Date: 02/03/2009

Final
BILL SUMMARY for HB09-1094

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
conceptual motion that the amendment only limit te
Move conceptual amendment to amendment Amendment L
Moved amendment L.001 (Attachment M). The motion
Moved amendment L.004 (Attachment J). The motion
Moved amendment L.005 (Attachment K). The motion
Moved amendment L.008 (Attachment L). The motion
Moved conceptual amendment to included "commercial
Moved to refer House Bill 09-1094, as amended, to
withdrawn		PASS
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
TIE



01:57 PM -- House Bill 09-1094

Representative Levy, prime sponsor of House Bill 09-1094, testified regarding the bill. The bill would restrict use of cellular phones while driving. Representative Levy provided copies of constituent e-mails to members of the committee (Attachments E, F, and G). She further provided relevant statistics pertaining to drivers that use cell phones and cited supporting and opposing arguments.

090203AttachE.pdf 090203AttachF.pdf 090203AttachG.pdf


02:07 PM

Representative McFadyen asked for witnesses to testify in opposition to the bill.


02:08 PM -- Mr. Clarence Miller, representing himself, testified in opposition to the bill.


02:09 PM

Representative McFadyen asked for witnesses to testify in support of the bill.


02:10 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol, testified in support of the bill. Mr. Juchem responded to questions from the committee members. Representative Looper asked for differences between hand-held and hands-free devices and statistics relevant to safety for both.

02:13 PM -- Mr. Mark Laitos, representing the Colorado Medical Society, testified in support of the bill. Mr. Laitos responded to questions from the committee members. Representative King asked for the difference between hand-held and hands-free devices, and the statistical likelihood of accidents. Mr. Laitos responded that the data shows little difference.


02:17 PM -- Ms. Cathy Rosset, representing herself, stated her support of the bill and offered no testimony.


02:18 PM -- Ms. Julie Hoerner, representing State Farm Insurance, testified in support of the bill. Representative McNulty asked if Ms. Horner had statistical data on risk for cell phone use while driving. Ms. Hoerner responded that data reveals that younger drivers exhibit higher risk. Representive McNulty asked if State Farm Insurance provides safety training for drivers. Ms. Hoerner provided a description of State Farm Insurance's training for younger drivers. Representative Frangas asked if there are correlations in other states that have enacted similar bills and reductions in insurance costs. Ms. Hoerner offered to provide actuarial information to the committee.


02:28 PM -- Ms. Shelley Forney, representing her daughter, Ms. Erica Forney, testified in support of the bill. Ms. Forney described an accident caused by a driver using a cell phone that resulted in the death of her daughter. Ms. Forney asked for the committee to approve the bill and responded to questions from the committee members. Representative Green and Representative Fischer thanked Ms. Forney for testifying in support of the bill. Representative Fischer displayed a photo of Erica Forney to the audience. Representative McFadyen thanked Ms. Forney for attending the hearing.


02:37 PM -- Ms. Suzanne McKinney, representing herself, testified in support of the bill. Ms. McKinney described an accident caused by a driver text-messaging on a cell phone which resulted in the loss of her leg. Ms. McKinney asked the committee members to support the bill. Representative Green thanked Ms. McKinney for testifying before the committee. Representative McFadyen discussed the relevance of the bill to employment.


02:45 PM -- Mr. Fred Keil, representing American Brotherhood Aimed Toward Education (ABATE) of Colorado, testified in support of the bill. Mr. Keil provided background information on ABATE of Colorado and the bill's impact on motorcyclists.


02:46 PM -- Mr. Jeff Emmel, representing Bike Fort Collins, testified in support of the bill. Mr. Emmel discussed military bans on cell phone use and discussed statistics related to driver safety and cell phone use.


02:55 PM -- Mr. Bruce Cooper, representing the Health District of Northern Larimer County, testified in support of the bill.


02:57 PM -- Ms. Joyce Masamitsu, representing Verizon Wireless, testified in support of the bill. Ms. Masamitsu provided copies of her testimony to the committee members (Attachment H). Representative Baumgardner asked Ms. Masamitsu regarding enforcement of the bill's requirements. Representative Looper asked if Verizon Wireless has enough hands-free devices to meet demand if the bill passes.

090203AttachH.pdf


03:04 PM -- Mr. Robert Wareham, representing the National Association of Amateur Radio, testified regarding the bill. Mr. Wareham discussed L.001 and its potential impact on amateur radio users.


03:13 PM -- Ms. Juanita Chacon, representing herself, testified in support of the bill. Ms. Chacon responded to questions from members of the committee.


03:20 PM -- Mr. Joe Wilcox, representing himself, testified in support of the bill. Mr. Wilcox provided copies of his testimony to members of the committee (Attachment I).

090203AttachI.pdf


03:21 PM -- Mr. Dan Grunig, representing Bicycle Colorado, testified in support of the bill.


03:23 PM -- Ms. Angie Green, representing Ms. Shelly Forney and Ms. Erica Forney, testified in support of the bill. Ms. Green took questions from the committee.


03:25 PM -- Mr. Eric Eisenbud, representing himself, testified in support of the bill. Mr. Eisenbud discussed enforcement issues related to the bill's requirements.


03:31 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association (CMCA), testified in support of the bill. Mr. Fulton stated that the CMCA is seeking an exemption for commercial vehicles. Mr. Fulton responded to questions from the committee members.


03:40 PM

Representative McFadyen closed witness testimony and opened the amendment phase.


03:40 PM

Representative Levy discussed Amendments L.004, L.005, and L.008 (Attachments J, K, and L).
BILL:HB09-1094
TIME: 03:41:25 PM
MOVED:McNulty
MOTION:Moved amendment L.004 (Attachment J). The motion passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090203AttachJ.pdf

BILL:HB09-1094
TIME: 03:42:14 PM
MOVED:McNulty
MOTION:Moved amendment L.005 (Attachment K). The motion passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090203AttachK.pdf
BILL:HB09-1094
TIME: 03:44:36 PM
MOVED:Fischer
MOTION:Move conceptual amendment to amendment Amendment L.008 to include "authorized service vehicles". The motion passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1094
TIME: 03:45:05 PM
MOVED:McNulty
MOTION:Moved amendment L.008 as amended (Attachment L). The motion passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090203AttachL.pdf
BILL:HB09-1094
TIME: 03:47:00 PM
MOVED:McNulty
MOTION:Moved amendment L.001 (Attachment M). The motion passed without objection.
SECONDED:McFadyen
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090203AttachM.pdf

3:56 PM -- The committee recessed.

3:57 PM -- The committee returned to order. Representative McNulty moved a conceptual amendment to exempt from the provisions of the bill commercial vehicles of a certain weight that do not transport persons. Representative Fischer moved to amend the conceptual amendment to restrict only text messaging for such vehicles
BILL:HB09-1094
TIME: 04:03:00 PM
MOVED:Fischer
MOTION:Move an amendment to the McNulty amendment to limit text messaging and not voice communication. The motion passed on a 10-1 roll call vote.
SECONDED:Frangas
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Yes
McNulty
Yes
Merrifield
Yes
Primavera
Yes
Vaad
Yes
Green
Yes
McFadyen
No
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB09-1094
TIME: 04:04:00 PM
MOVED:McNulty
MOTION:Move conceptual amendment to exempt from the provisions of the bill commercial vehicles driving 10,001 pounds or greater that carry goods and not persons. The conceptual amendment, as amended, passed without objection.
SECONDED:Green
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


4:06 PM -- Representative Levy provided closing statements and asked for an affirmative vote.
BILL:HB09-1094
TIME: 04:11:00 PM
MOVED:Fischer
MOTION:Moved to refer House Bill 09-1094, as amended, to the Committee on Apppropriations. The motion passed on a 9-2 roll call vote.
SECONDED:Green
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Yes
McNulty
No
Merrifield
Yes
Primavera
Yes
Vaad
No
Green
Yes
McFadyen
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


4:12 PM -- The committee recessed.