Date: 05/05/2015

Final
BILL SUMMARY for SB15-276

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.006 (Attachment E). The motion p
Adopt amendment L.007 (Attachment D).
Adopt amendment L.007 (Attachment D). A substitute
Refer Senate Bill 15-276, as amended, to the Commi		PASS


PASS



12:16 PM -- SB 15-276

Representatives Lebsock and Van Winkle, co-prime sponsors, came to the table to present Senate Bill 15-276. This bill directs the state or a unit of local government to obtain voter approval before using automated vehicle identification systems (AVIS), including red light cameras. Local governments with existing red light camera programs must submit a measure to voters on their continued use at the 2016 general election.

Representatives Lebsock and Van Winkle said that the bill has bipartisan support in both the Senate and the House of Representatives, and that studies of AVIS show that they are not effective and undermine public trust in law enforcement. They responded to committee questions on a potential amendment to the bill to change when local jurisdictions would need to obtain voter approval from 2016 to 2017, which forms of camera and radar are covered by the bill, the requirements of the bill for local jurisdictions that wish to use AVIS and the penalties for local jurisdictions that do not ask the voters to approve their use of AVIS, if the bill directs local governments in their use of AVIS, if there are other policies that the state mandates a vote on in a local government, and the use of the term "surveillance red light cameras" in the bill.

Representatives Lebsock and Van Winkle responded to questions on the current power of local governments to ban the use of AVIS, clarification on the use of the term "tax" in relation to tickets issued from AVIS, and state withholding of Highway Users Tax Fund (HUTF) revenue from local governments under the bill. Discussion ensued on state withholding of HUTF revenue from local governments under the bill.

12:31 PM

The bill sponsors responded to questions on the intent of the bill.

12:35 PM -- Mark Radtke, representing the Colorado Municipal League, spoke in opposition to the bill. Mr. Radtke discussed the safety aspects of AVIS, current local control over the use of AVIS, and the ability for citizen initiatives to call for the removal of AVIS from a local jurisdiction.

12:38 PM

Representative Kraft-Tharp distributed amendment L.007 (Attachment D), and explained that it would amend the bill so that AVIS can only be used in school and construction zones, and requires that any revenue generated from AVIS would be used for traffic safety or transportation-related projects. Representative Kraft-Tharp responded to committee questions and the committee discussed the merits of the amendment.

150505 AttachD.pdf150505 AttachD.pdf
BILL:SB15-276
TIME: 12:04:22 PM
MOVED:Kraft-Tharp
MOTION:Adopt amendment L.007 (Attachment D). A substitute amendment, L.006, was moved and passed (see vote sheet below).
SECONDED:
VOTE
Becker J.
Buck
Coram
Esgar
Humphrey
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


12:45 PM

Representative Humphrey distributed a substitute amendment, amendment L.006 (Attachment E), and said that it would eliminate the use of AVIS completely in the state. The committee discussed the merits of the amendment.
150505 AttachE.pdf150505 AttachE.pdf
BILL:SB15-276
TIME: 12:49:19 PM
MOVED:Humphrey
MOTION:Adopt amendment L.006 (Attachment E). The motion passed on a vote of 9-4.
SECONDED:Neville P.
VOTE
Becker J.
Yes
Buck
Yes
Coram
Yes
Esgar
No
Humphrey
Yes
Kraft-Tharp
No
Melton
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:52 PM

      The committee discussed the merits of the bill.
BILL:SB15-276
TIME: 12:54:52 PM
MOVED:Humphrey
MOTION:Refer Senate Bill 15-276, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:Neville P.
VOTE
Becker J.
Yes
Buck
Yes
Coram
Yes
Esgar
No
Humphrey
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
No
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:55 PM

The committee adjourned.