Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:03/09/2006
ATTENDANCE
Time:10:56 AM to 11:43 AM
Borodkin
X
Green
E
Place:HCR 0112
Hefley
X
Knoedler
X
This Meeting was called to order by
Larson
X
Representative Pommer
Lindstrom
X
Ragsdale
X
This Report was prepared by
Sullivan
E
Jamila Rockette
Welker
X
McFadyen
X
Pommer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-078
SB06-115		Referred to the Committee of the Whole
Referred to the Committee of the Whole

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

11:30 AM -- Senate Bill 06-115

Representative Larson, prime sponsor, presented Senate Bill 06-115 which requires a corporation formed for the purpose of constructing a toll road or toll highway to file with the county clerk and recorder of each county through which any portion of the proposed toll road or toll highway will pass, and update as necessary, the following materials:

1. a map or survey of the proposed route of the toll road or toll highway;
2. a statement of the proposed route of the toll road or toll highway, within three miles; and
3. a listing of all property over or across which the proposed toll road or toll highway will be constructed.

The bill further requires a corporation to obtain the consent of the appropriate municipal or county authorities before constructing a private toll road or toll highway through, in, upon, under, or over any street or alley of any city, incorporated town, county, or city and county. The bill also allows, subject to specified limitations, a political subdivision to levy a tax, fee, or charge for any right or privilege of constructing or operating a private toll road or toll highway. If there is any controversy over the appropriateness of the fee or charge, the bill requires the political subdivision to prove that the fee or charge is no greater than necessary to defray the direct impacts or costs incurred by the political subdivision.

11:33 AM

Robert Thomasson, representing the High Plains Coalition for Responsible Transportation Policy (HPCRTP), spoke in support of the bill. Mr. Thomasson stated that Elbert County is close to bankruptcy. He stated that he loves Elbert County and that it is a great place, but that the residents don't always have the money or the sophistication to contend with big corporations and big money. He stated that there are many questions that Elbert County residents have about some of the toll road proposals that are being left unanswered by the toll road companies, and he asked the committee to support the bill.


11:36 AM

Carl Filler, representing himself, spoke in support of the bill. Mr. Filler stated that local government should have the strongest voice in the planning phases of their counties and cities. He stated that local politicians and policy makers are most accessible to common people and that they generally share the same values and beliefs as the residents in regard to how the county or city should be administered. He added that these politicians and policy makers are responsible for the heath and safety of the residents in their counties, and that this bill allows them to have the power and support they need to look out for the best interest of their constituents. He asked the committee to support the bill.

11:38 AM

The committee discussed whether or not the bill affected any of the provisions in Senate Bill 06-078.

11:40 AM

Herman Stockinger, Legislative Liaison for the Colorado Department of Transportation, stated that if Senate Bill 06-078 becomes state law before Senate Bill 06-115, the definition of who could condemn property would go back to how it is written in current law. Mr. Stockinger stated that interested parties and the sponsor will talk to the bill drafter for clarification.

Representative Larson stated that he would work on the effective dates of the two bills with the other sponsors and LLS.
BILL:SB06-115
TIME: 11:41:38 AM
MOVED:Borodkin
MOTION:Moved to refer Senate Bill 06-115 to the Committee of the Whole. The motion passed 9-0.
SECONDED:Hefley
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

11:42 AM

The committee adjourned.