Senate Committee on Transportation (03/31/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:	03/31/2009	ATTENDANCE

Time:	01:40 PM to 04:13 PM	Kopp	X
		Renfroe	X
Place:	SCR 352	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:
HB09-1026 HB09-1230 HB09-1244		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to Appropriations

01:40 PM

Senator Gibbs, Chair, called the meeting to order.

01:40 PM -- House Bill 09-1026

Senator Williams, prime sponsor, presented House Bill 09-1026, concerning the application of vehicle laws to low-power vehicles that operate with less than four wheels in contact with the ground, and in connection therewith, defining "low-power scooter" and "electric personal assistive mobility device." She commented on the top speed of scooters and helmet requirements for scooters. She said that House Bill 09-1026 will remove outmoded language and require proof of liability insurance for scooter operators starting in 2010. She added that the bill will limit the speed of scooters to a maximum of 40 miles per hour and she commented on the definition of "scooter" in House Bill 09-1026. She noted that one goal of the bill is to bring uniformity to Colorado law relating to the regulation of low-powered motor vehicles.

The following persons testified in regard to House Bill 09-1026:

01:48 PM -- Gerald Abboud, representing the Powersports Dealers Association of Colorado, supported House Bill 09-1026, and commented on definitions of various powersports vehicles, including those powered by motors with less than 49 cubic centimeters displacement. Senator Kopp expressed concern that House Bill 09-1026 will make it more onerous to operate a scooter in Colorado, and that use of the vehicles should be encouraged in light of potential gas price spikes. Mr. Abboud noted that a person must have a driver's license to operate a scooter.

01:57 PM -- Larry Reynolds, representing Colorado Adventure Segway Tours, commented on his business and the participation of tourists in Segway tours. He commented on restrictions he places on persons participating in his tours. He noted that many of his customers have mobility issues and said that these machines are of great value to such persons. He said that the Denver Police ask him to keep his customers on sidewalks. He said that it is his practice to pull over his tour groups to let bicycles pass. He noted that the Westminster Police have requested that he keep his tour groups on sidewalks and said that he is seeking a special use permit to operate in Broomfield. He expressed concern that provisions of House Bill 09-1026 relating to local control may negatively impact his business. He said that it is his preference that tour companies such as his be exempted from the provisions of the bill. He noted that he has booked many family reunions for tours and commented on the participation of retirement communities in his tours.

02:14 PM -- Jery Payne, representing the Office of Legislative Legal Services, pointed out language in House Bill 09-1026 relating to Segway vehicles. He said that local governments must authorize the operation of such vehicles on sidewalks under the bill.

02:16 PM -- Dan Grunig, representing Bicycle Colorado, supported House Bill 09-1026, and commented on the potential use of Segways on bicycle paths.

02:19 PM -- Terry Campbell, representing the Colorado State Patrol, supported House Bill 09-1026, and said that the bill will clarify definitions of slower moving vehicles in the state.


BILL:	HB09-1026
TIME:	02:21:50 PM
MOVED:	Williams
MOTION:	Moved a prepared amendment to House Bill 09-1026 (Attachment A), L.012. 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:	HB09-1026
TIME:	02:24:38 PM
MOVED:	Williams
MOTION:	Moved that House Bill 09-1026 be referred to the Committee on Appropriations, as amended. The motion passed on a 5-2-0 roll call vote.
SECONDED:
		VOTE
	Kopp	No
	Renfroe	No
	Romer	Yes
	Spence	Yes
	Veiga	Yes
	Williams	Yes
	Gibbs	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:25 PM -- House Bill 09-1230

Senator Tapia, prime sponsor, presented House Bill 09-1230, concerning the registration of motor vehicles. He said that House Bill 09-1230 addresses situations in which persons purchasing a vehicle provide a false address in an attempt to escape taxation. He noted that House Bill 09-1230 will hold automobile dealers harmless if a person purchasing a vehicle provides a false address.

The following persons testified in regard to House Bill 09-1230:

02:31 PM -- Matthew Tynan, representing Tynan's Volkswagen, and the Colorado Automobile Retailers Association, supported House Bill 09-1230 and addressed the failure of purchasers of automobiles to provide accurate registration information. He said that Colorado's population is transient, and that this transience affects the registration of motor vehicles in the state. He said that dealers should not bear the responsibility for the failure of purchasers to provide accurate information.

02:37 PM -- Doug Dean, Director, Colorado Public Utilities Commission (PUC), supported House Bill 09-1230, and commented on the PUC's authority to fine taxi operations that ignore vehicle registration requirements. He said that House Bill 09-1230 will give the state the right to revoke the vehicle registrations of scofflaws.


BILL:	HB09-1230
TIME:	02:42:02 PM
MOVED:	Veiga
MOTION:	Moved a prepared amendment to House Bill 09-1230, (Attachment B), L.009. 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:	HB09-1230
TIME:	02:43:53 PM
MOVED:	Veiga
MOTION:	Moved a prepared amendment to House Bill 09-1230, (Attachment C), L.010. 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:	HB09-1230
TIME:	02:44:08 PM
MOVED:	Veiga
MOTION:	Moved that House Bill 09-1230 be referred to the Committee of the Whole, as amended. 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

02:47 PM -- House Bill 09-1244

Senator Kopp, prime sponsor, presented House Bill 09-1244, concerning the exemption of property carriers by motor vehicle from regulation by the Public Utilities Commission (PUC). He said that he is unsure of the safety benefit to be derived from having this regulatory function performed by the PUC. He commented on the role of the PUC, and on requirements for the PUC to ensure that motor carriers are properly insured.

The following persons testified in regard to House Bill 09-1244:

02:52 PM -- Doug Dean, Director, Colorado Public Utilities Commission, opposed House Bill 09-1244. He said that the PUC runs a database program relating to motor carrier insurance, and that the program is "not simply a checkoff." He commented on the enforcement responsibilities of the PUC. He said that House Bill 09-1244 is not a simple technical bill, and will eliminate the PUC database. He noted that 797 motor carriers registrations were revoked by the PUC last year due to a failure to carry insurance. He said that if House Bill 09-1244 is enacted there will be no way to verify that motor carriers are insured. He suggested that it is the proper role of state government to ensure that these vehicles are insured due to the potential damage that can result from accidents in which they are involved. He said that all of Colorado's neighboring states ensure the such vehicles are insured, and that fees will have to be increased across the industry if the bill is enacted. He said that it is the proper role of the states to regulate insurance and safety in the motor carrier industry. He said that companies that fail to carry insurance are subject to an $11,000 fine by the PUC.

03:18 PM -- Greg Fulton, representing the Colorado Motor Carriers Association, supported House Bill 09-1244, and commented on fees assessed on the trucking industry and on state regulation of the industry. He said that approximately 92,000 trucks are on the roads in Colorado at present, and that only a fraction, (7,600) are regulated by the PUC. He commented on safety procedures to which trucking companies are subject and said that he has not heard of concerns relating to the safety of trucking companies. He said that the PUC insurance verification program is unnecessary and that there is not a sufficient nexus between the services provided in the program and the fee levels assessed. He said that this regulation is no longer needed, and is "a vestige of the past."

03:38 PM -- R.J. Hicks, representing the Colorado Motor Carriers Association, supported House Bill 09-1244, and commented on the history of regulation of the trucking industry by the Ports of Entry Section in the Department of Regulatory Agencies.

03:48 PM -- Laura Gavito, representing Gavito Trucking, supported House Bill 09-1244, and said that trucking companies cannot realistically operate in the state without insurance coverage. She said that PUC fees were raised recently on Colorado motor carriers without notice. She commented on the difficulty and expense of keeping "PUC window stickers" in trucks when vehicles are sold or windows are broken. She said that House Bill 09-1244 does not address safety and that loads will not be put on a truck by a customer unless the customer sees proof of insurance. She said that there is no road-side enforcement by the PUC and that she has never heard of the PUC forcing a carrier to cease operations.

03:56 PM -- Galen Schaller, representing Concrete Express, supported House Bill 09-1244, and said that he runs an interstate carrier company. He said that PUC insurance regulation is not needed, and that elimination of this function will save costs.

03:58 PM -- Bobby Juchen, representing the Colorado State Patrol, and said that the State Patrol is neutral on the bill. He noted that the State Patrol does not proactively check the insurance status of motor carriers. However, he noted that there are other opportunities for state agencies to check the insurance coverage of the vehicles.

04:04 PM -- Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, supported House Bill 09-1244, and commented on trucking insurance requirements and on the regulation of hazardous materials carriers.

04:07 PM -- Terry Willert, representing the Colorado Public Utilities Commission, commented on statutes regulating hazardous materials transportation.

04:09 PM -- Mr. Dean, returned to the table and commented on fees assessed by the PUC.


BILL:	HB09-1244
TIME:	04:12:31 PM
MOVED:	Kopp
MOTION:	Moved that House Bill 09-1244 be referred to the Committee on Appropriations. 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

04:13 PM

The committee meeting adjourned.