Date: 02/11/2009

Final
BILL SUMMARY for SB09-146

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved a prepared amendment to Senate Bill 09-146 (
Moved a prepared amendment to Senate Bill 09-146 (
Moved that Senate Bill 09-146 be postponed indefin
Moved that Senate Bill 09-146 be referred to the C		FAIL
Pass Without Objection
PASS
FAIL


03:57 PM -- Senate Bill 09-146

Senator Schultheis, prime sponsor, presented Senate Bill 09-146, concerning the enforcement of the traffic laws to prevent unlicensed drivers from operating motor vehicles upon the highways. He estimated that as many as 100,000 drivers are operating motor vehicles in Colorado without a valid driver's license. He commented on a recent accident in which a woman was killed who was driving without a license. He commented on similar laws that are in place in the states of Arizona and California.

The following persons testified in regard to Senate Bill 09-146:

04:11 PM -- Cathy Hazouri, representing the American Civil Liberties Union (ACLU), said that the ACLU opposes Senate Bill 09-146 because it makes driving without a license a primary offense in the state and that this will lead to racial and ethnic profiling. She said that Senate Bill 09-146 will deprive persons of property without compensation and that this will lead to litigation. She said that she was forced to drive without a license for three months in 2008 due to the loss of her driver's license. Senator Schultheis said that he does not believe that Senate Bill 09-146 makes it a primary offense to drive without a license. He said that it is not his intent that this crime be a primary offense.

04:19 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, opposed Senate Bill 09-146 due to potential problems it will cause for victims of domestic violence, and in particular undocumented victims. She opposed sections 2 and 3 of Senate Bill 09-146.

04:21 PM -- Maria Moll, representing the Colorado Association of Chiefs of Police, said that Senate Bill 09-146 includes unfunded mandates. She said that the costs of towing a vehicle are rarely covered by fees that are assessed. She commented on the potential for jail crowding under Senate Bill 09-146, and the administrative burden that the bill could drive.

04:29 PM -- Sabrina Karim, representing Rights for All People, said that her organization works with immigrants, and opposed Senate Bill 09-146. She said that this issue should be addressed at the federal level. Senator Schultheis pointed out that Senate Bill 09-146 addresses persons driving without a license and not any particular ethnic group. She said that this is a safety issue that should be addressed by the state. She spoke of situations in which racial profiling has occurred.

04:37 PM -- Thomas Ogas, representing LARASA, opposed Senate Bill 09-146, and said that the bill includes a racial profiling component. He said that it would be a "black eye on Colorado" to enact these requirements. He commented on fees that are assessed against persons whose vehicles are towed.

04:45 PM -- John Brick, representing the Colorado Alliance for Immigration Reform, said that he worked on the petition drive to put this issue on the municipal ballot in Denver. He said that Senate Bill 09-146 does not address any particular ethnic group. He supported the bill.

04:49 PM -- Stan Weeks, representing the Colorado Association for Immigration Reform, said that driving without a license is a safety issue and that he suspects that drivers without a driver's license also lack insurance. He commented on drivers in the state who are operating under restraint and who have no license. He said that the City of Denver is able to operate their impoundment program at a profit. He said that the ordinance language was drafted to allow flexibility in the assessment of impoundment fees based on the characteristics of the vehicle.

05:00 PM -- Paul Lopez, representing Denver City Council District 3, opposed Senate Bill 09-146. He commented on the composition of his council district. He said that Senate Bill 09-146 "is bad policy" and is similar to Proposition 100 that was adopted by the voters of the City of Denver. He said that Senate Bill 09-146 will remove discretion from police officers and result in much time spent waiting for tow trucks.

05:07 PM -- Cheyenne Hughes, representing the Colorado Progressive Coalition, opposed Senate Bill 09-146. He said that the main issue that should be addressed in this regard is the question of how drivers can obtain a driver's license and insurance in Colorado.

05:11 PM -- Art Way, representing the Colorado Progressive Coalition, said that he believes that Senate Bill 09-146 will result in racial profiling. He said that the bill could result in abuse of discretion and excessive costs to jurisdictions throughout the state.
BILL:SB09-146
TIME: 05:22:07 PM
MOVED:Schultheis
MOTION:Moved a prepared amendment to Senate Bill 09-146 (Attachment C), L.001. The motion passed without objection.
SECONDED:
VOTE
Boyd
Cadman
Schultheis
Bacon
Williams
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB09-146
TIME: 05:22:23 PM
MOVED:Schultheis
MOTION:Moved a prepared amendment to Senate Bill 09-146 (Attachment D), L.002. The motion failed on a 2-3-0 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Yes
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-146
TIME: 05:26:56 PM
MOVED:Schultheis
MOTION:Moved that Senate Bill 09-146 be referred to the Committee on Appropriations, as amended. The motion failed on a 2-3-0 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Yes
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-146
TIME: 05:30:20 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-146 be postponed indefinitely and that the previous roll call be reversed. The motion passed without objection and the roll call was reversed.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS