Transportation Legislation Review (10/07/2005)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW

Date:	10/07/2005	ATTENDANCE

Time:	09:41 AM to 11:38 AM	Borodkin	X
		Cadman	X
Place:	HCR 0112	Green	X
		Hagedorn	X
This Meeting was called to order by		Hefley	E
	Representative Pommer	Isgar	X
		Knoedler	E*
This Report was prepared by		Larson	X
	Lauren Sisneros	Lindstrom	X
		May R.	X
		McFadyen	X
		Ragsdale	X
		Spence	X
		Welker	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Presentation by NCSL Bill A - Private Toll Roads Bill B - Eminent Domain Bill C - On-Premises Advertising Devices Bill D - Persistent Drunk Driver Bill E - Commercial Vehicle's Onwer Court Appearance Bill F - Crossing at Grade Railroad Tracks Bill G - Private Motor Vehicle Sales Emission Bill H - Hazardous Materials Commercial Vehicles		- Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole

09:41 AM -- Call to Order

Representative Pommer, chair, called the meeting to order.
09:42 AM -- National Conference of State Legislatures

Matt Sundeen, National Conference of State Legislatures, presented provisions of the federal Real ID Act. He stated that the major driver's license issues concern protecting integrity of the license issuance and verifiability. He noted that Colorado currently determines the eligibility requirements, testing requirements, and lawful presence requirements to issue a driver's license. Efforts to improve the driver's license system include state legislation, regulation by motor vehicle administrators, and federal legislation. The Real ID Act of 2005 terminated negotiated rulemaking for the issuance of driver's licences and implemented mandatory federal standards for states. The key Real Id Act provisions include:

minimum standards for federal use of a driver's license or identification card;
minimum standards for license and card design;
standards for issuing driver's licenses and identification cards;
requirements related to immigration;
requirements for verification of documents;
requirements for data retention and sharing of documents;
requirements regarding fraud prevention; and
federal funding.

Mr. Sundeen stated that the security features of the Real ID Act are unknown and the cost of implementing those features are of concern to states. Verification of all documents may be difficult and costly. The renewal period for driver's licenses will be required to be eight years according to the provisions of the Real ID Act. In addition, the Real ID Act includes immigration requirements. The cost of verifying that all documents prove lawful presence may require additional costs to the state of Colorado. Another provision of the Real ID act requires data retention, storage, and sharing of documents, which raises the concern of cost and privacy. Mr. Sundeen also stated that various states have conducted initial cost assessments; however, these assessments may be premature.

10:10 AM

Representative McFadyen suggested that the TLRC write a letter to the federal officials requesting funding to implement the provisions of the Real ID Act. Mr. Sundeen stated that Department of Revenue will be required to make the decision as to where documents would be stored. The provisions only relate to driver's licences and not identification cards. Representative Borodkin stated that the Real ID Act is an invasion of privacy. Senator Spence asked for information about the current requirements and documents for obtaining an identification card. Mr. Sundeen stated that the role of the states may include: estimating costs; finding funding to implement the provisions; and submitting input on the rule making process.

10:30 AM -- Bill A

Representative Pommer discussed the provisions of Bill A, concerning private toll roads and toll highways and specifying requirements that must be met before a corporation can construct a private toll road or toll highway (Attachment A). He noted that there are two bill drafts for Bill A. The second version of the bill includes concerns of the Colorado Department of Transportation and is provided as Attachment B.


BILL:	Bill A
TIME:	10:34:31 AM
MOVED:	May R.
MOTION:	Moved to recommend Bill A to the Legislative Council (Attachment A). The motion passed on a 12 to 0 roll call vote.
SECONDED:	McFadyen
		VOTE
	Borodkin	Excused
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Excused
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Yes
	Welker	Excused
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 12 NO: 0 EXC: 6 ABS: 0 FINAL ACTION: PASS

10:36 AM -- Bill B

Senator Wiens discussed the provisions of Bill B, concerning a prohibition against the exercise of the power of eminent domain by a private corporation to condemn the private property of another person or entity for the purpose of acquiring rights-of-way for a private toll road or private toll highway (Attachment C). He stated that the revised version of Bill B does not include provisions for referring the measure to the voters (Attachment D).


BILL:	Bill B
TIME:	10:38:41 AM
MOVED:	Green
MOTION:	Moved to recommend Bill B to the Legislative Council (Attachment D). The motion passed on a 13 to 0 roll call vote.
SECONDED:	Cadman
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Excused
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Yes
	Welker	Excused
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 13 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

10:39 AM -- Bill C

John Hershey, Office of Legislative Legal Services and drafter of the bill, discussed the provision of Bill C, concerning the placement of on-premises advertising devices at comprehensive developments (Attachment E).


BILL:	Bill C
TIME:	10:43:06 AM
MOVED:	McFadyen
MOTION:	Moved to recommend Bill C to the Legislative Council (Attachment E). The motion passed on a 14 to 0 roll call vote.
SECONDED:	Hagedorn
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Yes
	Welker	Excused
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 14 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

10:44 AM -- Bill D

Representative Larson discussed the provisions of Bill D, concerning the designation of persistent drunk driver status on driver's licenses (Attachment F). Representative Larson answered questions from committee members. Representative Ragsdale stated that she did not feel this bill would stop drunk drivers from driving and expressed concern regarding discrimination. Representative Larson stated that the bill's goal is to identify persistent drunk drivers. Representative Larson stated that after the second violation of a drunk driving offense or upon a first time stop of a 0.2 BAC a driver is considered a persistent drunk driver.


BILL:	Bill D
TIME:	10:52:58 AM
MOVED:	Larson
MOTION:	Moved to recommend Bill F to the Legislative Council (Attachment F). The motion passed on a 12 to 3 roll call vote.
SECONDED:	Hagedorn
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	No
	Spence	No
	Welker	No
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 12 NO: 3 EXC: 3 ABS: 0 FINAL ACTION: PASS

10:54 AM -- Bill E

Representative Larson discussed the provisions of Bill E, concerning the appearance of a commercial vehicle's owner in a court hearing concerning a permit or documentation violation (Attachment G).

10:56 AM

Jerry Payne, Office of Legislative Legal Services and drafter of the bill, came to the table to answer questions regarding the bill.


BILL:	Bill E
TIME:	10:59:49 AM
MOVED:	McFadyen
MOTION:	Moved to recommend Bill E to the Legislative Council (Attachment G). The motion passed on a 14 to 0 roll call vote.
SECONDED:	Larson
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Excused
	Welker	Yes
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 14 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

11:00 AM -- Bill F

Representative Larson discussed the provisions of Bill F, concerning motor vehicles required to stop before the crossing at railroad tracks (Attachment H).


BILL:	Bill F
TIME:	11:01:32 AM
MOVED:	Green
MOTION:	Moved to recommend Bill F to the Legislative Council (Attachment H). The motion passed on a 14 to 0 roll call vote.
SECONDED:	Larson
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Excused
	Welker	Yes
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 14 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

11:02 AM -- Bill G

Jery Payne, Office of Legislative Legal Services and drafter of the bill, explained the provisions of Bill G, concerning the private sale of a motor vehicle that does not qualify for a certification of emissions control (Attachment I). Mr. Payne answered questions from committee members and stated that the provisions would not apply if neither the seller nor the purchaser lived in the emissions program areas.


BILL:	Bill G
TIME:	11:06:15 AM
MOVED:
MOTION:	Postpone Bill G indefinitely due to lack of motion.
SECONDED:
		VOTE
	Borodkin
	Cadman
	Green
	Hagedorn
	Hefley	Excused
	Isgar
	Knoedler	Excused
	Larson
	Lindstrom
	May R.
	McFadyen
	Ragsdale
	Spence
	Welker
	Wiens
	Williams	Excused
	Takis	Excused
	Pommer
Final YES: 0 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: FAIL

11:07 AM -- Bill H

Representative Larson discussed the provisions of Bill H, concerning the regulation of commercial motor vehicles that transport hazardous materials over the public highways (Attachment J). Mr. Payne answered questions from committee members and explained provisions.


BILL:	Bill H
TIME:	11:10:55 AM
MOVED:	Larson
MOTION:	Moved to recommend Bill H to the Legislative Council. The motion passed on a 14 to 0 roll call vote.
SECONDED:	Knoedler
		VOTE
	Borodkin	Yes
	Cadman	Yes
	Green	Yes
	Hagedorn	Yes
	Hefley	Excused
	Isgar	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	May R.	Yes
	McFadyen	Yes
	Ragsdale	Yes
	Spence	Excused
	Welker	Yes
	Wiens	Yes
	Williams	Excused
	Takis	Excused
	Pommer	Yes
Final YES: 14 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

11:11 AM

The committee was in recess.

11:28 AM

The committee discussed sponsorship of the bills.

Bill A - Requirements for Private Toll Roads - Primary House - Pommer; Primary Senate - Williams; Co-sponsors - Green, Borodkin, Wiens, McFadyen

Bill B - Prohibit Eminent Domain for Private Toll Roads - Primary House - Green; Primary Senate - Wiens; Co-sponsors - Borodkin, May

Bill C - Roadside Advertising Developments - Primary House - McFadyen; Primary Senate - Hagedorn; Co-Sponsors - May, Ragsdale, Pommer

Bill D - Driver License Persistent Drunk Driver - Primary House - Larson; Primary Senate - Hagedorn; Co-Sponsors - May, Green

Bill E - Commercial Vehicle Owners Documentation - Primary House - Ragsdale; Primary Senate - Isgar; Co-Sponsors - McFadyen, Pommer

Bill F - Passenger Vehicles Railroad Crossing - Primary House - Ragsdale; Primary Senate - May; Co-Sponsors - Green

Bill G - Private Motor Vehicle Sales Emission - DID NOT PASS

Bill H - Hazardous Materials Commercial Vehicles - Primary House: Pommer; Primary Senate - May; Co-Sponsors - Knoedler, Ragsdale, Green

11:35 AM

Representative Pommer reminded the committee that a memorandum, Issues and Outcomes of the TLRC, prepared by Legislative Council Staff was distributed (Attachment K).

11:38 AM

The committee adjourned.