Bill Summary for Bill Number SB09-108

Date: 02/17/2009

Final
BILL SUMMARY for SB09-108

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View-->	Action Taken:
Moved amendment L.065 (Attachment C). The motion Moved amendment L.066 (Attachment D). The motion Moved amendment L.067 (Attachment E). The motion Moved amendment L.069 (Attachment F). The motion Moved amendment L.070 (Attachment G). The motion Moved amendment L.073 (Attachment H). The motion Moved to refer Senate Bill 09-108, as amended, to	Pass Without Objection Pass Without Objection PASS Pass Without Objection Pass Without Objection PASS PASS

03:31 PM -- Senate Bill 09-108

Representative Rice, prime sponsor of House Bill 09-108, discussed the merits of the bill. The bill would establish new registration fees, fines, and surcharges to be credited to the Highway Users Tax Fund (HUTF). The bill would also establish new government-owned enterprises to support public-private-partnerships and transportation infrastructure projects. Representative Rice provided a handout and copies of Amendments L.065, L.066, L.067, L.069, and L.070 to the committee (Attachments B, C, D, E, F, and G). Representative Rice responded to questions from committee members.

03:40 PM

Representative McNulty discussed challenges with transportation funding in recent years. Representative McNulty also expressed concerns regarding development of the bill. Representative Vaad discussed transportation financing mechanisms.

03:51 PM

Representative Rice responded to statements and further questions posed by committee members.

03:58 PM

Representative Frangas asked questions regarding tolling and provided copies of Amendment L.073 to the committee members (Attachment H). Representative Rice responded to questions from committee members pertaining to new enterprises that would be established by the bill.

04:11 PM

Representative King asked about the bill's section on a proposed transportation enterprise board and its ability to impose user fees.

04:18 PM

Representative Vaad asked further questions on the bill's impact upon transportation planning.

04:25 PM

Representative Frangas asked questions on the bill's funding mechanisms and tolling. Representative Looper asked about job creation and bridge funding.

04:37 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

04:37 PM -- Mr. Joe Blake, representing the Denver Metro Chamber of Commerce, testified in support of the bill. Mr. Blake discussed current economic trends and asked for an affirmative vote by the committee. Mr. Blake responded to questions from committee members.

04:47 PM -- Mayor Bob Murphy and Mayor Ed Tauer, representing the Metro Mayor's Caucus, testified in support of the bill. Mayor Murphy and Mayor Tauer responded to questions from committee members.

05:00 PM

Representative Green discussed highway tolling and asked Mayor Murphy and Mayor Tauer to respond.

05:14 PM -- Ms. Nancy McNally, representing the Denver Regional Council of Governments and the City of Westminster, testified in support of the bill.

05:16 PM -- Mr. Philip Johnston and Mr. Ben Arelleo, representing Elam Construction, testified in support of the bill.

05:19 PM -- Mr. Don Clem, representing the Portland Cement Association, Mr. Tom Peterson, representing Colorado Asphalt Pavement, and Mr. Tony Milo, representing the Colorado Contractors Association, testified in support of the bill. Mr. Clem, Mr. Peterson, and Mr. Milo responded to questions from committee members.

05:36 PM -- Mr. Brent Lessing, representing the Hertz Corporation, testified in opposition to the bill. Mr. Lessing responded to questions from committee members. Mr. Robert Ingar, representing the Hertz Corporation, provided information on the bill's economic impact.

05:50 PM -- Mr. Duane Hayes, representing himself and other individuals unable to attend the committee meeting, testified in opposition to the bill. Mr. Hayes responded to questions from committee members.

05:59 PM -- Mr. George Metcalf, representing himself, testified in opposition to the bill. Mr. Metcalf stated concerns regarding loss of economic activity due to the bill's new fees. Mr. Metcalf responded to questions from committee members.

06:05 PM -- Ms. Jane Hylen, Mr. Pete Mottl, and Mr. Walker Sears, representing Enterprise Rent-a-Car, testified in opposition to the bill. Ms. Hylen, Mr. Mottl, and Mr. Sears responded to questions from the committee members.

06:17 PM -- Representative McFadyen recognized representatives from Alamo and National Car Rental present at the hearing. Mr. Bradley High and Mr. Lee Monsebroten, representing Alamo and National Car Rental, testified in opposition to the bill. Mr. High and Mr. Monsebroten responded to questions from committee members.

06:22 PM -- Representative McFadyen recognized representatives of the motor carrier industry present at the hearing. Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in opposition to the bill. Mr. Fulton expressed concerns pertaining to several of the bill's provisions.

06:34 PM -- Mr. Dan Coleman, representing D.G. Coleman Inc. and the Colorado Motor Carriers Association, testified in opposition to the bill.

06:36 PM -- Mr. Victor Domenico, representing Domenico Transportation Co. and the Colorado Motor Carriers Association, testified in opposition to the bill.

06:39 PM -- Mr. Michael Riley, representing Westco Express Inc. and the Colorado Motor Carriers Association, testified in opposition to the bill.

06:44 PM -- Mr. Dick Brennen, representing the Colorado Motor Carriers Association, testified in opposition to the bill.

06:48 PM -- Mr. Paul Zamora, representing the Colorado Motor Carriers Association, testified in opposition to the bill.

06:50 PM -- Mr. Gary White, representing Western Pacific Transport and the Colorado Motor Carriers Association, testified in opposition to the bill.

06:51 PM -- Mr. Carl Maxey, representing the Colorado Motor Carriers Association, testified in opposition to the bill.

07:01 PM -- Mr. Bruce Wagner, representing the Wagner Equipment Company, testified in support of the bill. Mr. Wagner discussed current funding needs for transportation infrastructure projects.

07:08 PM -- Mr. Michael Penny, representing the Colorado Municipal League, Town of Frisco, and the I-70 Coalition, and Mr. Harry Dale, representing Colorado Counties Inc. and the I-70 Coalition, testified in support of the bill. Mr. Penny and Mr. Dale described the impact of the bill on local governments. Mr. Penny and Mr. Dale responded to questions from committee members.

07:22 PM -- Mr. Bob Yuhnke, representing the Southwest Energy Efficiency Project, testified in support of the bill. Mr. Yuhnke responded to questions from committee members.

07:43 PM -- Ms. Stephanie Thomas, representing the Colorado Environmental Coalition, testified in support of the bill. Ms. Thomas discussed the environmental impact of tolling. Ms. Thomas responded to questions from committee members.

07:56 PM -- Mr. Mark Mehalko, representing Move Colorado, Dr. Florine Raitano, representing the I-70 Coalition, and Mr. Bill Elfenbein, representing the Governor's Blue Ribbon Panel on Transportation Finance and Implementation, testified in support of the bill.

08:09 PM -- Mr. Richard Somers, representing Old Autos/Special Events, testified regarding the bill. Mr. Somers responded to questions from committee members.

08:17 PM -- Mr. Keith Hall, representing the Old Car Council of Colorado, testified in support of the bill. Mr. Hall asked that the committee exempt cars that display Horseless Carriage license plates.

08:21 PM -- Ms. Elizabeth Stolfus and Mr. Mark Boggs, representing the American Council of Engineering Companies, testified in support of the bill. Ms. Stolfus provided a letter to the committee (Attachment I).

08:27 PM -- Ms. Carol Hedges, representing the Colorado Fiscal Policy Institute, testified in support of the bill. Ms. Hedges discussed the bill's economic impact.

08:32 PM -- Executive Director Russell George, representing the Colorado Department of Transportation, testified in support of the bill. Executive Director George responded to questions from the committee members. Representative Vaad and Representative Looper asked Executive Director George to clarify definitions within the bill. Executive Director George also provided information on the use of eminent domain for transportation projects, and provided information on transportation financing.

08:54 PM

Representative Baumgardner asked Executive Director George about the definition of highways in the bill and its funding implications. Representative McNulty asked further questions about definitions in statute that would be changed under the bill.

09:04 PM

Representative Vaad asked Executive Director George if any funds generated by the bill could be spent on non-transportation projects.

09:07 PM

Representative McFadyen closed the testimony phase and asked for amendments.


BILL:	SB09-108
TIME:	09:10:13 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.065 (Attachment C). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-108
TIME:	09:14:44 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.066 (Attachment D). 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:	SB09-108
TIME:	09:15:26 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.067 (Attachment E). The motion passed on a 6-5 roll call vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	Yes
	McFadyen	No

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-108
TIME:	09:22:17 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.069 (Attachment F). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-108
TIME:	09:22:58 PM
MOVED:	McFadyen
MOTION:	Moved amendment L.070 (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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-108
TIME:	09:24:02 PM
MOVED:	Frangas
MOTION:	Moved amendment L.073 (Attachment H). The motion passed on a 6-5 roll call vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-108
TIME:	09:40:00 PM
MOVED:	Green
MOTION:	Moved to refer Senate Bill 09-108, as amended, to the Committee on Appropriations. The motion passed on a 6-5 roll call vote.
SECONDED:	Fischer
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS