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H_TRA_2016A 01/27/2016 01:33:10 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date: 01/27/2016
ATTENDANCE
Time: 01:33 PM to 03:52 PM
Becker J.
X
Buck
X
Place: HCR 0112
Carver
X
Coram
X
This Meeting was called to order by
Esgar
X
Representative Tyler
Kraft-Tharp
X
Melton
X
This Report was prepared by
Moreno
X
Matt Kiszka
Neville P.
X
Nordberg
X
Winter
X
Mitsch Bush
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1039

HB16-1008

HB16-1009
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Amended, Referred to Appropriations



01:31 PM



Representative Tyler, chair, called the committee to order. A quorum was present.



01:32 PM -- HB 16-1039



Representative Mitsch Bush and Representative Rankin, co-prime sponsors, came to the table to present House Bill 16-1039. A fact sheet (Attachment A) and a packet of letters of support (Attachment B) for the bill were distributed. The bill, recommended by the Transportation Legislation Review Committee, requires motor vehicles driving on Interstate 70 between milepost 133 (Dotsero) and milepost 259 (Morrison), when icy or snow-packed conditions are present, to be equipped with:



160127 AttachA.pdf160127 AttachA.pdf160127 AttachB.pdf160127 AttachB.pdf



• tire chains or an equivalent traction control device (i.e. cable chains);

• four-wheel drive or all-wheel drive, and tires with a tread depth of one-eighth of an inch; or

• tires with any form of the mountain-snowflake symbol or "mud and snow" lettering (i.e., M/S and M+S) on the side wall of the tire and a tread depth of one-eighth of an inch.













Under the bill, “equipped” means that a motor vehicle uses or carries the appropriate traction equipment if icy or snow-packed conditions are not present, and that a motor vehicle uses the appropriate traction equipment if icy or snow-packed conditions are present.



A noncommercial violator of these requirements commits a class B traffic infraction and is subject to a $100 fine and a $32 surcharge. If a violation results in the closure of at least one lane of traffic, the violator is subject to an enhanced penalty of $500 and a $156 surcharge.



01:39 PM --
David Hall, representing the Colorado State Patrol, and Andy Karsian, representing the Colorado Department of Transportation (CDOT), testified in support of the bill.



01:47 PM --
Commissioners Dan Gibbs and Jill Ryan, representing the I-70 Coalition, testified in support of the bill.



01:53 PM --
Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, and Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill.



01:58 PM --
Jennifer Jones, representing the Denver Metro Chamber of Commerce, testified in support of the bill.



02:01 PM --
Brendan McGuire, representing Vail Resorts, testified in support of the bill.

02:02 PM --
Patrick Byrne, representing Colorado Ski Country USA, testified in support of the bill.



02:03 PM --
Nick Colglazier, representing the Colorado Competitive Council, testified in support of the bill.



02:04 PM --
Jeff Andrews, representing the Colorado Hotel & Lodging Association, testified in support of the bill.



02:05 PM --
Dwight Henninger, representing the Vail Police Department, testified in support of the bill.



02:08 PM --
Chris Montera, representing the Eagle County Ambulance District, testified in support of the bill.







02:10 PM



Representative Mitsch Bush noted the letters of support received from various entities throughout the I-70 corridor. Amendment L.004 was distributed to the committee (Attachment C), which adds a statement to the bill's legislative declaration that it is not the intent nor effect of the bill to create tire checkpoints.

BILL: HB16-1039
TIME: 02:13:52 PM
MOVED: Mitsch Bush
MOTION: Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED: Melton
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



160127 AttachC.pdf160127 AttachC.pdf





02:14 PM



Amendment L.003 was distributed to the committee (Attachment D), which requires vehicles to be adequately equipped with traction control from October 1 to May 15 of each year.



160127 AttachD.pdf160127 AttachD.pdf

BILL: HB16-1039
TIME: 02:15:04 PM
MOVED: Mitsch Bush
MOTION: Adopt amendment L.003 (Attachment D). The motion passed on a vote of 12-1.
SECONDED: Melton
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:16 PM



The bill sponsors made their closing comments on the bill. Committee discussion on the merits of the bill ensued.

BILL: HB16-1039
TIME: 02:22:07 PM
MOVED: Mitsch Bush
MOTION: Refer House Bill 16-1039, as amended, to the Committee of the Whole. The motion passed on a vote of 9-4.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:22 PM -- HB 16-1008



Representatives Winter and Becker, co-prime sponsors, came to the table to present House Bill 16-1008 to the committee. Under the bill, the Colorado Department of Transportation (CDOT) may open up an area of a roadway that is not a traffic lane (i.e. the shoulder) for use by certain commercial vehicles (i.e. public buses).



To permit the use of a designated area, CDOT must:



• consult with the Colorado State Patrol in the Department of Public Safety (DPS);

• establish conditions of use for the area; and

• enter into a written agreement with authorized users.



02:26 PM



The bill sponsors responded to questions from the committee. Committee discussion ensued.



02:39 PM --
Dave Genova and Tom Tobiassen, representing the Regional Transportation District (RTD), testified in support of the bill. Mr. Genova responded to questions from the committee.



02:47 PM --
Andy Karsian, representing CDOT, testified in support of the bill. He responded to questions from the committee, and committee discussion ensued.







03:07 PM --
Herb Atchison, representing the City of Westminster, US 36 Mayors and Counties Coalition, and the Denver Regional Council of Governments, testified in support of the bill. A copy of the official City of Westminster position on the bill was distributed to the committee (Attachment E).



160127 AttachE.pdf160127 AttachE.pdf



03:12 PM -- Jennifer Jones, representing the Denver Metro Chamber of Commerce, testified in support of the bill.



03:14 PM --
Anne Rajewski, representing the Colorado Association of Transit Agencies, testified in support of the bill.



03:16 PM



Amendment L.001 (Attachment F) was distributed to the committee. Representative Winter explained that it gives sole discretion on whether or not to drive in a designated area based on the driver's assessment of the safety of doing so.



160127 AttachF.pdf160127 AttachF.pdf

BILL: HB16-1008
TIME: 03:17:12 PM
MOVED: Winter
MOTION: Adopt amendment L.001 (Attachment F). The motion passed on a vote of 12-1.
SECONDED: Becker J.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS













03:18 PM



The bill sponsors made their final comments and committee discussion ensued.

BILL: HB16-1008
TIME: 03:22:51 PM
MOVED: Winter
MOTION: Refer House Bill 16-1008, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED: Becker J.
VOTE
Becker J.
Yes
Buck
Yes
Carver
No
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:23 PM -- HB 16-1009



Representative Buck came to the table to present House Bill 16-1009, which adds peace officers slain in the line of duty to the statute for distinctive special license plates. It allows the current Fallen Heroes group special license plate to be issued as a distinctive special license plate when issued to a local government. A local government that chooses a Fallen Heroes license plate must pay material fees and the required donation to the Colorado Chapter of the Concerns of Police Survivors, but is not required to pay the one-time special license plate fee of $50, nor the specific ownership tax or registration fees from which local governments are already exempt. It also repeals the retirement date of the Fallen Heroes license plate, which was set to expire July 1, 2017, if the plate failed to be registered for 3,000 vehicles.



Representative Buck responded to questions from the committee. Jery Payne, Office of Legislative Legal Services, and Tony Anderson, Department of Revenue, came to the table to respond to questions on the bill.



03:38 PM --
Heather Tharp, representing herself, testified in support of the bill. A printout of a Fallen Heroes group special license plate was provided to the committee (Attachment G).



160127 AttachG.pdf160127 AttachG.pdf











03:45 PM --
Steve Reams, representing the Weld County Sheriff's Department, testified in support of the bill. He responded to questions from the committee.

BILL: HB16-1009
TIME: 03:48:34 PM
MOVED: Kraft-Tharp
MOTION: Motion to adopt a conceptual amendment to have Fallen Heroes plates that are used by a government organization include a government designation on the plate. The motion passed on a vote of 7-6.
SECONDED: Melton
VOTE
Becker J.
No
Buck
Yes
Carver
No
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
No
Neville P.
Yes
Nordberg
No
Winter
Yes
Mitsch Bush
No
Tyler
No
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:50 PM




Representative Buck made her closing comments on the bill.

BILL: HB16-1009
TIME: 03:51:05 PM
MOVED: Buck
MOTION: Refer House Bill 16-1009, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED: Becker J.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:51 PM



The committee was adjourned.


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