House Committee on Transportation & Energy (04/26/2006)

Draft
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/26/2006	ATTENDANCE

Time:	01:49 PM to 06:15 PM	Borodkin	X
		Green	X
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	X
	Jamila Rockette	Welker	X
		McFadyen	X
		Pommer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1404 SB06-072 SB06-224		Amended, Referred to Appropriations Amended, Laid Over Amended, Referred to the Committee of the Whole

01:49 PM -- House Bill 06-1404

Representative Todd, prime sponsor, presented House Bill 06-1404 which creates a "support education" special license plate. The bill authorizes the issuance of the plate to individuals who pay the appropriate fees, a one-time fee of $25.00, and have a certificate verifying a $20.00 donation to Impact on Education, Inc.. Representative Todd distributed amendment L.001 (Attachment A).

01:57 PM

Mona Sandoval, representing the Colorado School Foundation Association (CSFA), spoke in support of the bill. Ms. Sandoval listed supporters of the legislation and described the mission and activities of the CSFA. Responding to questions from members, Ms. Sandoval discussed how the fees would be applied to the donor's organization of choice.

02:08 PM

Gaye Leonard, Executive Director of the Cherry Creek School District Foundation (CCSDF), spoke in support of the bill. Ms. Leonard explained the activities of her organization. She stated that the CCSDF supports the legislation because the bill will promote community engagement in public schools.

Members of the committee discussed establishing a process to determine which foundations will qualify to receive donations for the public schools.

02:15 PM

Sheila Sloan, representing the Pueblo District 70 Education Foundation, spoke in support of the bill. Ms. Sloan stated that her community is always looking for ways to support kids.

02:18 PM

Robert Young, Executive Director of the Littleton Public School Foundation (LPSF), spoke in support of the bill. Mr. Young described the activities of the LPSF and discussed the Littleton Public School District's 21st Century Learning Program.

02:21 PM

Kathy Kelly, Director of the District 50 Education Foundation, spoke in support of the bill. Ms. Kelly described the demographics of her school district. She stated that the foundation's goals are to increase community engagement, support multi-year scholarships for college, and to provide grants to teachers.

02:25 PM

Francie Anhut, representing Impact on Education, spoke in support of the bill. Ms. Anhut stated that Impact on Education was the first education foundation established in Colorado. Ms. Anhut described the history and activities of Impact on Education, and distributed a handout on the "support education" license plate (Attachment B).


BILL:	HB06-1404
TIME:	02:32:52 PM
MOVED:	Pommer
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Lindstrom
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1404
TIME:	02:34:36 PM
MOVED:	Larson
MOTION:	Amend printed bill, Page 2, strike line 13; line 14 strike "license plate.". The motion passed without objection.
SECONDED:	Sullivan
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1404
TIME:	02:39:01 PM
MOVED:	Knoedler
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Sullivan
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1404
TIME:	02:39:13 PM
MOVED:	Knoedler
MOTION:	Moved to amend L.003, line 4, after "office," insert "ballot initiatives, referenda,". The motion passed without objection.
SECONDED:	Sullivan
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:44 PM

Representative Pommer distributed amendment L.002 (Attachment D)


BILL:	HB06-1404
TIME:	02:44:27 PM
MOVED:	Pommer
MOTION:	Moved amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	McFadyen
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1404
TIME:	02:34:03 PM
MOVED:	McFadyen
MOTION:	Moved House Bill 06-1404, as amended, to the Committee on Appropriations. The motion passed 11-0.
SECONDED:	Green
		VOTE
	Borodkin	Y
	Green	Y
	Hefley	Y
	Knoedler	Y
	Larson	Y
	Lindstrom	Y
	Ragsdale	Y
	Sullivan	Y
	Welker	Y
	McFadyen	Y
	Pommer	Y









Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass

02:52 PM -- Senate Bill 06-072

Representative Harvey, prime sponsor, presented Senate Bill 06-072 which increases the penalties related to careless driving resulting in serious bodily injury.

Representative Harvey distributed amendment L.008 (Attachment E).

03:06 PM

Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain stated that courts should have discretion in careless driving cases.

Responding to questions from members, Representative Harvey explained the penalties for careless driving under current state law.

Members of the committee discussed whether or not the bill would make the penalties for careless driving stronger than the penalties for reckless driving.

03:23 PM

Dave Thomas, Executive Director of the Colorado District Attorney Council, spoke in opposition to the bill.

03:40 PM

Michael Williams, representing Bikepac, spoke in support of the bill. Mr. Williams distributed two handouts, a Rocky Mountain News Article (Attachment F), and a Colorado Legislative Council memorandum (Attachment G). He does not believe that the bill makes the penalties for careless driving stronger than the penalties for reckless driving. Mr. Williams stated that driving is a privilege and that with that privilege comes responsibility. He stated that there is a huge responsibility with driving a motor-vehicle.

04:08 PM

Christine Lafore, representing her family, spoke in support of the bill. Ms. Lafore described a motor-vehicle accident that her son was involved in and subsequently died from. She stated that she knows the bill will not prevent accidents, but she's hoping the legislation will act as a deterrent to careless driving.

04:13 PM

Allela Collins, representing her family, spoke in support of the bill. Ms. Collins stated that her father loss 30 years of his memory as a result of a motor-vehicle accident. She reiterated that driving is a privilege, not a right. She stated that it is a shame to allow careless drivers to continue to have the privilege of driving.

04:19 PM

Sherry Kester, representing the Colorado Judicial Department, testified before the committee. Ms. Kester discussed amendment L.008.

04:23 PM

Katie, representing her brother, spoke in support of the bill.

04:25 PM

Terry Level, representing her family, spoke in support of the bill. Ms. Level described the motor-vehicle accident that killed her son.

04:32 PM

Representative Harvey gave his closing remarks.


BILL:	SB06-072
TIME:	04:45:14 PM
MOVED:	Green
MOTION:	Moved a conceptual amendment. Amend engrossed bill, page 3, line 2, strike "shall" and insert "may"; line 5 strike "shall" and insert "may", line 15 strike "shall" insert "may". The motion passed without objection.
SECONDED:	Ragsdale
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:52 PM

Representative Pommer laid over the bill so that the committee could review amendments.

04:53 PM

Representative Pommer called a recess.

05:03 PM

Representative Pommer called the committee back to order.

05:03 PM -- Senate Bill 06-224

Representative Harvey, prime sponsor, continued presenting Senate Bill 06-224. The committee first heard the bill on April 20, 2006. Representative Pommer laid over the bill so that so that members could conduct further research on the issue.

The bill requires motor vehicle manufacturers to disclose that a motor vehicle has an event data recorder. The bill also prohibits the retrieval of event data from a motor vehicle unless the owner consents, a court or administrative agency orders it, a peace officer, firefighter, or emergency medical service provider retrieves the data to improve motor vehicle safety, security, or traffic management, or for medical research. The data may also be retrieved for a motor vehicle dealer or an automotive technician diagnosing, servicing, or repairing the motor vehicle, or if it is retrieved to facilitate emergency medical services. The bill exempts subscription services that disclose the use of an event data recorder and prohibits the release of event data unless the data is released to a motor vehicle safety and medical research entity or data processor in order to advance motor vehicle safety, security, or traffic management.

05:04 PM

Greg Fulton, representing the Colorado Motor Carriers Association, spoke in support of the bill. Mr. Fulton described how event data recorders work.

05:21 PM

Miko Ando, representing the Colorado Civil Justice League (CCJL), spoke in favor of amendment L.009 (Attachment H). Ms. Ando stated that CCJL is opposed to amendment L.006 (Attachment I). Ms. Miko responded to questions from the committee.

05:42 PM

The committee continued discussing event data recorders, including when the data from the recorder can be accessed. They discussed that the information would be available under the rules of discovery. Representative Harvey provided his impression of why Ms. Ando's organization is opposed to L.006.

05:48 PM

Bill Imig, representing Property Casualty Insurers Association, spoke in support of the Senate version of the bill. He expressed concern about the provision in the Harvey amendment regarding auto owner consent.


BILL:	SB06-224
TIME:	05:58:43 PM
MOVED:	Pommer
MOTION:	Moved amendment L.006 (Attachment I). The motion passed without objection.
SECONDED:	McFadyen
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	06:01:02 PM
MOVED:	Knoedler
MOTION:	Moved to amend amendment L.006, Page 2, strike lines 2-5. The motion passed 10-1-0.
SECONDED:	Ragsdale
		VOTE
	Borodkin	Yes
	Green	Yes
	Hefley	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	Yes
	Sullivan	Yes
	Welker	Yes
	McFadyen	No
	Pommer	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-224
TIME:	06:03:44 PM
MOVED:	Pommer
MOTION:	Moved amendment L.009 (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	06:06:08 PM
MOVED:	Hefley
MOTION:	Moved amendment L.010 (Attachment J). The motion passed without objection.
SECONDED:	Sullivan
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	06:10:47 PM
MOVED:	Hefley
MOTION:	Moved amendment L.008 (Attachment K). The motion passed without objection.
SECONDED:	Pommer
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	06:11:42 PM
MOVED:	Hefley
MOTION:	Moved amendment L.005 (Attachment L). The motion passed without objection.
SECONDED:	Pommer
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	06:13:41 PM
MOVED:	McFadyen
MOTION:	Moved to refer Senate Bill 06-224, as amended, to the Committee of the Whole. The motion passed 10-1-0.
SECONDED:	Sullivan
		VOTE
	Borodkin	Yes
	Green	Yes
	Hefley	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	No
	Sullivan	Yes
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:15 PM

The committee adjourned.