Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:01/29/2009
ATTENDANCE
Time:09:46 AM to 11:54 AM
Baumgardner
X
Fischer
X
Place:HCR 0107
Frangas
X
King S.
X
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
E*
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1026
HB09-1156
HB09-1066
Amended, Referred to Appropriations
Postponed Indefinitely
Amended, Referred to the Committee of the Whole

09:48 AM -- House Bill 09-1026

Representative Green called the meeting to order.

Representative Marostica, prime sponsor of House Bill 09-1026, discussed the merits of the bill. Representative Marostica provided handouts to the committee members (Attachments A, B, and C). The legislation would update statutes pertaining to low-power scooters, motorcycles, and segway scooters. The legislation would also place new insurance requirements for low-power scooters. Representative Marostica discussed the fiscal impact of the bill and specific sections of the legislation.

090129AttachA.pdf 090129AttachB.pdf 090129AttachC.pdf


10:01 AM

Representative Marostica responded to questions from members of the committee. Representative Looper asked for clarification of bill's intent. Representative Marostica stated that redefinition of existing statutes is important for law enforcement purposes. He further stated that the bill would improve upon antiquated statutes not appropriate for modern technologies.

10:04 AM

Representative Primavera asked what helmet requirements the bill would require. Representative Marostica responded that witnesses representing the powersports industry would be more suited to respond to this question.



10:08 AM
Representative Marostica discussed L.001 (Attachment D). Representative Primavera asked clarifying questions on the amendment and whether the definitions included are for new devices. Representative Looper asked a question on whether power-scooters used by senior citizens will be impacted by the legislation.

090129AttachD.pdf

10:11 AM

Representative Marostica discussed Amendment L.003 (Attachment E). Representative Frangas made a procedural point about the order of amendments considered and settled questions.

090129AttachE.pdf

10:16 AM

Representative Green asked for witnesses to testify regarding the bill.

10:16 AM --
Mr. Jerry Abboud, representing the Powersports Dealers Association of Colorado (PDAC), testified in support of the bill. Mr. Abboud responded to Representative Primavera's question on helmet requirements. Representative Looper asked if restrictions exist regarding operating such vehicles on interstate highways. Mr. Abboud responded that a representative of the Colorado State Patrol will testify and could respond to this question. Representative Fischer asked if scooter vendors educate customers on pertinent traffic and safety laws. Mr. Abboud responded that speeding awareness is a problem and discussed related sections of the bill. Representative Baumgardner asked if power-scooters and similar vehicles have the capability to exceed speed limits.
10:32 AM --
Representative Frangas asked Mr. Abboud to discuss consumer protections for such vehicles. Representative Looper stated her concerns that consumers may not be aware of driver license requirements. Mr. Abboud responded that powersports dealers must act reputably and responsibly, and that required manuals and materials contain necessary safety and legal information.

10:34 AM --
Mr. Terry Campbell, representing the Colorado State Patrol, testified in support of the bill. Mr. Campbell responded to Representative Looper's question, stating that the bill provides information on appropriate locations for vehicle operation. Mr. Campbell also provided information on operational limitations on low-power scooters and similar vehicles.

10:39 AM --
Mr. Matt DaLida, representing Segway, Inc., testified in support of the bill. Mr. DaLida discussed the history of segway scooters, and proactive industry efforts to work with various governments on regulations. Representative Primavera asked for clarification pertaining to use of sidewalks by segway scooters. Mr. DaLida stated that local governments would be permitted to authorize community-specific segway laws, such as sidewalk restrictions.

10:47 AM -- Representative McFadyen asked for other witnesses testifying on behalf of Segway, Inc. Mr. James Wolcott and Mr. Thomas Jardee, both representing Segway, Inc., stated their support for the bill without offering testimony.






10:48 AM --
Ms. Diana Greenberg, representing Rocky Mountain Segway, testified in support of the bill.

10:51 AM --
Mr. Donovan Facy, representing the Extreme Performance Center, testified in support of the bill. Mr. Facy discussed current industry trends and provided information on segway scooters. Representative Frangas asked Mr. Facy if the bill could have unintended consequences for local business owners.

10:59 AM --
Mr. Dan Grunig, representing Bicycle Colorado, testified in support of the bill.

11:01 AM --
Ms. Linda Reynolds, representing Colorado Adventure Segway Tours, testified in support of the bill. Ms. Reynolds stated that her company's segway tours currently use sidewalks. Mr. Reynolds further described her business and the efficiency of segway scooters as a transportation mode. She also stated the importance of such vehicles for individuals with medical conditions and disabilities that are unable to walk long distances. Representative Primavera asked clarifying questions about sidewalk use by segway scooters.

11:06 AM --
Ms. Sheryl Hutter, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Hutter expressed concerns that the bill's wording could limit mobility scooters for individuals with disabilities. Mr. Jery Payne, Office of Legislative Legal Services, responded to Ms. Hutter's question. Representative McFadyen asked Representative Marostica to work with Ms. Hutter on making appropriate changes to the bill.

11:09 AM

Representative McFadyen closed the witness phase.
BILL:HB09-1026
TIME: 11:20:00 AM
MOVED:Green
MOTION:Moved amendment L.004 (Attachment F) to L.001 (Attachment D). The motion passed on a 10-1 roll call vote.
SECONDED:Vaad
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Yes
McNulty
Yes
Merrifield
Yes
Primavera
No
Vaad
Yes
Green
Yes
McFadyen
Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

090129AttachF.pdf
BILL:HB09-1026
TIME: 11:10:45 AM
MOVED:Fischer
MOTION:Moved amendment L.001 (Attachment D) as amended. The motion passed without objection.
SECONDED:Merrifield
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
11:11 AM -- Representative Marostica explained L.004 and its intent. Representative Primavera asked clarifying questions. Discussions by the committee members ensued.
BILL:HB09-1026
TIME: 11:22:57 AM
MOVED:Merrifield
MOTION:Moved amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:McNulty
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







BILL:HB09-1026
TIME: 11:23:37 AM
MOVED:Primavera
MOTION:Moved amendment L.005 (Attachment G). 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: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090129AttachG.pdf
BILL:HB09-1026
TIME: 11:24:03 AM
MOVED:McNulty
MOTION:Moved to refer House Bill 09-1026, as amended, to the Committee on Appropriations. The motion passed on an 11-0 roll call vote.
SECONDED:Looper
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



11:27 AM -- House Bill 09-1156

Representative Bradford, prime sponsor of House Bill 09-1156, testified regarding the bill. Representative Bradford explained the intent of the legislation and described related concerns regarding the Public Utilities Commission decision to phase out the Cameo Generating Station in Mesa County. She further explained that Xcel Energy has worked with her on this issue and has agreed to explore alternatives to generate power from the Cameo Generating Station site. In response to these developments, Representative Bradford asked that the committee postpone the bill indefinitely.

11:31 AM

Representative McNulty discussed the importance of a functioning energy grid for his constituents and the state. Representative Merrifield commended Representative Bradford for her work on behalf of her constituents. Representative King stated his concerns pertaining to the closure of the Cameo Generating Station and subsequent challenges for specific regions of the state.
BILL:HB09-1156
TIME: 11:37:35 AM
MOVED:Vaad
MOTION:Moved to postpone House Bill 09-1156 indefinitely. The motion passed on a 10-0 roll call vote.
SECONDED:Fischer
VOTE
Baumgardner
Yes
Fischer
Yes
Frangas
Yes
King S.
Yes
Looper
Excused
McNulty
Yes
Merrifield
Yes
Primavera
Yes
Vaad
Yes
Green
Yes
McFadyen
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




11:39 AM -- House Bill 09-1066

Representative Vaad, prime sponsor of House Bill 09-1066, discussed the merits of the bill. The legislation would update existing aviation-related statutes. Representative Vaad responded to questions from the committee.

11:43 AM --
Mr. Travis Vallin, representing the Colorado Department of Transportation Aeronautics Division, testified in support of the bill. Mr. Vallin stated that the bill would update statutes that are approximately 20 years old. Mr. Vallin responded to questions from the committee members. Mr. Vallin also discussed L.001 (Attachment H) introduced by Representative Vaad.

11:47 AM --
Ms. Mary Buckley, representing Denver International Airport, testified in support of the bill.

11:48 AM --
Mr. Michael Reisman, representing the Colorado Airport Operators Association, testified in support of the bill. Mr. Reisman stated that passage of the bill would streamline current processes within the Aeronautics Division.
BILL:HB09-1066
TIME: 11:50:36 AM
MOVED:Vaad
MOTION:Moved amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:Baumgardner
VOTE
Baumgardner
Fischer
Frangas
King S.
Looper
McNulty
Merrifield
Primavera
Vaad
Green
McFadyen
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090129AttachH.pdf

BILL:HB09-1066
TIME: 11:52:08 AM
MOVED:Vaad
MOTION:Moved to refer House Bill 09-1066, as amended, 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

11:53 AM

The commitee adjourned.