Senate Committee on Transportation (04/28/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:	04/28/2009	ATTENDANCE

Time:	03:14 PM to 06:05 PM	Kopp	X
		Renfroe	X
Place:	SCR 356	Romer	X
		Spence	X
This Meeting was called to order by		Veiga	X
	Senator Gibbs	Williams	X
		Gibbs	X
This Report was prepared by
	Geoff Johnson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Transportation Commission Confirmation SB09-296 HB09-1176 HB09-1246		Recommended Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

03:14 PM

Senator Gibbs, Chairman, called the meeting to order.

03:15 PM -- Transportation Commission Confirmation

Gilbert Ortiz, Pueblo, commented on his appointment to the Colorado Transportation Commission. A copy of the resume of Mr. Ortiz and of the Governor's letter appointing Mr. Ortiz to the Transportation Commission is attached (Attachment A).


BILL:	Transportation Commission Confirmation
TIME:	03:22:19 PM
MOVED:	Veiga
MOTION:	Moved that the confirmation of Gilbert Ortiz to the Colorado Transportation Commission be recommended to the full Senate. The motion passed on a 7-0-0 roll call vote.
SECONDED:
		VOTE
	Kopp	Yes
	Renfroe	Yes
	Romer	Yes
	Spence	Yes
	Veiga	Yes
	Williams	Yes
	Gibbs	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:22 PM -- Senate Bill 09-296

Senator Boyd, prime sponsor, presented Senate Bill 09-296, concerning the enforcement of offenses involving failure of certain persons in a vehicle to use an appropriate restraining device. She commented on the costs of traffic accidents to the state of Colorado, and fatalities resulting from such traffic accidents. She commented further regarding insurance costs resulting from traffic accidents, and said that driving an automobile "is a right not a privilege." She said that primary enforcement of Colorado's seat belt law will make Colorado safer for all drivers. Senator Boyd said that enactment of Senate Bill 09-296 will not result in racial profiling. She noted that Colorado's roads present some of the most challenging driving in the country and added that Colorado's seat belt law is the only "secondary enforcement" law in the Colorado Revised Statutes.

The following persons testified in regard to Senate Bill 09-296:

03:33 PM -- Wave Dreher, representing AAA Colorado, supported Senate Bill 09-296. She commented on the adoption of the primary seat belt law in other states, and said that primary enforcement will save lives in Colorado. She added that the public pays higher insurance premiums as a result of the failure of drivers to wear seat belts.

03:35 PM -- Dr. Kathryn Emery, representing Children's Hospital and Safe Kids Metro Denver, said that safety belts save lives and that when adults buckle up their children are statistically more likely to wear seat belts.

03:38 PM -- Herman Stockinger, representing the Colorado Department of Transportation, supported Senate Bill 09-296, and said that the department is expected to receive approximately $12 million if the bill is enacted. He said that any federal funds received will be used by the department for safety improvements to roadways. He noted that 28 other states have primary seat belt laws.

03:41 PM -- Scott Hernandez, representing the Colorado State Patrol, said that the bill represents the next major opportunity for state governments to reduce traffic fatalities in the nation. He said that the Colorado State Patrol takes the issue of racial profiling very seriously and has no tolerance for this bias on the part of its officers.

03:44 PM -- Bobby Juchem, representing the Colorado State Patrol, added that the Colorado Sheriffs and Chiefs of Police organizations also do not tolerate racial profiling.

03:48 PM -- Lloyd Pearson, Arvada, representing himself, commented on his medical problems, and said that these problems prevent him from wearing a seat belt while driving. He said that primary enforcement of the seat belt law will require that he go to court every time that he is pulled over for failure to wear a seat belt. He said that provisions allowing for the certification of persons who are unable to wear a seat belt in the bill are inadequate.

04:01 PM -- Fran Coleman, representing the Brain Injury Association of Colorado, and Craig Hospital, supported Senate Bill 9-296. She commented on brain injuries that result from traffic accidents and she distributed a letter to the committee (Attachment B).

04:02 PM -- Robert Bux, representing the Colorado Coroners Association, supported Senate Bill 09-296. He said that over 40 percent of persons killed in traffic accidents for whom he performs an autopsy were not wearing a seat belt.

04:05 PM -- Paul Cooke, representing the Colorado State Fire Chiefs Association, said that firefighters are the first responders to traffic accidents and he supported the bill.


BILL:	SB09-296
TIME:	04:06:04 PM
MOVED:	Williams
MOTION:	Moved a prepared amendment to Senate Bill 09-296, L.001 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Kopp
	Renfroe
	Romer
	Spence
	Veiga
	Williams
	Gibbs

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-296
TIME:	04:10:19 PM
MOVED:	Williams
MOTION:	Moved that Senate Bill 09-296 be referred to the Committee of the Whole, as amended. The motion passed on a 4-3-0 roll call vote.
SECONDED:
		VOTE
	Kopp	No
	Renfroe	No
	Romer	Yes
	Spence	No
	Veiga	Yes
	Williams	Yes
	Gibbs	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:13 PM -- House Bill 09-1176

Senator Williams, prime sponsor, presented House Bill 09-1176, concerning the driving privilege of minor drivers, and, in connection therewith, enacting the "Kayla Sealy Demars Driver's Safety Act." She described the provisions of the bill, and spoke specifically in regard to driver training requirements in the bill. She noted that current driver permit holders are "grandfathered" under current law.

The following persons testified in regard to House Bill 09-1176:

04:23 PM -- Wayne Tully, representing the National Driver Training Institute, supported House Bill 09-1176. He said that many changes have been made to minor driving laws in recent years and that Colorado's law in this area in very complex. He commented on problems he has identified with the current law and on the potential impact of the bill. He commented on his work with the Home School Association in regard to the development of the bill.

04:38 PM

Senator Williams said that House Bill 09-1176 will simplify Colorado law in this area.

04:39 PM -- Jery Payne, representing the Office of Legislative Legal Services, commented on amendments that were made to the bill in the House of Representatives.

04:54 PM -- Ronn Langford, representing Master Drive, said that the bill will simplify the law in this area and commented on the provisions of the bill. He said that the age of 16 is the most dangerous driving year for teenagers, and that correspondingly the preparation of 15 year-old youths for driving is critical.

04:58 PM -- Mark Stolberg, representing Master Drive, commented on the educational process for driver training. He noted that Colorado's requirements for driver training no longer apply when a teenager reaches 18 years of age. He said that too many kids are killed and injured in automobile accidents. Senator Williams noted that insurance rates for teenagers drop when driver training is completed.

05:05 PM -- Ken Hughes, representing the American Driving Academy, supported House Bill 09-1176, and commented on driver training requirements in Colorado law. He said that the cost of traffic accidents caused by 15 to 17 year-old drivers in the United States exceeds $40 billion annually.

05:15 PM -- Chuck LaMonaca, representing National Driver Training, said that he has been involved with driver training for 35 years and that driver training is a great benefit to teens.

05:18 PM -- Bobby Juchem, representing the Colorado State Patrol, said that the Patrol currently has a neutral position on House Bill 09-1176. He added that the Patrol supports driver instruction of teens. He commented on the "Alive-at-25" program.

05:21 PM -- Annmarie Jensen, Denver, representing herself, commented on the "Alive-at-25 program." She also commented on penalties in House Bill 09-1176 and on restrictions that can be imposed on young drivers. She said that the increase in the level of fines in House Bill 09-1176 is intended to "gain the attention of teen drivers."

05:37 PM

Senator Gibbs laid the bill over.

05:37 PM -- House Bill 09-1246

Senator Morse, presented House Bill 09-1246, concerning the evaluation of driving schools attended as a result of a court order resulting from a violation of a law regulating the operation of a motor vehicle. He said that House Bill 09-1246 will provide oversight of schools that provide driver education at the order of a court.

The following persons testified in regard to House Bill 09-1246:

05:39 PM -- Jackie Martin, representing the Colorado Safety Resource Center, commented on her previous work with the California Highway Patrol. She commented on the need to monitor driver training programs. She said that upon moving to Colorado in recent years she became aware that there is no oversight of such schools in Colorado.

05:44 PM -- Lawrence Gentilucci, representing Traffic Safety Consultants, supported House Bill 09-1246.

05:45 PM -- Michael Murray, representing Street Smart Driving School, opposed House Bill 09-1246, and commented on current regulations applicable to his industry. He noted that driving schools are currently certified by the Colorado Department of Revenue and must be approved for the provision of classroom instruction. He said that, as the operator of a driving school, he is bonded and finger-printed. He said that he is subject to a background check by the Colorado Bureau of Investigation and is visited annually by an inspector. He said that he believes that his business is adequately regulated at present, and that he has an "at-will" relationship with the courts who are his employer. He noted that seven driving schools are currently approved to serve the Denver County courts.

05:53 PM -- Mark Whitney, representing the National Corrective Training Institute, commented on the functions of his company, and on referrals that are made to his company by the courts. He commented on his efforts to ensure the high integrity of his business.

06:04 PM

Senator Gibbs laid the bill over.

06:04 PM

The committee meeting adjourned.