House Committee on Business Affairs and Labor (04/20/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	04/20/2005	ATTENDANCE

Time:	11:20 AM to 01:22 PM	Balmer	*
		Borodkin	X
Place:	HCR 0107	Butcher	X
		Carroll M.	X
This Meeting was called to order by		Coleman	*
	Representative Marshall	Knoedler	X
		Liston	X
This Report was prepared by		Massey	X
	Todd Jorgensen	McCluskey	X
		Paccione	X
		White	X
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1323		Postponed Indefinitely

11:20 AM -- House Bill 05-1323

Representative Larson summarized HB05-1323 for the committee. The bill allows Sunday sales of motorcycles, custom trailers, and all-terrain vehicles. Representative Larson provided the committee with a handout from the National Conference of State Legislatures regarding other states' blue law provisions (Attachment A). He also gave the committee a copy of the results from a survey done by the Durango Herald regarding the sale of motorcycles and automobiles on Sundays (Attachment B). Representative Larson then gave the committee a copy of proposed amendment L.002 (Attachment C). Amendment L.002 is a strike-below amendment and amends the bill to allow Sunday sales for motorcycles only. Representative Larson responded to questions from the committee.

11:39 AM -- Jeff Murray, representing Durango Harley Davidson, testified in support of the bill. Mr. Murray testified that the bill allows consumers and dealers more choices. Mr. Murray believes that he loses customers to New Mexico. Mr. Murray responded to questions from the committee.

11:47 AM -- Gerald Abboud, representing the Powersports Dealers Association of Colorado, testified in opposition to the bill. He told the committee that if the General Assembly has a problem with "blue laws," then it should address the entire them as a whole, rather than singling out motorcycles. Mr. Abboud provided the committee with a poll of Colorado motorcycle dealers regarding the question of whether or not they would like to be open on Sundays (Attachment D). Mr. Abboud responded to questions from the committee.

11:59 AM

Representative Marshall called a brief recess for lunch.

12:01 PM -- Lisa Schomp, representing herself as a motorcycle dealer, testified in opposition to the bill. Ms. Schomp testified that she will experience an increase in personnel and other overhead costs if the bill passes. Ms. Schomp responded to questions from the committee.

12:08 PM -- Bill Vickery, representing himself as a motorcycle dealer at Vickery Motorsports, testified in opposition to the bill. Mr. Vickery would like to spend time with his family on Sundays. He also believes that his costs will increase while his sales will not.

12:10 PM -- Mark Striegnitz, representing the Colorado Motor Vehicle Dealers Board, testified in opposition to the bill. Mr. Striegnitz testified that the bill would make the statutes inconsistent regarding how motor vehicle sales are treated.

12:13 PM -- Doyne Bruner, representing himself as a motorcycle dealer at Apex Sports, Inc., testified in opposition to the bill.

12:14 PM -- Tony Hayter, representing himself as a motorcycle dealer at Grand Prix Motorsports, testified in opposition to the bill.

12:17 PM -- Gary Wilkerson, representing himself as a motorcycle dealer at Handlebar Cycle, testified in opposition to the bill. Mr. Wilkerson gave the committee a letter signed on behalf of motorcycle dealers from the western slope that are opposed to the bill (Attachment E).

12:24 PM -- Walter Penny, representing himself as a motorcycle dealer at Aurora Honda, testified in opposition to the bill. Mr. Penny testified that if dealers wanted this change, they would have asked for it.

12:29 PM -- Jason White, representing Fay Myers Motorcycle World, testified in opposition to the bill. Mr. White testified that his business depends on financial services provided by other businesses that are closed on Sunday.

12:31 PM -- Ron Lang, representing himself as a motorcycle dealer at Sun Honda and Harley Davidson, testified in opposition to the bill.

12:35 PM -- David Mills, representing RPM Motor Sports, testified in opposition to the bill.

12:36 PM -- Jack Starr, representing RPM Motor Sports, testified in opposition to the bill. Mr. Starr testified that many motorcycle-oriented sporting events occur on Sunday.

12:38 PM -- Steve Casement, representing the Colorado Recreational Vehicles Dealers Association, testified in opposition to the bill. Mr. Casement testified that being open on Sundays would conflict with trade events in which members of his organization participate.

12:44 PM -- Tim Jackson, representing the Colorado Auto Dealers Association, testified in opposition to the bill. Mr. Jackson testified that, if the bill passed, costs would increase but sales would not increase accordingly.

12:47 PM -- Jeff Carlson, representing Glenwood Springs Ford, testified in opposition to the bill.

12:58 PM

Representative Larson made closing remarks and responded to questions from the committee.

01:04 PM

Representative Larson explained amendments L.003 (Attachment F) and L.004 (Attachment G). Amendment L.003 would allow local governments the choice of whether or not they wanted to allow motorcycle sales on Sundays. Amendment L.004 would allow motorcycle dealers to be open on Sundays but would require them to close on another day of their choice during the week.


BILL:	HB05-1323
TIME:	01:06:06 PM
MOVED:	Marshall
MOTION:	Moved amendment L.002 (Attachment C). The amendment failed 6-7.
SECONDED:	Paccione
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	No
	Knoedler	No
	Liston	No
	Massey	No
	McCluskey	Yes
	Paccione	No
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1323
TIME:	01:10:58 PM
MOVED:	Borodkin
MOTION:	Moved to refer HB05-1323 to the Committee of the Whole with a favorable recommendation. The motion failed 3-10.
SECONDED:	Knoedler
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	No
	Carroll M.	No
	Coleman	No
	Knoedler	Yes
	Liston	No
	Massey	No
	McCluskey	No
	Paccione	No
	White	Yes
	Cerbo	No
	Marshall	No
Not Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1323
TIME:	01:21:16 PM
MOVED:	Balmer
MOTION:	Moved to Postpone Indefinitely HB05-1323. The motion passed 12-1.
SECONDED:	Liston
		VOTE
	Balmer	Yes
	Borodkin	No
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS