Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:02/14/2006
ATTENDANCE
Time:02:05 PM to 04:22 PM
Hagedorn
E
Isgar
X
Place:SCR 352
May R.
X
Spence
X
This Meeting was called to order by
Wiens
E*
Senator Takis
Williams
X
Takis
X
This Report was prepared by
Lauren Sisneros
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-163
Conf 06-Transportation Commission
Amended, Referred to the Committee of the Whole
Favorably Refer to the Full Senate

02:06 PM -- Call to Order

Senator Takis, chair, called the meeting to order.

02:06 PM -- Senate Bill 06-163

Senator Kester, prime sponsor, explained the provisions of SB 06-163, concerning the date on which a lien on a motor vehicle is perfected. The bill sets the date on which a lien or mortgage on a motor vehicle is perfected to be the date on which the lien, and all its related documents, is filed with the county clerk and recorder, and the fee is paid for such filing. Senator Kester distributed prepared amendments L.001 (Attachment A) and L.002 (Attachment B).

The following persons testified:

02:07 PM --
Carol Snyder, representing Colorado County Clerks, testified in opposition to the bill. Ms. Snyder explained the current process of filing a lien with the county clerk and recorder. She stated that SB 06-163 presents problems for the county clerks and recorders because the bill and the amendment requires county clerk and recorders to indicate on the database as well as the title that the lien will be perfected on the day the lien is received in the county clerk and recorder's office. She stated that some documents submitted must be rejected due to incompleteness and inaccuracy. She also stated that the current motor vehicle database, provided by the Department of Revenue, does not have a field that indicates the "received" date.

02:23 PM -- Joe Curtin, representing John Elway Auto Nation, testified in support of the bill. He stated that the current process creates hardships for dealerships.


02:26 PM --
Tim Jackson and Mike Feeley, representing the Colorado Auto Dealers Association, testified in support of the bill. Mr. Feeley stated that SB 06-163 provides a simple solution for a large problem in which the date a lien is filed and secured. Mr. Feeley answered questions from committee members and indicated that a lien must be perfected in accordance with the bankruptcy code.



02:43 PM --
John Dill and Robert Williams, representing the Colorado Credit Union League, testified in support of the bill. Mr. Dill stated that the SB 06-163 will protect credit unions from loses of lien rights. Mr. Wilson provided background information on a case that is the basis for SB 06-163.

02:50 PM --
Melanie Laten, representing Colorado Bankers Association, testified in support of the bill.

02:50 PM --
Barbara Walker, representing the Independent Bankers of Colorado, testified in support of the bill. She stated that at least 26 states have enacted similar legislation.

02:52 PM

Senator Kester made closing comments for SB 06-163. He stated that the bill brings Colorado up to speed with other states. Senator Kester explained prepared amendment L.002 (Attachment B).
BILL:SB06-163
TIME: 02:54:50 PM
MOVED:Spence
MOTION:Moved prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Hagedorn
Excused
Isgar
May R.
Spence
Wiens
Williams
Takis
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-163
TIME: 02:55:12 PM
MOVED:Spence
MOTION:Refer Senate Bill 06-163 to the Committee of the Whole, as amended. The motion passed on a 6 to 0 roll call vote.
SECONDED:
VOTE
Hagedorn
Excused
Isgar
Yes
May R.
Yes
Spence
Yes
Wiens
Yes
Williams
Yes
Takis
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:SB06-163
TIME: 02:56:42 PM
MOVED:May R.
MOTION:Moved to place Senate Bill 06-163 on the Consent Calendar. The motion passed without objection.
SECONDED:
VOTE
Hagedorn
Excused
Isgar
May R.
Spence
Wiens
Excused
Williams
Takis
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

02:58 PM -- Presentation by the Transportation Commission

Douglas E. Aden, Gregory B. McKnight, George H. Tempel, B. Stephens Parker, and Henry R. Sobanet introduced themselves to committee members. Copies of the members' resumes and application letters were distributed to the committee (Attachment C).

03:01 PM

Commissioner McKnight explained the powers and duties of the Transportation Commission. The Transportation Commission:


03:04 PM

Mr. Sobanet explained the budget for the Colorado Department of Transportation (CDOT). He distributed a handout that explains the distribution of funds by investment categories (Attachment D). Mr. Sobanet answered questions from committee members and stated that the growth of off-the-top funding is slowing.

03:18 PM

Commissioner Parker, explained the planning process of the Transportation Commission. He stated that the there are ten Transportation Planning Regions across the state that meet monthly. The input provided at the meetings are incorporated into the statewide transportation plan.


03:27 PM

Commissioner Tempel described the district he represents. He stated that the there are 11 commissioners on the Transportation Commission who represent the 64 counties in Colorado.

03:31 PM


Commissioner Aden stated that he represents District 7 and explained the Colorado Tolling Enterprise (CTE). He stated that the Transportation Commission has identified additional corridors that are potential tolling candidates and described those corridors. He stated that the CTE does not currently collect tolls and is being financed by funds through the Transportation Commission. Commissioner Aden also explained that the earmark process of the federal government has forced the Transportation Commission to re-prioritize projects. Commissioner Aden answered questions from committee members.


03:46 PM

Commissioner McKnight responded to questions regarding funding for bridge programs. He stated that transportation funding varies from state to state and other states are experience a shortage in funding.

03:48 PM

Commissioner Aden added that relying on fuel tax at the federal and state level for transportation funding is not sufficient. He stated that the current commitment to finish CDOT's 7th pot project is $3 billion. He added that inflation continues to be a challenge for the Transportation Commission.

03:54 PM

Commissioner McKnight stated that the current level of funding is not enough to maintain the current infrastructure level. He added that all the Transportation Commission members have critical projects in their districts. He also answered questions regarding widening the current highways in the mountain areas and stated that there is not a solution in sight that is under $5 billion.

04:02 PM

Mr. Sobanet responded to questions regarding the allocation of funds to the various districts and stated that Colorado is experiencing a decrease in funds for transportation and fuel tax is decreasing.



04:08 PM -- Confirmation of Members of the Transportation Commission

The appointees for the Transportation Commission explained their reasons for wanting to serve and be appointed or reappointed on the Transportation Commission.
BILL:Conf 06-Transportation Commission
TIME: 04:19:56 PM
MOVED:May R.
MOTION:Refer the appointees Douglas E. Aden, Gregory B. McKnight, George H. Tempel, B. Stephens Parker, and Henry R. Sobanet to the Senate Floor with favorable recommendation. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Hagedorn
Excused
Isgar
Yes
May R.
Yes
Spence
Yes
Wiens
Yes
Williams
Yes
Takis
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:22 PM

The committee adjourned.