House Committee on Transportation (04/18/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION

Date:	04/18/2012	ATTENDANCE

Time:	01:30 PM to 03:05 PM	Barker	X
		Brown	X
Place:	HCR 0107	Fischer	X
		Hamner	X
This Meeting was called to order by		Jones	X
	Representative Vaad	Priola	E
		Ramirez	X
This Report was prepared by		Scott	*
	Kelli Kelty	Tyler	X
		Williams A.	X
		Young	*
		Looper	*
		Vaad	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-044 HB12-1327		Amended, Referred to Finance Witness Testimony and/or Committee Discussion Only

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

02:10 PM -- House Bill 12-1327

The committee took a brief recess.

02:14 PM

The committee came back to order. Representative Coram, prime sponsor, presented House Bill 12-1327. The bill 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 will 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.

Representative Coram distributed prepared amendment L.005 (Attachment C) and discussed the impetus behind the strike-below amendment. Representative Looper asked about the $50,000 maximum surety bond and costs of surety bonds. Representative Coram responded that a no-credit-check bond for $10,000 is in the $100-$200 range. Committee discussion ensued concerning surety bonds and the cost of surety bonds under current law.

The following people testified on the bill:

02:24 PM -- Mr. Rob Mooney, representing the Towing Recovery Professionals of Colorado (TRPC), testified in opposition to the bill and prepared amendment L.005. Mr. Mooney gave a brief overview of TRPC's involvement with past legislation addressing surety bonds. Representative Coram responded to Mr. Mooney's comments. Representative Looper commented on the bill and asked for more information concerning the TRPC's position on the bill.

02:35 PM -- Mr. John Connolly, representing the TRPC, testified on the bill. Mr. Connolly commented on the TRPC's opposition to Senate Bill 12-049. He spoke on prepared amendment L.005. Discussion ensued concerning the TRPC's involvement in the amendment process.

02:43 PM -- Mr. Darren Doucet, representing the Bond Guarantee Group, came to the table to comment on prepared amendment L.005. Mr. Doucet distributed a handout to the committee (Attachment D) and commented on surety bonds.

02:49 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol (CSP), came to the table. Mr. Juchem stated that the CSP is neutral on L.005. Representative Hamner asked for more information on the CSP's position on L.005. Mr. Juchem discussed the CSP's concerns with provisions of prepared amendment L.005.

02:53 PM -- Mr. Ron Jack, representing the PUC, came to the table to respond to questions from the committee. Mr. Jack commented on the PUC's interpretation of prepared amendment L.005. Representative Young asked if the PUC supports L.005. Mr. Jack responded that the PUC is neutral on L.005. Representative Fischer asked if L.005 will require a revised fiscal note. Representative Looper asked about the inspection of towing carriers, facilities, and vehicles in relation to the fiscal impact.


BILL:	HB12-1327
TIME:	02:58:53 PM
MOVED:	Looper
MOTION:	Moved to adopt prepared amendment L.005. A vote on the motion was not taken before the committee adjourned.
SECONDED:	Brown
		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:


BILL:	HB12-1327
TIME:	02:59:14 PM
MOVED:	Tyler
MOTION:	Moved to adopt prepared amendment L.001(Attachment E) as a substitute motion. A vote on the motion was not taken before the committee adjourned.
SECONDED:	Fischer
		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:

3:02 PM

Ms. Clare Pramuk, Legislative Council Staff came to the table to respond to questions concerning the fiscal note. Discussion ensued concerning the fiscal impact of L.005 and L.001.

3:04 PM

Representative Vaad announced that the bill will be laid over for action only at a later date.

03:05 PM

The committee adjourned.