Final
BILL SUMMARY for HB05-1122

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes:
Action Taken:
Moved Amendment L.001. Representative Coleman dis
Moved HB 05-1122, as amended, to the Committee on
Moved to amend page 2, strike lines 16 and 17, and
Moved to amend the bill, page 2, line 14, insert "		Pass Without Objection
PASS
FAIL
Pass Without Objection


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