Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:02/07/2006
ATTENDANCE
Time:02:05 PM to 04:27 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:
SB06-147
SB06-015
SB06-029
SB06-058
SB06-163		Postponed Indefinitely
Amended, Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to Appropriations
Laid Over


02:06 PM -- Senate Bill 06-147

Senator Brophy, prime sponsor, explained the provisions of SB 06-147, concerning the maximum gross vehicle weight limits on state highways. The bill authorizes the operation of a motor vehicle that exceeds current weight limits, and states that a person operating a motor vehicle that exceeds current weight limits, and states that a person operating a motor vehicle exceeding the bill's specified weight limits by up to 5 percent is not in violation if certain restrictions are met. He discussed prepared amendment L.001 (Attachment A). Amendment L.001 strikes everything below the enacting clause and substitutes different language. Senator Brophy answered question from committee members and explained that amendment L.001 (Attachment A) is an attempt to respond to the Colorado Department of Transportation's (CDOT) concerns about SB 06-147. He stated that the amendment provides CDOT with a "gatekeeper" role for the regulation of over weight trucks or loads.

The following persons testified:

02:25 PM -- Jerry Sonnenberg, representing the Colorado Farm Bureau, testified in support of the bill. He stated that the bill establishes flexibility for producers of agriculture and the transport of those products. Mr. Sonnenberg responded to questions from committee members and stated that members of the Colorado Farm Bureau do not currently obtain extra-legal vehicle or load permits from CDOT.

02:34 PM -- Douglas Melcher, representing Colorado Corn Growers and Rocky Mountain Farmers Union, testified in support of the bill.

02:37 PM -- Michael Williams, representing himself, testified in support of the bill. He stated that he has been stopped for being as little as 16,000 pounds overweight and was issued an overweight ticket.



02:39 PM -- Cindy French and David Williams, representing the Dairy Farmer of America, testified in support of the bill. Ms. French distributed a statement of Dairy Farmers of America's support for SB 06-147 (Attachment B) and a visual handout (Attachment C). Mr. Williams stated that increasing vehicle combinations will result in a decrease in traffic congestion and pollution. He also stated that the weight limits for loads restricts their ability to be competitive.

02:52 PM -- Talon Canterbury, representing Colorado's Cattlemen's Association (CCA) testified in support of the bill. Mr. Canterbury responded to questions from committee members and indicated that CCA has not made presentations to the Colorado Transportation Commission.

02:55 PM

Senator Brophy indicated that he introduced a bill in 2002 that had similar provisions of SB 06-147. The bill was postponed indefinitely.

02:56 PM -- Mark Hamouz, representing himself, testified in opposition to the bill. He distributed a handout summarizing his testimony (Attachment D). He stated that allowing overloads will increase the rate of deterioration of bridges along with the connecting roadways.

03:04 PM -- Mike Bratten, representing the Colorado Municipal League (CML), testified in opposition to the bill. He stated that CML has concerns of the overweight vehicles and the impact on roads and bridges.

03:06 PM -- Mark Leonard and Herman Stockinger, representing CDOT, testified in opposition to the bill. Mr. Stockinger stated that SB 06-147 may increase the number deteriorating bridges and roads. He also stated that the state is limited by federal law to change the weight and size restriction of trucks and loads. Mr. Leonard stated that he is the Staff Bridge Engineer for CDOT and responded to questions from committee members. He stated that there is currently not a harvest permit for overloaded trucks or loads. Mr. Stockinger stated that amendment L.001 (Attachment A) is a step in the right direction.


03:20 PM

Senator Brophy made closing comments for SB 06-147 and stated that bill will create a level playing field for the agriculture industry. He responded to questions from committee members and stated that he has not brought this issue before the Transportation Legislation Review Committee but introduced a similar bill in 2002.
BILL:SB06-147
TIME: 03:29:05 PM
MOVED:Wiens
MOTION:Moved prepared amendment L.001 (Attachment A). The motion failed on a 3 to 4 roll call vote.
SECONDED:
VOTE
Hagedorn
Yes
Isgar
Yes
May R.
No
Spence
No
Wiens
Yes
Williams
No
Takis
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-147
TIME: 03:32:06 PM
MOVED:Wiens
MOTION:Refer Senate Bill 06-147 to the Committee of the Whole. The motion failed on a 3 to 4 roll call vote.
SECONDED:
VOTE
Hagedorn
Yes
Isgar
Yes
May R.
No
Spence
No
Wiens
Yes
Williams
No
Takis
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB06-147
TIME: 03:32:54 PM
MOVED:Hagedorn
MOTION:Reverse the previous roll call vote and postpone indefinitely Senate Bill 06-147. The motion passed on a 4 to 2 roll call vote.
SECONDED:
VOTE
Hagedorn
No
Isgar
No
May R.
Yes
Spence
Yes
Wiens
No
Williams
Yes
Takis
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:32 PM -- Senate Bill 06-163

Senator Takis announced that Senate Bill 06-163, concerning date on which a lien on a motor vehicle is perfected will be laid over. SB06-163 will be scheduled for a committee meeting on Tuesday, February 14.

03:32 PM -- Senate Bill 06-015

Senator Taylor, prime sponsor, explained the provisions of SB 06-015, concerning a clarification of the types of motor vehicles included in the centralized fleet of state vehicles. Under current law, state-owned passenger vehicles and trucks weighing 3/4 tons or less are managed by the Department of Personnel and Administration, as a centralized state fleet. The bill expands the fleet to include all trucks, regardless of weight, except for Department of Transportation vehicles weighing more than one ton. The bill also requires executive branch agencies that own vehicles outside of the fleet to provide data on these vehicles, upon request, to the Department of Personnel and Administration. Senator Taylor distributed a bill summary sheet (Attachment E).

The following persons testified:



03:35 PM -- Heather Sanchez, representing the Office of State Auditor, and Scott Madsen, representing the Division of Central Services within the Department of Personnel and Administration, came to the table to respond to questions. Mr. Madsen explained prepared amendment L.001 (Attachment F).
BILL:SB06-015
TIME: 03:42:48 PM
MOVED:Williams
MOTION:Moved prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Hagedorn
Isgar
May R.
Spence
Wiens
Williams
Takis
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-015
TIME: 03:45:36 PM
MOVED:Williams
MOTION:Refer Senate Bill 06-015, as amended, to the Committee on Appropriations. 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




03:46 PM -- Senate Bill 06-029

Senator Williams, prime sponsor, explained the provisions of SB 06-029, concerning a disclosure requirement in the private sale of a motor vehicle that may not qualify for a certification of emissions control. She distributed a bill summary sheet (Attachment G). The bill requires a seller of a motor vehicle, in a private sale, to disclose to the buyer whether the motor vehicle has a certification of emissions control. The bill allows the buyer of the motor vehicle to return the vehicle to the seller if the vehicle fails an emission inspection within 3 working days after it is sold, the vehicle is required to have an emissions inspection to be registered, and the seller failed to disclose whether the vehicle has a certification of emissions control. Senator Williams answered questions from committee members and stated the bill applies if the seller and buyer live in the enhanced emissions area.

The following persons testified:

03:57 PM -- Norm Teltow, representing Colorado Tire and Service Center, testified in support of the bill. He responded to questions from committee members and stated that the bill has a three day right of return.

04:04 PM -- J.M. Fay, representing herself, testified in support of the bill. Senator Williams assisted Ms. Fay with testimony.

04:13 PM

Jery Payne, Office of Legislative Legal Services and drafter of the bill came to the table to further explain the provision of SB 06-029.
BILL:SB06-029
TIME: 04:15:21 PM
MOVED:Williams
MOTION:Refer Senate Bill 06-029 to the Committee of the Whole. The motion passed on a 5 to 2 roll call vote.
SECONDED:
VOTE
Hagedorn
Yes
Isgar
Yes
May R.
Yes
Spence
Yes
Wiens
No
Williams
Yes
Takis
No
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:15 PM -- Senate Bill 06-058

Senator May, prime sponsor, explained the provisions of SB 06-058, concerning an increase in the period for which a certification of emissions control for newer diesel for newer diesel motor vehicles is valid. He distributed a bill summary sheet (Attachment H). He also explained prepared amendments L.001 (Attachment I) and L.002 (Attachment J).

The following person testified:

04:22 PM -- Diane Reimer, Legislative Liaison, Department of Revenue (DOR), testified in support of the bill. She stated that the disparity of light and heavy vehicles should be consistent.

04:26 PM

Senator May made closing comments for SB 06-058.
BILL:SB06-058
TIME: 04:26:35 PM
MOVED:May R.
MOTION:Moved amendment L.002 (Attachment J). The motion passed without objection.
SECONDED:
VOTE
Hagedorn
Isgar
May R.
Spence
Wiens
Williams
Takis
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-058
TIME: 04:27:03 PM
MOVED:May R.
MOTION:Moved amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:
VOTE
Hagedorn
Isgar
May R.
Spence
Wiens
Williams
Takis
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB06-058
TIME: 04:27:14 PM
MOVED:May R.
MOTION:Refer Senate Bill 06-058, as amended, to the Committee on Appropriations. The motion passed on a 7 to 0 roll call vote.
SECONDED:
VOTE
Hagedorn
Yes
Isgar
Yes
May R.
Yes
Spence
Yes
Wiens
Yes
Williams
Yes
Takis
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:27 PM

The committee recessed.

03:32 PM -- Senate Bill 06-163

Senator Takis announced that Senate Bill 06-163, concerning date on which a lien on a motor vehicle is perfected will be laid over. SB06-163 will be scheduled for a committee meeting on Tuesday, February 14.