House Committee on Transportation & Energy (05/04/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	05/04/2005	ATTENDANCE

Time:	01:38 PM to 02:38 PM	Borodkin	*
		Cadman	X
Place:	HCR 0107	Green	X
		Hefley	A
This Meeting was called to order by		Knoedler	X
	Representative Pommer	Larson	X
		Lindstrom	X
This Report was prepared by		Ragsdale	X
	Brad Denning	Welker	X
		McFadyen	X
		Pommer	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-230		Amended, Referred to the Committee of the Whole

01:39 PM -- Senate Bill 05-230

Representative McKinley, prime sponsor, introduced Senate Bill 05-230, concerning private toll roads and prohibiting a private corporation from acquiring rights-of-way for a toll road or toll highway through the exercise of eminent domain.
There were no questions for the bill sponsor.

The following people testified:

01:47 PM -- Marsha Looper, representing the Eastern Plain Coalition, El Paso County, testified in support of the bill.

01:51 PM -- Bob Hoban and Collon Kennedy, representing the Eastern Plains County Coalition and John Malone, testified in support of the bill. Mr. Hoban provided background information on the power of eminent domain. Mr. Hoban testified that he doesn't believe a private corporation has the power of eminent domain to the extent that the Front Range Toll Road has proposed. They responded to committee questions.

01:21 PM -- Herman Stockinger, representing the Colorado Department of Transportation (CDOT), testified in opposition to the bill. The department believes that the bill would not remove the power of eminent domain from corporations except corporations that want to build private toll roads in the state.

02:15 PM -- Kathy Oatis, representing the Front Range Toll Road Company, testified in opposition to the bill as it was introduced. She responded to committee questions.


BILL:	SB05-230
TIME:	02:22:35 PM
MOVED:	Knoedler
MOTION:	Moved Amendment L.008 (Attachment A). The motion failed on a 3 - 7 - 1 vote.
SECONDED:	McFadyen
		VOTE
	Borodkin	No
	Cadman	No
	Green	No
	Hefley	Absent
	Knoedler	Yes
	Larson	No
	Lindstrom	No
	Ragsdale	No
	Welker	Yes
	McFadyen	Yes
	Pommer	No
Not Final YES: 3 NO: 7 EXC: 0 ABS: 1 FINAL ACTION: FAIL


BILL:	SB05-230
TIME:	02:36:37 PM
MOVED:	McFadyen
MOTION:	Moved a technical amendment, to page 3, line 4, strike "SHALL" and substitute "IS ENCOURAGED TO".
SECONDED:	Pommer
		VOTE
	Borodkin	No
	Cadman	Yes
	Green	No
	Hefley	Absent
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	Yes
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB05-230
TIME:	02:37:51 PM
MOVED:	Lindstrom
MOTION:	Referred SB 05-230 to the Committee of the Whole, as amended. The motion passed on a 9 - 1 - 1 vote.
SECONDED:	Borodkin
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hefley	Absent
	Knoedler	No
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	Yes
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Final YES: 9 NO: 1 EXC: 0 ABS: 1 FINAL ACTION: PASS