez, representing Colorado Common Cause, testified in opposition to the bill. Ms. Nunez reiterated the testimony of Ms. Staiert with regard to the importance of voter privacy. She expressed her opinion that current law is effective at promoting election integrity.

11:22 AM -- Matt Crane, Arapahoe County Clerk and Recorder, testified in opposition to the bill. Mr. Crane reiterated the testimony of Ms. Staiert with regard to the problems of voter intimidation or vote buying.

11:23 AM -- Marilyn Marks, representing herself, testified in opposition to the bill. Ms. Marks spoke about the importance of protecting voters and the integrity of elections. She responded to questions from the committee.


11:33 AM

Representative Rosenthal wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1011
TIME: 11:36:10 AM
MOVED:Salazar
MOTION:Postpone House Bill 15-1011 indefinitely. The motion passed on a vote of 11-0.
SECONDED:Lontine
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS








11:38 AM

The committee took a brief recess.


11:47 AM -- HB15-1054

The committee reconvened.

Representative Brown, prime sponsor, presented House Bill 15-1054. Under the bill, a person may operate an off-highway vehicle (OHV) on a county road if the person has a driver's license and obeys the rules of the road. In order to operate on a roadway, the person must register the vehicle with the Department of Revenue (DOR) and obtain a certificate of title. Once registered with the DOR and having paid the associated license plate and title fees, as well as a new, one-time $10 OHV registration fee, the person may operate the vehicle on county roads as approved by the board of county commissioners. This bill also extends the requirement in current law that OHVs purchased through a dealer or auctioneer get a certificate of title, to include all OHVs, except those used for agriculture. The bill requires that all OHVs have a title issued by the DOR by July 1, 2016.

Vehicle owners must comply with the following safety requirements to operate the OHV on a roadway:

Violations of off-highway vehicle safety requirements are class B traffic infractions with a penalty assessment of $15 to $100, with no license suspension points.

The bill also establishes guidelines for counties to facilitate the use of OHVs on roadways, and requires counties to publish maps of all roadways available for OHV use. In addition, the bill authorizes counties to regulate the use of OHVs, authorize people to drive on county roads without a driver's license, and enter into cooperative agreements with the federal government to enforce OHV ordinances.

Amendments L.005 and L.006 were distributed to the committee (Attachments C and D).

15HouseState0128AttachC.pdf15HouseState0128AttachC.pdf 15HouseState0128AttachD.pdf15HouseState0128AttachD.pdf

11:54 AM -- Trooper David Hall, representing the Colorado State Patrol, testified about the bill and the amendments. Trooper Hall spoke about safety concerns with the operation of OHVs by juveniles. He also objected to the use of OHVs on paved roads.

12:01 PM -- Commissioner Lynn Padgett, representing Ouray County, testified in support of the bill. Commissioner Padgett spoke about the dangerous roads in her county and discussed the stakeholder process that took place during the drafting of the bill. She talked about local control and conflict with state law.








12:08 PM -- Commissioner Phil Chamberlin, representing Gunnison County, testified in support of the bill. Commissioner Chamberlin stated his opinion that the bill is about collaboration, safety, and creating a level playing field for all counties in Colorado. A fact sheet was distributed to the committee (Attachment E). He responded to questions from the committee.

15HouseState0128AttachE.pdf15HouseState0128AttachE.pdf

12:17 PM -- Mark Radtke, representing the Colorado Municipal League, testified in support of the bill. Mr. Radtke talked about the stakeholder process. He indicated that the bill promotes safety and local control.

12:19 PM -- Scott Jones, representing the Colorado Off-highway Vehicle Coalition, testified in support of the bill. Mr. Jones reiterated the testimony of prior witnesses. He responded to questions from the committee about the registration fee.

12:21 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms Ackerman stated that the bill preserves local control, public safety, and personal choice.

12:22 PM -- Aaron Kindle, representing Trout Unlimited, testified in support of the bill. Mr. Kindle spoke about the stakeholder process and the proper management of wilderness areas in Colorado.
BILL:HB15-1054
TIME: 12:25:45 PM
MOVED:Tyler
MOTION:Adopt amendment L.005 (Attachment C). The motion passed on a vote of 9-2.
SECONDED:Salazar
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS









BILL:HB15-1054
TIME: 12:32:16 PM
MOVED:Tyler
MOTION:Adopt amendment L.006 (Attachment D). The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


































12:33 PM

Representative Brown wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1054
TIME: 12:36:40 PM
MOVED:Tyler
MOTION:Refer House Bill 15-1054, as amended, to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED:Humphrey
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:38 PM

The committee adjourned.