House Committee on Transportation & Energy (04/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/23/2009	ATTENDANCE

Time:	12:07 PM to 07:19 PM	Baumgardner	*
		Fischer	X
Place:	SupCt	Frangas	X
		King S.	*
This Meeting was called to order by		Looper	X
	Representative McFadyen	McNulty	X
		Merrifield	X
This Report was prepared by		Primavera	X
	Kurt Morrison	Vaad	X
		Green	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1300 HB09-1134 HJR09-1024 SB09-228		Postponed Indefinitely Postponed Indefinitely Referred to the Committee of the Whole Amended, Referred to Appropriations

12:08 PM -- House Bill 09-1300

Representative Solano, prime sponsor of House Bill 09-1300, asked the committee to postpone the bill indefinitely. The bill would expand the powers of the Colorado Clean Energy Development Authority.


BILL:	HB09-1300
TIME:	12:09:15 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone House Bill 09-1300 indefinitely. The motion passed on a 10-1 roll call vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:10 PM -- House Bill 09-1134

Representative Kefalas, prime sponsor of House Bill 09-1134, asked the committee to postpone the bill indefinitely. The bill would establish the Colorado Railroad Authority and create a rail system that serves passengers in the I-25 and I-70 corridors.


BILL:	HB09-1134
TIME:	12:11:39 PM
MOVED:	Fischer
MOTION:	Move to lay the bill over until December 27, 2009. The bill passed on an 11-0 roll call vote.
SECONDED:	McNulty
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:13 PM -- House Joint Resolution 09-1024

Representative Sonnenberg, prime sponsor of House Joint Resolution 09-1024, discussed the merits of the resolution. The resolution addresses others states imposing additional tax collection burdens upon Colorado-based interstate motor carriers.

12:15 PM

Representative McFadyen asked for witnesses to testify regarding the resolution.

12:15 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the resolution.


BILL:	HB09-1354
TIME:	12:17:07 PM
MOVED:	McNulty
MOTION:	Moved to refer House Joint Resolution 09-1024 to the Committee of the Whole. The motion passed on an 11-0 roll call vote.
SECONDED:	Green
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:18 PM -- Senate Bill 09-228

Representatives Marostica and Court, co-prime sponsors of Senate Bill 09-228, discussed the merits of the bill. The bill would eliminate the limit on the growth of total General Fund appropriations. Representative Marostica provided copies of Amendment L.161 to the committee (Attachment A).

12:30 PM

Representative Marostica provided background information on the formation of the bill. He provided further information on Amendment L.161 and supporting handouts to the committee (Attachments B, C, and D).

12:41 PM

Representative Marostica discussed the bill's impact specific to transportation funding. He also responded to questions from committee members regarding transportation funding mechanisms in both the bill and existing law.

12:53 PM

Representative Vaad asked Representative Marostica to discuss the bill's impact upon bond funding for transportation projects.

01:00 PM

Representative Court discussed the role of the General Assembly in the annual budget process. Representative King asked Representatives Marostica and Court to discuss transportation funding that may be reduced as a consequence of the bill.

01:10 PM

Representative Marostica provided copies of the state General Fund revenue forecast to the committee members (Attachment E). Representative King asked if the bill offers guarantees that funds would not be used for other purposes.

01:19 PM

Representative Court responded to questions from Representative McNulty regarding the budget ratchet mechanisms.

01:22 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

01:22 PM -- Dr. John Straayer, representing himself, testified in support of the bill. Dr. Straayer discussed state funding needs and the role of the legislators in budget formulation. Dr. Straayer responded to questions from committee members.

01:33 PM

Representative Vaad asked Dr. Straayer to discuss capital construction funding.

01:35 PM -- Dr. Flo Raitano, representing the I-70 Coalition, testified in opposition to the bill. Dr. Raitano responded to questions from committee members.

01:44 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill. Mr. Gagliardi responded to questions from committee members.

01:48 PM -- Ms. Sandra Hagen Solin, representing the Northern Colorado Legislative Alliance, testified in opposition to the bill. Ms. Solin responded to questions from committee members. Representative Court provided a handout to committee members (Attachment F).

01:53 PM -- Mr. Larry Friedberg, State Architect, testified regarding the bill. Mr. Friedberg responded to questions from committee members.

02:01 PM -- Ms. Carol Hedges, representing the Colorado Fiscal Policy Institute, testified in support of the bill.

02:12 PM

Ms. Hedges responded to questions from Representative McNulty regarding transportation funding.

02:22 PM

The committee recessed.

04:33 PM

The committee returned to order.

04:33 PM -- Mr. Dan Chapman, representing the Colorado Association for the Advancement of Retired Persons, testified in support of the bill. Mr. Chapman responded to questions from committee members.

04:43 PM -- Mr. Wade Buchanan, representing the Bell Policy Center, testified in support of the bill. Mr. Buchanan responded to questions from committee members and provided a handout (Attachment G).

04:55 PM -- Mr. Chris Kennedy, representing himself, testified in support of the bill.

04:58 PM -- Ms. Christine Watson, representing the League of Women Voters of Colorado, testified in support of the bill.

05:02 PM -- Ms. Nina Lopez, representing the Colorado Children's Campaign, testified in support of the bill.

05:05 PM -- Ms. Kelly Shanahan, representing the Colorado Consumer Health Initiative, testified in support of the bill. Ms. Shanahan provided copies of her testimony to the committee (Attachment H).

05:09 PM -- Ms. Jane Urschel, representing the Colorado Association of School Boards, testified in support of the bill.

05:11 PM -- Mr. C.J. Garbo, representing himself, testified in support of the bill.

05:12 PM -- Mr. Jack Wiley, representing the Associated Students of Colorado, testified in support of the bill.

05:14 PM -- Mr. Jim Hoffmeister, representing the Interfaith Alliance, testified in support of the bill. Mr. Hoffmeister provided a handout to the committee (Attachment I).

05:21 PM -- Commissioner Wayne Williams, representing El Paso County, testified in opposition to the bill.

05:32 PM

Commissioner Williams discussed current transportation spending trends and responded to questions from committee members. He further discussed transportation and capital construction funding needs.

05:45 PM -- Former Representative Brad Young, representing himself, testified in support of the bill. Representative Young discussed past budget-related bills considered by the General Assembly.

05:55 PM

Representative Young responded to questions from committee members.

05:59 PM -- Mr. Andrew Bateman, representing himself, testified in support of the bill.

06:00 PM -- Ms. Marijo Rymer, represening The ARC of Colorado, testified in support of the bill. Ms. Rymer responded to questions from committee members and provided a handout (Attachment J).

06:07 PM -- Ms. Christine Martell, representing herself, testified in support of the bill. Ms. Martell responded to questions from committee members.

06:11 PM -- Ms. Gail Klapper, representing the Colorado Forum, testified in support of the bill. Ms. Klapper responded to questions from committee members.

06:21 PM

Representative McFadyen asked for amendments to the bill.


BILL:	SB09-228
TIME:	06:26:56 PM
MOVED:	McNulty
MOTION:	Moved amendment L.174 (Attachment K). The motion failed on a 5-6 roll call vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-228
TIME:	06:32:42 PM
MOVED:	McNulty
MOTION:	Moved amendment L.173 (Attachment L). The motion failed on a 5-6 roll call vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-228
TIME:	06:35:53 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.169 (Attachment M) to amendment L.161. The motion failed on a 5-6 roll call vote.
SECONDED:	McNulty
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-228
TIME:	06:44:09 PM
MOVED:	King S.
MOTION:	Moved amendment L.175 (Attachment N) to amendment L.161. The motion failed on a 5-6 roll call vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-228
TIME:	06:50:00 PM
MOVED:	Green
MOTION:	Moved amendment L.161 (Attachment A). The motion passed on a 6-5 roll call vote.
SECONDED:	Primavera
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-228
TIME:	07:13:00 PM
MOVED:	Green
MOTION:	Moved to refer Senate Bill 09-228, as amended, to the Committee on Appropriations. The motion passed on a 6-5 roll call vote.
SECONDED:	Primavera
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:19 PM

The committee adjourned.