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H_TRA_2016A 03/16/2016 01:33:58 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date: 03/16/2016
ATTENDANCE
Time: 01:33 PM to 04:19 PM
Becker J.
*
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
Elizabeth Burger
Neville P.
*
Nordberg
X
Winter
X
Mitsch Bush
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1296

HB16-1298

HB16-1293
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to Appropriations



01:34 PM -- HB 16-1296



Representative Melton introduced House Bill 16-1296. The bill increases penalties on unlicensed motor vehicle dealers, manufacturers (with the same exceptions as in current law), distributors, wholesalers, manufacturer representatives, used motor vehicle dealers, buyer agents, wholesale motor vehicle auction dealers, and motor vehicle salespersons as follows:



for an individual, a fine of no less than $1,000 and 25 hours of public service, neither of which may be suspended by the court. A second conviction results in a fine ranging from no less than $5,000 to no more than $25,000, and 10 days in jail, neither of which may be suspended by the court; and

for a corporation, a fine ranging from no less than $5,000 to no more than $25,000.



Under current law, a person commits a class 3 misdemeanor for violating motor vehicle dealer licensing laws. Under the bill, this violation becomes an unclassified misdemeanor.



01:36 PM -- Todd O'Connell, Colorado Independent Automobile Dealers Association, testified in support of the bill.



01:41 PM --
David Cardella, Colorado Independent Automobile Dealers Association, testified in support of the bill. He responded to questions from the committee.



01:55 PM --
Jery Payne, Office of Legislative Legal Services, responded to questions from the committee regarding the bill's penalties for unlicensed selling of automobiles.







01:57 PM



Mr. Cardella responded to comments from the committee regarding the bill's penalties. Committee discussion ensued.

BILL: HB16-1296
TIME: 02:05:44 PM
MOVED: Melton
MOTION: Refer House Bill 16-1296 to the Committee of the Whole. The motion passed on a vote of 8-4, with one member excused.
SECONDED: Moreno
VOTE
Becker J.
Excused
Buck
No
Carver
No
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: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:09 PM -- HB 16-1298



Representative Melton introduced House Bill 16-1298. The bill modifies the statutes related to vehicle height, length, and weight.



Height. Under current law, the maximum legal height of vehicles is 13 feet, with the exception that vehicles 14 feet 6 inches can be operated on certain highways as designated by the Colorado Department of Transportation (CDOT). The bill changes the maximum legal height of vehicles to 14 feet and 6 inches without exception. CDOT must designate highways with overhead highway structures that have less than 14 feet and 6 inches of vertical clearance, and a driver must not drive a vehicle under a structure if the vehicle's height exceeds CDOT's designated vertical clearance.



Length. The bill prohibits a driver from operating the following vehicle combinations:



• saddle mount vehicle combinations that exceed 97 feet in overall length;

• laden truck tractor-semitrailer combinations exceeding 75 feet in overall length;

• stinger-steered vehicle combinations for transporting automobiles or boats that exceed 80 feet in overall length; and

• towaway trailer transporter combinations that exceed 82 feet in overall length, carry property, exceed an overall weight of 26,000 pounds, consist of more than a single towing unit and two trailers or semitrailers, or do not constitute inventory property of a manufacturer, distributor, or dealer of the trailer or semitrailer.







Weight. The bill increases the gross weight maximum for vehicles or combinations of vehicles that contain an alternative fuel system from 1,000 to 2,000 pounds.



02:11 PM --
R.J. Hicks, Colorado Motor Carriers Association, testified in support of the bill. He responded to questions from the committee.



02:18 PM --
Andy Karsian, Colorado Department of Transportation, testified in support of the bill. He responded to questions from the committee.



02:25 PM --
R.J. Hicks, Colorado Motor Carriers Association, returned to the table to respond to questions from the committee regarding the bill's provisions on alternative fuel vehicles. Mr. Karsian responded to additional questions from the committee.

BILL: HB16-1298
TIME: 02:31:59 PM
MOVED: Melton
MOTION: Refer House Bill 16-1298 to the Committee of the Whole. The motion passed on a vote of 11-1, with one member excused.
SECONDED: Esgar
VOTE
Becker J.
Excused
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: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:33 PM -- HB 16-1293



Representative Melton introduced House Bill 16-1293. The bill requires automobile insurers to submit to the Department of Revenue (DOR) a statement notifying DOR when a motor vehicle:



• has been damaged and needs repairs exceeding the vehicle's value;

• has been designated by the insurer as a total loss; or

• was recovered after being reported as stolen and an insurance claim for theft has already been paid by the insurer.





Upon notification, the DOR must issue a new certificate of title branded "insurance loss" to the vehicle. If the insurer's statement includes facts that qualify the vehicle as a salvage vehicle, the DOR must issue the vehicle a salvage title instead. Representative Melton distributed amendments L.002, L.003, and L.004 to the bill (Attachments A, B, and C).



160316 AttachA.pdf160316 AttachA.pdf160316 AttachB.pdf160316 AttachB.pdf160316 AttachC.pdf160316 AttachC.pdf



02:37 PM --
Chris Robinson, American Family Insurance, testified in opposition to the bill. He responded to questions from the committee.



02:50 PM --
Shayne Madsen, Insurance Auto Auctions, testified in opposition to the bill.



02:53 PM --
David Cardella, Colorado Independent Automobile Dealers Association, testified in support of the bill. He referenced materials provided to the committee showing vehicles that were damaged and later sold with clean titles (Attachment D and E).



160316 AttachD.pdf160316 AttachD.pdf160316 AttachE.pdf160316 AttachE.pdf



03:01 PM --
Joe McCloskey, Colorado Independent Automobile Dealers Association, testified in support of the bill. He responded to questions from the committee.



03:23 PM --
Todd O'Connell, Colorado Independent Automobile Dealers Association, testified in support of the bill and distributed three handouts to the committee (Attachments F, G, and H). He responded to questions from the committee.



160316 AttachF.pdf160316 AttachF.pdf160316 AttachG.pdf160316 AttachG.pdf160316 AttachH.pdf160316 AttachH.pdf



03:54 PM --
Paul B. Bjork, representing himself, testified in support of the bill. He responded to questions from the committee.



03:59 PM --
Tammi McCoy, Colorado Auto Dealers Association, testified in support of the bill. She responded to questions from the committee.



04:08 PM --
Richard Fritz, Collector Car Council, testified regarding his concerns with the introduced version of the bill, and requested amendments to exempt car collectors.





04:10 PM --
Todd Wallis, Farmers Insurance, testified in opposition to the bill. He responded to questions from the committee.

BILL: HB16-1293
TIME: 04:15:00 PM
MOVED: Melton
MOTION: Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED: Nordberg
VOTE
Becker J.
Excused
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1293
TIME: 04:15:36 PM
MOVED: Melton
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED: Winter
VOTE
Becker J.
Excused
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1293
TIME: 04:16:16 PM
MOVED: Melton
MOTION: Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED: Esgar
VOTE
Becker J.
Excused
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1293
TIME: 04:17:35 PM
MOVED: Melton
MOTION: Refer House Bill 16-1293, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-4.
SECONDED: Winter
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



04:19 PM



The committee adjourned.