Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
TRANSPORTATION & ENERGY
Date:
02/02/2005
ATTENDANCE
Time:
01:39 PM
to
05:37 PM
Borodkin
X
Cadman
X
Place:
SupCt
Green
X
Hefley
X
This Meeting was called to order by
Knoedler
X
Representative
Pommer
Larson
X
Lindstrom
X
This Report was prepared by
Ragsdale
X
Brad Denning
Welker
X
McFadyen
X
Pommer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1102
HB05-1030
HB05-1122
HB05-1138
HB05-1140
Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Amended and Referred to Appropriations
Referred to the Committee on Appropriations
Referred to the Committee of the Whole
01:39 PM -- House Bill 05-1102
Representative Lindstrom, prime sponsor, introduced House Bill 05-1102 specifying that the annual vehicle identification fee paid by various motor vehicle carriers to the Public Utilities Commission is valid for the calendar year in which the fee is paid.
BILL:
HB05-1102
TIME:
01:41:54 PM
MOVED:
Lindstrom
MOTION:
Moved to refer HB 05-1102, unamended, to the Committee of the Whole with a favorable recommendation. The bill passed unanimously.
SECONDED:
McFadyen
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:43 PM -- House Bill 05-1030
Representative Sullivan, prime sponsor, explained House Bill 05-1030 concerning private toll roads and requiring the board of directors of the statewide tolling enterprise to fix toll rates for any private toll road that is located in more than one county. He responded to committee questions. Representative Sullivan indicated that the front-range counties endorse this bill. He provided a map of the proposed front range transportation corridor (Attachment A) and a compilation of newspaper articles (Attachment B) concerning the proposed toll road.
The following people testified:
01:49 PM --
Mike Acree, from the Douglas County Sheriff's office, spoke in support of the bill. Mr. Acree reviewed information regarding commercial truck driver accidents on Interstate 25.
01:56 PM --
Ray Wells, representing the Front Range Toll Road Company (FRTRC), president of this private corporation, spoke in support of the bill. He provided the following background information on the history of this proposed toll road. He indicated that the company has worked closely with CDOT, and other entities, to propose this corridor. Mr. Wells reviewed the various court cases and current statutes that relate to this legislation. He noted that current statute could dictate seven different toll rates along the toll road should the current law not be amended, as the toll road would run through several different counties. This legislation would allow the Colorado Tolling Enterprise to set a uniform toll rate for the road. He explained that the toll road will pay taxes because it is a private enterprise.
02:09 PM
Representative Cadman asked Mr. Wells about the company's powers of condemnation to acquire land. He asked how many private property owners will have to sell their land to develop this road. Mr. Wells believes that number may be in the range of 200 owners, and the land includes state land and various ranches. Representative Cadman referenced recent newspaper articles on this project. Mr. Wells indicated that his company would have the same condemnation rights as the state transportation department.
02:18 PM
Representative McFadyen asked that Mr. Wells state on the record that the intent of this legislation is not to enforce or mandate that the trucking industry would have to use toll roads. Mr. Wells indicated that this was not the intent. He explained that this bill has no legislative intent to mandate the use of toll roads by the trucking industry. He responded to Rep. McFadyen's questions.
Representative Pommer asked how many of the approximate 200 private property owners he had approached. Mr. Wells said his company has discussed the toll road with many of the property owners. He doesn't believe the company will conduct a lot of condemnation. Mr. Wells explained that his company will conduct the same condemnation process as CDOT and follow the same environmental impact studies required of any other project.
02:29 PM
Mr. Wells indicated that the company has a full series of studies to be performed to adhere to the necessary federal requirements for building a road of this nature. He continued to respond to committee questions.
02:39 PM --
Mr. Dee Wisor, an attorney representing Front Range Toll Road Company, explained the property tax implications of the toll road.
02:40 PM --
Herman Stockinger, representing the Colorado Department of Transportation (CDOT), had no opinion to express on this bill, but was available for questions only. He said CDOT anticipates working with the FRTRC. He explained that if the toll road becomes a reality, CDOT believes the benefits from the toll road will outweigh the costs.
02:42 PM --
Glenn Scott, representing himself, spoke in support of the bill. He indicated that this bill is not a new concept, and believes it is extremely complimentary to the Regional Transportation District's project, Fastracks.
BILL:
HB05-1030
TIME:
02:47:07 PM
MOVED:
Ragsdale
MOTION:
Moved Amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:
McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1030
TIME:
02:52:32 PM
MOVED:
Larson
MOTION:
Moved L.001 (Attachment D). The motion passed without objection.
SECONDED:
McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1030
TIME:
02:52:46 PM
MOVED:
Ragsdale
MOTION:
Moved HB 05-1030, as amended, to the Committee of the Whole, with a favorable recommendation. The vote passed unanimously.
SECONDED:
Borodkin
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:59 PM -- House Bill 05-1122
Representative Coleman, prime sponsor, explained HB 05-1122 which would make it a class A traffic infraction for a person to knowingly drink an alcoholic beverage, or possess and alcoholic beverage container, in the passenger area of a motor vehicle while the vehicle s on a public highway or a right-of-way of a public highway. She provided Amendment L.001 (Attachment E) and responded to committee questions.
The following people testified:
03:13 PM --
Christy LeLait, Colorado Executive Director of Mothers Against Drunk Drivers (MADD), representing MADD, spoke in support of the bill. She explained local ordinances regarding open containers, and noted that by passing this law, the committee was making a more uniform law for the state.
03:16 PM
-- Stephen Miller, Office of Legislative Legal Services, drafter of the bill, responded to committee questions relating to the definition of a passenger area of a vehicle. He responded to committee questions.
03:22 PM --
Herman Stockinger, representing CDOT, spoke in support of the bill. He addressed the fiscal and policy impact of the bill. He noted that this bill would conform Colorado law to the federal Transportation Equity Act of the 21st Century. He stated that approximately 36 other states require an open-container law.
03:25 PM --
Kevin Bommer, representing the Colorado Municipal League, spoke in support of the bill with amendments.
03:31 PM --
Jerome Powell, representing the Denver Police Department, spoke in support of the bill. Mr. Powell discussed his experiences as a police officer with people who drink and drive. He responded to committee questions.
Representative Coleman concluded her remarks. She indicated that she would be willing to look at the bill address Representative Cadman's concerns, but was reluctant to make an amendment at present.
BILL:
HB05-1122
TIME:
03:41:42 PM
MOVED:
Larson
MOTION:
Moved Amendment L.001. Representative Coleman discussed the amendment. The motion passed without an objection.
SECONDED:
McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1122
TIME:
03:44:46 PM
MOVED:
Pommer
MOTION:
Moved to amend the bill, page 2, line 14, insert "consumable" after "any". The motion passed without objection.
SECONDED:
Larson
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1122
TIME:
03:46:45 PM
MOVED:
Cadman
MOTION:
Moved to amend page 2, strike lines 16 and 17, and substitute the following: "THAT IS OPEN AND OF WHICH THE CONTENTS ARE PARTIALLY REMOVED." The motion failed on a 3-7-1 vote.
SECONDED:
Knoedler
VOTE
Borodkin
No
Cadman
Yes
Green
No
Hefley
Excused
Knoedler
Yes
Larson
No
Lindstrom
No
Ragsdale
No
Welker
Yes
McFadyen
No
Pommer
No
Not Final YES:
3
NO:
7
EXC:
1
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1122
TIME:
03:52:39 PM
MOVED:
Larson
MOTION:
Moved HB 05-1122, as amended, to the Committee on Appropriations. The motion passed on a 8-3 vote.
SECONDED:
Ragsdale
VOTE
Borodkin
Yes
Cadman
No
Green
Yes
Hefley
No
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
No
McFadyen
Yes
Pommer
Yes
Final YES:
8
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
04:01 PM -- House Bill 05-1138
Represented Coleman, prime sponsor, explained House Bill 05-1138 which makes it a primary offense for a driver to operate a motor vehicle, punishable as a class B traffic infraction, without wearing a fastened safety belt. The wearing of a safety belt includes certain children and all front-seat passengers. She responded to committee questions.
The following people testified:
04:11 PM --
Paul Branham, representing the Colorado Seatbelt Coalition, spoke in support of the bill. Mr. Branham provided a set of resolutions from various local governments urging the Colorado State Legislature to adopt a state-wide legislation to make seat belt violations a primary traffic offense (
Attachment F
). He responded to committee questions.
04:11 PM
-- Representative Larson and Representative Cadman discussed the probability of enforcing this law. Committee discussion continued. Mr. Branham responded to the committee's comments.
04:35 PM --
Terry Campbell, representing the Colorado State Patrol, spoke in support of this bill. He discussed the practical application of this legislation and the results experienced by other states once similar primary safety-belt legislation was enacted. He noted that in states with primary safety-belt laws, compliance rates have increased, resulting in the saving of lives and property. He indicated that the average rate of compliance for secondary safety-belt laws was 75 percent. For state with primary safety-belt legislation, the compliance rate is approximately 83 percent.
04:42 PM --
Denny O'Malley, President, Craig Hospital, representing the hospital, spoke in support of the bill. He noted that the hospital very much believes that this bill will reduce injuries and fatalities. He provided statistics related to this bill, and said that this legislation will most likely reduce medical costs.
04:51 PM --
Joy Keyser Pickar, representing State Farm Insurance, spoke in support of the bill. She focused her testimony on auto insurance, indicating that State Farm Insurance insures approximately one out of four cars on the highways. She responded to committee questions.
05:01 PM --
Jim Savage, representing Children's Hospital and Denver Metro Safe Community Coalition, spoke in support of the bill. He responded to a question that Representative Cadman proposed.
05:06 PM --
Wes Reiber, representing the Douglas County Coroner and the Colorado Coroner's Association, spoke in support of the bill.
05:08 PM --
Leo Jodoin, representing Drive Smart Weld County, spoke in support of the bill. He lost his son in an auto accident. He said that a traffic fatality impacts not just the victim, but has a much broader impact on family and friends. Members of the committee expressed their sympathies for his loss.
BILL:
HB05-1138
TIME:
05:15:09 PM
MOVED:
Larson
MOTION:
Moved to refer HB 05-1138, unamended, to the Committee on Appropriations. The motion passed on a 7-4 vote.
SECONDED:
Borodkin
VOTE
Borodkin
Yes
Cadman
No
Green
Yes
Hefley
No
Knoedler
No
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
No
McFadyen
Yes
Pommer
Yes
Final YES:
7
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
05:25 PM -- House Bill 05-1140
Representative Benefield, prime sponsor, introduced House Bill 05-1140 which changes the late fee for registering a motor vehicle from the greater of 10 percent of the tax or $10 to $10 dollars or less. The bill would authorize the Department of Revenue or the authorized agent to retain the fee. She responded to questions.
The following people testified:
05:28 PM --
Scott Doyle, representing the County Clerks Association, spoke in support of the bill. He responded to committee questions.
05:32 PM --
Darlene Martinez, representing the Denver County Motor Vehicle Office, spoke in support of the bill. She explained that Denver County is very interested in this bill because there are people who are driving their vehicles without first registering their vehicle.
Representative Benefield concluded her remarks.
BILL:
HB05-1140
TIME:
05:34:12 PM
MOVED:
McFadyen
MOTION:
Moved to refer House Bill 05-1140, unamended, to the Committee of the Whole with a favorable recommendation. The motion passed unanimously.
SECONDED:
Borodkin
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS