Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
TRANSPORTATION & ENERGY
Date:
03/17/2005
ATTENDANCE
Time:
10:22 AM
to
12:37 PM
Borodkin
X
Cadman
X
Place:
HCR 0112
Green
X
Hefley
X
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
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-042
SB05-182
SB05-038
Laid Over
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
10:22 AM -- Senate Bill 05-042
Rep. Vigil, prime sponsor, introduced Senate Bill 05-042 regarding the methodology for the annual compensation of members of the Public Utilities Commission (PUC) and repealing obsolete provisions. He responded to committee questions. He provided a fact sheet, entitled SB 05-042 (Attachment A).
10:25 AM --
Sally Symanski, representing the Office of the State Auditor, was available for questions on the bill. She responded to questions.
10:28 AM --
Bruce Smith, representing the PUC, testified in support of the bill. He noted that the commissioners are appointed by the Governor and confirmed by the Senate. Mr. Smith indicated that this bill states that when commissioners enter the state system, the executive director of the Department of Regulatory Agencies (DORA) has some flexibility in the salary grade the commissioners would receive. He responded to committee questions. Mr. Smith explained past procedures of the PUC and DORA regarding this issue.
10:42 AM
The committee discussed the quasi-judicial nature of the PUC, its compensation practices, and whether this law would change a commissioner's salary mid-year.
10:57 AM --
Jeffrey Hier, representing DORA, responded to committee questions. He noted that this commissioner salary issue has been an ongoing discussion for several years. He believes there are processes in place that will determine the range of salaries for commissioners. Rep. Larson indicated that he did not want to see politics impact the determination of the commissioners' salaries.
BILL:
SB05-042
TIME:
11:04:56 AM
MOVED:
Pommer
MOTION:
Conceptual amendment..."A commissioner's salary schedule can not be changed during a commissioner's term." The committee discussed the amendment. Rep. Pommer laid the bill over until March 23rd.
SECONDED:
Ragsdale
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
11:17 AM
Representative Pommer laid the bill over until March 23rd.
11:17 AM -- Senate Bill 05-182
Representative Ragsdale, prime sponsor, introduced Senate Bill 05-182 regarding existing statutes which govern the formula for computing damages in eminent domain proceedings, the bill would expand the types of public acquisitions for which special benefits may be awarded to include acquisitions for transportation projects undertaken by the Regional Transportation District (RTD). She responded to committee questions.
The following people testified:
11:20 AM --
Jerry Roach, representing himself, testified in opposition to the bill. Mr. Roach responded to committee questions.
11:28 AM --
Chuck Saxton, representing himself, testified in opposition to the bill. He responded to committee questions.
11:33 AM --
Marla Lien, representing RTD, Acting General Counsel, testified in support of the bill. She explained the intent of the bill with regard to takings, and that the formula in the bill only applies to partial takings. She indicated that the bill does not expand condemnation power for RTD, nor does it change the right of the property owners to obtain an appraisal at the cost of the condemning authority. She responded to committee questions.
Committee discussion ensued regarding specific provisions of the bill, specifically eminent domain, condemnation, and special damages.
11:47 AM
Ms. Lien continued her explanation of the term "special damages," preliminary site issues, and the number of properties that this bill might effect - which are the park and rides and station sites along transportation project routes.
11:50 AM --
Mr. Roach, representing himself, returned to the table to make one last point regarding the lack of confidence he has in the RTD transportation projects. He indicated that projects built along rail lines in Portland, Oregon, were later abandoned.
11:54 AM --
Bob Moody, representing the National Association of Industrial and Office Properties and the Colorado Association of Realtors, testified in opposition to the bill. He said that the organizations he represents are not necessarily in support of CDOT's use of partial takings, and preferred that this use not expand to include RTD.
BILL:
SB05-182
TIME:
11:56:35 AM
MOVED:
Ragsdale
MOTION:
Referred Senate Bill 05-182 to the Committee of the Whole, unamended, with a favorable recommendation. The motion passed on a 7-4 vote.
SECONDED:
Pommer
VOTE
Borodkin
Yes
Cadman
No
Green
Yes
Hefley
No
Knoedler
No
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
No
McFadyen
Yes
Pommer
Yes
Final YES:
7
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
12:02 PM -- Senate Bill 05-038
Representative Cadman, prime sponsor, explained Senate Bill 05-038 which clarifies, simplifies, and harmonizes the language in motor vehicle title statutes, defining relevant terms. He provided Amendments L.003 (Attachment B), L.006 (Attachment C), L.007 (Attachment D), and L.008 (Attachments E).
The following people testified:
12:09 PM --
Carol Snyder, representing the Colorado County Clerks and Recorders Association, testified in support of the bill. She commented on the amendments to the bill, and the procedures followed by the county clerks in relation to the bill.
12:15 PM --
Sue Spriggs, representing the Department of Revenue (DOR), Motor Vehicle Division, testified in support of the bill. She indicated that this bill is a recodification bill, and would be happy to review the bill or offer clarification.
12:16 PM
Representative Cadman reviewed the intent of the various amendments. Ms. Spriggs explained why the DOR requested Amendments L.003 and L.007.
12:18 PM --
Joe Curtin, representing John Elway Honda, and Tim Jackson, representing the Colorado Auto Dealers Association, testified in support of the bill. Mr. Jackson testified that automobile dealers are trying to clarify in statute the way statute addresses the titling of motor vehicles with regard to bankruptcy. Mr. Curtin discussed the lien process between automobile dealers and the county clerks. Committee discussion ensued.
BILL:
SB05-038
TIME:
12:32:57 PM
MOVED:
Cadman
MOTION:
Moved Amendment L.003. The motion passed without objection.
SECONDED:
Knoedler
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-038
TIME:
12:33:15 PM
MOVED:
Cadman
MOTION:
Moved Amendment L.006. He explained the amendment. The motion passed without objection.
SECONDED:
Knoedler
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-038
TIME:
12:33:47 PM
MOVED:
Cadman
MOTION:
Moved Amendment L.007. The motion passed without objection.
SECONDED:
Knoedler
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-038
TIME:
12:34:05 PM
MOVED:
Cadman
MOTION:
Moved Amendment L.008, discussing the various interpretations of the amendment. Rep. Pommer asked Rep. Cadman to work with the drafter on clarification of this point for second reading. The motion passed without objection.
SECONDED:
Knoedler
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-038
TIME:
12:36:15 PM
MOVED:
Cadman
MOTION:
Moved SB 05-038, as amended, to the Committee of the Whole, with a favorable recommendation. The motion passed on a 10-0-1 vote.
SECONDED:
Knoedler
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Excused
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES:
10
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS