Bill Summary for Bill Number SB06-078

Date: 03/09/2006

Final
BILL SUMMARY for SB06-078

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View-->	Action Taken:
Moved to refer Senate Bill 06-078 to the Committee	PASS

10:56 AM -- Senate Bill 06-078

Representative McKinley, prime sponsor, presented Senate Bill 06-078 which specifies that a private corporation formed for the purpose of constructing a private toll road or toll highway shall not have the power to use eminent domain to acquire rights-of-way for the toll road or toll highway. The corporation may, however, enter into an agreement with a public entity to enable the construction of a private toll road or private toll highway.

10:58 AM

Elaine Nicholas, representing herself and her family, spoke in support of the bill. Ms. Nicholas stated that it is an abuse of power for corporations to use eminent domain to construct toll roads. Ms. Nicholas stated that passing this bill is a step in the right direction and that this is wrong and the public will fight it.

Representative Pommer stated that there are a lot of companies that have the power to exercise eminent domain, but many of these companies are regulated by entities such as the Public Utilities Commission.

11:00 AM

Robert Thomasson, representing the High Plains Coalition for Responsible Transportation Policy (HPCRTP), spoke in support of the bill. Mr. Thomasson stated that HPCRTP is not opposed to roads or growth, but they believe the current situation in Elbert, where a private toll company has plans to construct a new toll road, is unfair.

11:04 AM

Jack Cavanaugh, representing himself, spoke in support of the bill. Mr. Cavanaugh gave a brief description of his background in city planning. He stated that he was taught during his graduate education and while working as a city planner that eminent domain is the "most terrible" act that planners can afflict on the general public, and that eminent domain should be used as judiciously and as little as possible. Mr. Cavanaugh stated that based on his own professional experience, there is currently no need for the proposed toll road and that the toll road is not self-sustainable, meaning it will not be able support itself from toll revenue alone. He called the proposal a major land grab on behalf of private individuals who are invested in the project for their own self-interests.

11:08 AM

William Frangis, resident and elected Sheriff of Elbert County, spoke in support of the bill. Sheriff Frangis stated that the people of Elbert County are strongly opposed to the idea of companies exercising eminent domain to construct toll roads. He stated that the bill protects the public and he supports it. Sheriff Frangis stated that if eminent domain must be exercised, it should occur with the authority of a government entity. He added that there should also be cost sharing between government entities so that counties are not financially burdened.

11:10 AM

Carl Filler, representing himself, spoke in support of the bill. Mr. Filler discussed the current national economy, gas prices, and unemployment. He stated that the only real way Coloradoans can hope to leave something for their descendants is through their homes and small businesses, and that this right is slowly being taken away.

11:13 AM

Marsha Looper, a resident of El Paso County and President of the Colorado Citizens for Property Rights (CCPR), spoke in support of the bill. Ms. Looper stated that last year she testified as a citizen living outside of the toll road corridor and that this year she resides within the corridor. She stated that no individual is safe or secure from the threat of a private toll road company. She stated that eminent domain is a power that can be so easily abused that it should only be used by government entities for public use. She added that a private toll road company should never be granted the power of eminent domain because their ultimate obligation is to the company's shareholders and not the people of Colorado.

11:17 AM

Herman Stockinger, Legislative Liaison for the Colorado Department of Transportation (CDOT), stated that the bill, as amended in the Senate, represents a reasonable compromise and that CDOT supports the bill.

11:18 AM

Gaye Thomasson, resident of Elbert County and member of the HPCRTP, spoke in support of the bill. Ms. Thomasson recognized all the residents in the audience who came to show their support of the bill. She stated that the individuals in the audience represent many more people who were not able to take off time from work or be away from their families to demonstrate their support of the bill.

11:19 AM

Chairman Pommer called a brief recess.

11:19 AM

Chairman Pommer called the committee back to order.

11:20 AM

Chairman Pommer read a written statement of support from Robert Hoban (Attachment A).

11:21 AM

Representative McKinley gave his closing remarks and a little history on private toll roads. Members of the committee thanked the sponsors for bringing forth the bill and their work on the legislation.


BILL:	SB06-078
TIME:	11:29:21 AM
MOVED:	Hefley
MOTION:	Moved to refer Senate Bill 06-078 to the Committee of the Whole. The motion passed 9-0.
SECONDED:	Borodkin
		VOTE
	Borodkin	Yes
	Green	Excused
	Hefley	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	Yes
	Sullivan	Excused
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS