H_TRA_2016A 02/25/2016 10:21:00 AM Committee Summary

10:23 AM -- SB 16-008



Representative Vigil, prime sponsor, came to the table to present Senate Bill 16-008. Under current law, an operator of an off-highway vehicle (OHV) may cross a state highway at an at-grade crossing, except within the jurisdiction of a municipality. The reengrossed bill requires a municipality that wishes to regulate the crossing of a state highway by OHVs within its jurisdiction to submit a request in writing to the appropriate regional office of the Colorado Department of Transportation (CDOT) to approve the regulation. The CDOT may not unreasonably withhold its approval, and if the request is not answered within 60 days, it is considered approved.



10:24 AM -- Dianne Criswell, representing the Colorado Municipal League, testified in support of the bill.

10:26 AM -- Tom Acre, representing the Town of South Fork, testified in support of the bill. He responded to a question from the committee.

10:29 AM -- Eric Grossman, representing the City of Creede, testified in support of the bill.





10:31 AM



Representative Vigil responded to a question from the committee. Discussion ensued.

10:35 AM -- HB 16-1136



Representative Esgar, prime sponsor, came to the table to present House Bill 16-1136. The bill requires a common carrier engaged in the transportation of freight by railroad (i.e. the freight rail industry) to have at least two crew members aboard freight trains when in motion. A crew member is defined as an employee, and does not include a hostler service, utility employee, or contractor.



Violators are subject to an unclassified misdemeanor. If convicted, fines range from:



• $250 to $1000 for a first offense;

• $1,000 to $5,000 for a second offense committed within three years; or

• $5,000 to $10,000 for a third or subsequent offense committed within three years.



Representative Esgar distributed amendment L.002 (Attachment A), a Legislative Council Staff memorandum on the fiscal impact of amendment L.001 (Attachment B), and a letter of support for the bill from Conservation Colorado (Attachment C). She responded to questions from the committee.



160225 AttachA.pdf160225 AttachB.pdf160225 AttachC.pdf











10:44 AM -- Sara Cassidy, representing Union Pacific Railroad, testified in opposition to the bill. She responded to a question from the committee.

10:51 AM -- Cathy Norris and Milt Siegel, representing BNSF Railway, testified in opposition to the bill. They responded to questions from the committee.

11:00 AM -- Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill.

11:04 AM -- Steve Gregory, representing the San Luis & Rio Grande Railroad, testified in opposition to the bill. He responded to questions from the committee.

11:08 AM -- Nick Colglazier, representing the Colorado Competitive Council, testified in opposition to the bill.



11:10 AM -- Teresa Propeck, representing the Cimarron Valley Railroad, testified in opposition to the bill. She distributed two letters of opposition, from Elkhart Coop and the American Short Line and Regional Railroad Association (Attachments D and E). She responded to questions from the committee.



160225 AttachD.pdf160225 AttachE.pdf



11:17 AM -- James Wilmesher, representing the Brotherhood of Locomotive Engineers, testified in support of the bill. He responded to questions from the committee.



11:24 AM



Jennifer Berman, Office of Legislative Legal Services, came to the table for questions from the committee. Committee discussion ensued.



11:33 AM -- Jake Hamlin, representing the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART), testified in support of the bill. He responded to questions from the committee. Discussion ensued.



11:39 AM -- Jeff Cox, representing SMART, testified in support of the bill. He responded to questions from the committee.



11:44 AM -- Michael Seliquini, representing himself, testified in support of the bill.

11:49 AM -- Joe Halligan, representing the United Transportation Union, testified in support of the bill.

11:51 AM -- Paul Pearson, representing the Brotherhood of Locomotive Engineers, testified in support of the bill.



11:56 AM -- Kay Wilmesher, representing herself, testified in support of the bill.



12:00 PM -- Walt Page, representing SMART, testified in support of the bill. He responded to questions from the committee.



12:03 PM -- Carl Smith, representing SMART, testified in support of the bill. He responded to questions from the committee. Committee discussion with Mr. Smith ensued.



12:16 PM -- Jeffrey Maxfield, representing SMART, testified in support of the bill.











12:20 PM



Representative Esgar explained amendment L.002 to the committee. Witness testimony was re-opened by the chair.



12:23 PM -- Jane Banzin, representing herself, testified in support of the bill.



12:28 PM



Representative Nordberg requested a title ruling on amendment L.002. The chair ruled that the amendment fits under the bill's title.

12:31 PM



Representative Esgar made her closing comments on the bill.

12:36 PM



The meeting was adjourned.