Senate Committee on Transportation (05/03/2012)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:	05/03/2012	ATTENDANCE

Time:	11:22 AM to 12:04 PM	King S.	X
		Newell	X
Place:	SCR 352	Renfroe	X
		Schwartz	X
This Meeting was called to order by		Spence	X
	Senator Hudak	Williams S.	X
		Hudak	X
This Report was prepared by
	Kori Donaldson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1327		Referred to Finance

11:22 AM -- House Bill 12-1327

The committee was called to order. A quorum was present. Senators Steve King and Ellen Roberts, sponsors, presented House Bill 12-1327, which repeals the requirement that a towing carrier maintain a $50,000 surety bond to pay a civil penalty assessed against it by the Public Utilities Commission (PUC). Instead, failure to pay a fine or civil penalty may result in:

• the immediate revocation of the towing carrier's operating authority;

• a five-year prohibition on reapplying for a new authority; and

• a five-year disqualification from obtaining or renewing any operating authority for the towing carrier, its owners, principals, officers, members, partners, and directors, and any other entity owned or operated by those parties.

The initial application fee of $150 is changed to an annual fee. Towing carriers with a bond in place are exempt from the annual fee until the bond expires. Beginning January 1, 2013, towing carriers are required to purchase and display tow truck license plates which are created under the bill. The PUC is responsible for verifying that a person is authorized to provide towing services and should have a tow truck license plate. A person who violates the tow truck license plate provisions commits a Class B traffic infraction punishable by a fine of $75.00. Finally, the bill allows the PUC and authorized personnel of the Department of Public Safety (DPS) to inspect a towing carrier's facilities and vehicles. If the DPS finds violations during an inspection, it must promptly report these violations to the PUC.

Senators King and Roberts provided input about the potential impact on towing carriers if the bill does not pass. Senator Roberts responded to questions from the committee about Senate Bill 12 -049, which was an earlier version of HB 12-1327 first considered by the Senate Transportation Committee on January 31, 2012. The bill was postponed indefinitely by the Senate Transportation Committee on February 21, 2012. Discussion ensued about differences between HB 12-1327 and the earlier version of the bill.

11:35 AM

Senator Williams distributed and explained prepared amendment L.012 (Attachment A).

11:37 AM -- Mr. Chuck Ford, representing the Towing and Recovery Professionals of Colorado, testified in support of the bill and spoke to L.012. Mr. Ford spoke to amendments made to the bill in the House. Senator Roberts commented on L.012. Discussion continued about the potential impact of the amendment on towing carriers. Mr. Ford addressed questions from the committee about towing permit violations.

11:47 AM

Senator Roberts spoke on the topic of non-consensual towing and differences between rural and urban towing operations. Discussion continued on the topic of the prepared amendment.

11:52 AM -- Mr. Ron Jack, representing the PUC, spoke to L.012. Mr. Jack described how towing carriers may be impacted by the prepared amendment. Mr. Ford made additional comments about the bill. He explained that he does not want to risk passage of the bill. Senator Williams explained that she will not offer prepared amendment L.012. Mr. Jack responded to a question about whether the PUC will have the authority to inspect vehicles for new towing carriers pursuant to the bill. Mr. Jack addressed additional questions from the committee about the bill's anticipated revenue impact. Senator King shared a conversation he had earlier with a representative of the Colorado State Patrol about vehicle inspections and the potential to eliminate redundancy in the inspection process through passage of the bill.


BILL:	HB12-1327
TIME:	12:00:12 PM
MOVED:	Renfroe
MOTION:	Refer House Bill 12-1327 to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	King S.	Excused
	Newell	Yes
	Renfroe	Yes
	Schwartz	Yes
	Spence	Yes
	Williams S.	Yes
	Hudak	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:04 PM

The committee adjourned.