Date: 04/18/2012

Final
BILL SUMMARY for HB12-1327

HOUSE COMMITTEE ON TRANSPORTATION

Votes: View--> Action Taken:
Moved to adopt prepared amendment L.001(Attachment
Moved to adopt prepared amendment L.005. A vote on




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.

HseTran0418AttachC.pdf

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.

HseTran0418AttachD.pdf

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:

HseTran0418AttachE.pdf

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.