Date: 01/15/2009

Final
BILL SUMMARY for HB09-1042

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Moved a conceptual amendment, page 2, line 10, str
Moved to refer House Bill 09-1042, as amended, to
Pass Without Objection
PASS
TIE


09:35 AM -- House Bill 09-1042

Representative Merrifield, prime sponsor, testified regarding House Bill 09-0107. Representative Merrifield explained that the bill would amend current law to state that five vehicles or more may not be impeded by a slow-moving driver. The legislation would require slow-moving vehicles to move off or to the side of the road at the first available and safe location when impeding other traffic. Agricultural vehicles would be exempt from the requirements of the bill. Of the 50 states, 38 states have statutes regarding impeding slow-drivers. Twelve states have statutes requiring drivers to pull over if impeding a designated number of vehicles. Representative McFadyen asked clarifying questions regarding enforcement and other states' practices. Representative Green expressed support for the bill due to safe driving concerns. Representative Green also asked clarifying questions on what the bill would require slow-moving drivers to do should five drivers be impeded. Representative Primavera asked questions on minimum speed limits and specificity of the bill. Represenative Baumgardner asked about the bill's applicability to freight trucks, and expressed concerns regarding a truck driver's abilities to see automobiles in rear view mirrors.

09:48 AM -- Mr. Jery Payne, Office of Legislative Legal Services, responded to Representative's Green question regarding current requirements for slow-moving vehicles obstructing other vehicles. Mr. Payne also responded to clarifying questions expressed by Representative Primavera.

09:52 AM -- Representative McFadyen asked for witness testimony

09:52 AM --
Mr. Bobby Juchem, representing the Colorado State Patrol (CSP), responded to questions from committee members. Mr. Juchem stated that when state troopers pull over automobiles, consideration is given to a vehicle's capabilities. Mr. Juchem also responded to questions pertaining to enforcement by both law enforcement and in the judicial system. Representative Merrifield expressed that the bill helps clarify for the CSP when a slow-moving vehicle may be pulled over. Mr. Juchem also responded to questions as to whether the bill would make a state trooper's job more complicated, stating that the bill would still provide for officer discretion.

10:07 AM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado (CSC), testified in support of the bill.

10:08 AM -- Mr. R.J. Hicks, representing the Colorado Motor Carriers Association (CMCA), testified in support of the bill. Mr. Hicks also provided comments on the bill and potential amendments. Mr. Hicks further expressed that the legislation would provide law enforcement officers more guidance and the bill's flexibility is appropriate for law enforcement officers and drivers.
BILL:HB09-1042
TIME: 10:14:49 AM
MOVED:Looper
MOTION:Moved a conceptual amendment, page 2, line 10, strike "or" and substitute "and". The motion passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Excused
Merrifield
Primavera
Vaad
Excused
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


10:18 AM
BILL:HB09-1042
TIME: 10:19:15 AM
MOVED:Merrifield
MOTION:Moved to refer House Bill 09-1042, as amended, to the Committee of the Whole. The motion passed on a 8-2 roll call vote.
SECONDED:Green
VOTE
Baumgardner
No
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Yes
McNulty
No
Merrifield
Yes
Primavera
Yes
Vaad
Excused
Green
Yes
McFadyen
Yes
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


10:20 AM --
Representative McFadyen discussed agenda items for the January 20, 2009, Joint Transportation Committee hearing.