Bill Summary for Bill Number SB12-044

Date: 04/18/2012

Final
BILL SUMMARY for SB12-044

HOUSE COMMITTEE ON TRANSPORTATION

Votes: View-->	Action Taken:
Moved to adopt prepared amendment L.005 (Attachmen Moved to adopt prepared amendment L.007 (Attachmen Moved to refer Senate Bill 12-044, as amended, to	Pass Without Objection Pass Without Objection PASS

01:30 PM -- Senate Bill 12-044

Representative Vaad called the meeting to order. A quorum was present. The committee took a brief recess in order to wait for the sponsor to arrive.

01:34 PM

The committee came back to order. Representative Pabon, prime sponsor, presented Senate Bill 12-044. The bill creates a new class B traffic infraction for failure to pay the applicable fare or to present a valid transit pass or coupon while using public transportation. Under the bill, the infraction is punishable by a fine of $75. Fines for infractions within the City and County of Denver are retained by that jurisdiction. Fines in other jurisdictions are to be remitted to the Judicial Department. A person with an outstanding judgment for the new infraction is prohibited from obtaining or renewing a driver's license. The bill clarifies that fare inspectors employed by public transportation entities are authorized to issue citations and are responsible for delivering citations to the county court where the violation occurred.

The bill also creates a process for the sealing of existing criminal convictions for theft of transit by fare evasion. Specifically, for a person who has completed his or her sentence, the court that entered the conviction is required to seal it by January 1, 2013. Prior to January 1, 2013, a person who wishes to expedite the process may petition the court to seal his or her record. For cases where an offender has not completed his or her sentence, the court is not required to seal the conviction until it receives a petition and verifies that the sentence is complete, including the payment of any fines and surcharges.

Representative Pabon discussed the provisions of the bill and said that the Judicial Department and the Denver County Court brought this bill. Representative Young asked for information concerning provisions of the bill addressing sealing of criminal conviction records for offenses involving theft of public transportation services.

01:44 PM

Representative Vaad asked Representative Pabon if he would like to address any proposed amendments to the bill. The committee took a brief recess while prepared amendments L.005 and L.007 were distributed (Attachments A and B, respectively).

01:45 PM

The committee came back to order. Representative Pabon discussed the prepared amendments and noted that L.005 is a technical amendment.

The following people testified on the bill:

01:48 PM -- Mr. Jeff Clayton, representing the Judicial Department, testified in support of the bill. Mr. Clayton commented on the bill and said that the County Sheriffs of Colorado endorse the bill. Mr. Clayton responded to questions from the committee concerning theft of public transportation.

01:52 PM -- Judge John Marcucci, representing the Denver County Court, testified in support of the bill. Judge Marcucci commented on the bill and crimes of moral turpitude. He commented on the Regional Transportation District trespass policy. Representative Hamner asked about crimes associated with theft of public transportation.

02:03 PM -- Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, spoke on prepared amendment L.007.


BILL:	SB12-044
TIME:	02:07:10 PM
MOVED:	Brown
MOTION:	Moved to adopt prepared amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Williams A.
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola	Excused
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-044
TIME:	02:07:43 PM
MOVED:	Brown
MOTION:	Moved to adopt prepared amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:	Williams A.
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola	Excused
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-044
TIME:	02:09:44 PM
MOVED:	Brown
MOTION:	Moved to refer Senate Bill 12-044, as amended, to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 12-0.
SECONDED:	Williams A.
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	Yes
	Ramirez	Excused
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	Yes

YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS