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S_SA_2018A 01/24/2018 01:32:08 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
Date 01/24/2018
Attendance
Court X
Fenberg X
Hill X
Sonnenberg X
Marble X
Time 01:32:08 PM to 04:41:30 PM
Place SCR 357
This Meeting was called to order by Marble
This Report was prepared by Julia Jackson
Hearing Items Action Taken
SB18-049 Postponed Indefinitely
SB18-053 Postponed Indefinitely

SB18-049 - Postponed Indefinitely


01:33:01 PM  
Senator Court, sponsor, presented Senate Bill 18-049 to the committee. The bill makes driving while using an electronic mobile device a class 2 misdemeanor unless the driver is over the age of 18 and using a hands-free device. It also increases the fine for minors in violation from $50 to $300.
01:35:58 PM  

Jeff Holt, representing ABATE of Colorado and Bikers United for America, testified in support of the bill. He described incidents where drivers endangered him while he rode his motorcycle.

01:38:45 PM  
Dennis Haberstumpf, representing ABATE of Colorado, testified in support of the bill. He stated that the bill would help reduce distracted driving, and he noted the importance of this for motorcyclists.
01:40:26 PM  

Susan Dane, representing Coloradans Organized for Responsible Driving (CORD), testified in support of the bill. She discussed distracted driving deaths in Colorado and nationally.

Committee members commented on the bill.

Ms. Dane also noted her individual support of the Senate Bill 18-053, concerning the citation of drivers for the failure of one or more vehicle occupants to wear a safety belt, and she noted statistics on the safety benefits of wearing a seat belt.

01:44:16 PM  
Ted Heyd, representing Bicycle Colorado, testified in support of the bill. He discussed the dangers bicyclists face as a result of distracted driving.
01:47:32 PM  

Col. Matthew Packard, Chief of the Colorado State Patrol, testified in support of the bill. He discussed the impact of distracted driving on traffic accidents and fatalities in Colorado.

Chief Packard also testified in support of SB 18-053. He explained that it is difficult for state troopers to determine whether a particular seat belt violation is a primary violation, which leads them to choose not to pull over violators.

01:56:24 PM  
Chris Satriano, representing Bike Blue, testified in support of the bill. He discussed his organization's work and talked about the popularity of bicycling in Colorado.
01:59:59 PM  
Chief Packard responded to a committee member question about primary seat belt offenses.

He also responded to a committee member question about law enforcement's use of handheld devices and their exemption under SB 18-049.

02:04:48 PM  
Alex Logemann, representing People for Bikes, testified in support of the bill. He described his organization and explained that bike riders are particularly susceptible to the dangers of distracted driving.
02:06:52 PM  

Lori Taggart, representing CORD, testified in support of the bill.

02:10:45 PM  
Laurie Easton-Montoya, representing Biker Down, testified in support of the bill. She discussed her organization's efforts to make motorcycling safer. She described methods to make mobile phones hands free, even in older cars.
02:14:34 PM  
Scott O'Sullivan, representing Biker Down, testified in support of the bill. He discussed the costs of distracted driving accidents from his experience as a personal injury lawyer. He also noted his support for SB 18-053.
02:18:20 PM  
Andy Karsian, representing the Colorado Department of Transportation, testified in support of the bill. He discussed the laws in other states addressing texting while driving and the use of handheld devices. He added that teenagers in particular need to learn about the dangers of distracted driving.
02:20:40 PM  

Dan Jablan, representing the Rocky Mountain Insurance Information Association, testified in support of the bill and SB 18-053. He discussed the cost of insurance claims, particularly when seat belts are not worn.

02:22:53 PM  
Mr. Karsian responded to a committee member question about other sources of driver distraction besides mobile devices.

Mr. O'Sullivan responded to a question about how mobile phones cause distractions while driving and about how existing law is used to prosecute drivers who text and get into accidents.

02:27:15 PM  

Brian Froid, representing himself and Drive Smart Colorado, testified in support of the bill and also SB 18-053. He told the committee about his daughter and son-in-law's death in a car accident when they were not wearing their seat belts.

02:33:41 PM  

Cheryl Froid, representing herself and Drive Smart Colorado, testified in support of SB 18-053. She continued her husband's story about their daughter's death and its impact on her family.

02:36:57 PM  

Skyler McKinley, representing AAA Colorado, testified in support of the bill. He explained his organization's position that distracted driving violations should be treated comparably to other moving violations under the law. He responded to committee member questions.

Mr. McKinley also testified in support of SB18-053. He discussed the effect of primary seat belt laws in the 34 states that have them. He noted that the bill would result in cost savings for individuals and the state.

02:47:51 PM  

Gary Peterson, representing Bike Blue, testified in support of the bill. He discussed the importance of safe driving for bicyclists as well as drivers.

02:51:32 PM  
Kirk Fry, representing himself, testified in support of the bill. He suggested that the bill should assess points for offenders. He also commented on SB 18-053.
02:55:03 PM  

Vivian Stovall, representing herself, testified in support of the bill. She described several accidents she had been involved in where the driver was distracted. She also noted her support for SB18-053.

03:00:18 PM  
Senator Court wrapped up her presentation of the bill. She provided committee members two letters in support of the bill [Attachments A and B]. She responded to comments raised earlier in the hearing.
03:06:23 PM  
Committee members commented on the bill.


03:12:11 PM
Motion Refer Senate Bill 18-049 to the Committee on Finance.
Moved Court
Seconded
Court Yes
Fenberg Yes
Hill No
Sonnenberg No
Marble No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


03:13:34 PM
Motion Postpone Senate Bill 18-049 indefinitely.
Moved Sonnenberg
Seconded
Court No
Fenberg No
Hill Yes
Sonnenberg Yes
Marble Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-053 - Postponed Indefinitely


03:13:42 PM  
The committee recessed.
03:13:49 PM  
The committee reconvened.

Senator Court, sponsor, presented Senate Bill 18-053. The bill makes not wearing a seat belt a primary offense. Committee members received a letter in support of the bill [Attachment C].

03:20:49 PM  

Mike Lewis, Director of the Colorado Department of Transportation, testified in support of the bill. He discussed the benefits of changing seat belt violations from secondary to primary offenses. He responded to committee member questions.

03:25:14 PM  
Denise Maes, representing the ACLU of Colorado, testified against the bill. She explained that primary seat belt laws disproportionately affect people of color, and she noted that education is more effective than increased fines in getting more people to wear seat belts.
03:28:44 PM  
Rebecca Messell, representing herself, testified against the bill. She expressed concern that the bill would have negative affects on racial minorities and people who drive older cars. She suggested that punishments under the bill could exceed the offense.
03:32:41 PM  
John Henry, representing Drive Smart Colorado, testified in support of the bill. He discussed his organization's history and work, and he described the safety features of seat belts.
03:37:50 PM  
Maile Grey, representing Drive Smart Colorado, testified in support of the bill. She suggested that in addition to education, enforcement is important to improving vehicle safety.
03:41:05 PM  
Chief Bob Ticer, Chief of Police for the City of Loveland, testified in support of the bill. He discussed his role on the Colorado Task Force on Drunk and Impaired Driving and noted its support for the bill. He explained that current seat belt enforcement is weak without a primary violation.

Committee members received a letter of support from the County Sheriffs of Colorado [Attachment D].

03:47:36 PM  

Jeremy Greene, representing himself, testified in support of the bill. He told the story of the accident he was in as a 16-year-old, which caused a severe traumatic brain injury.

03:50:34 PM  
Kim Greene, representing herself, testified in support of the bill. She discussed her son Jeremy's recovery and the challenges of living with a traumatic brain injury.
03:54:03 PM  
Maile Grey read a letter from Jaime Richardson in support of the bill. The letter told Ms. Richardson's story of her experience in a car accident as a teenager.
03:58:36 PM  
Julie Mullica, representing herself, testified in support of the bill. She discussed the importance of seat belt use in saving lives. She added that primary seat belt laws in other states have not resulted in disparate actions against racial minorities.
04:00:55 PM  
Dwayne Smith, representing himself, testified in support of the bill. He discussed his experience in an accident as a teenager not wearing a seat belt.
04:04:07 PM  
Col. Mark Trostel, representing Colorado Mothers Against Drunk Driving, testified in support of the bill. He emphasized the importance of enforcement as a tool in addition to education campaigns.
04:08:40 PM  
Barbara Brady, representing herself, testified in support of the bill. She told the story of her son's death in a car accident while not wearing a seat belt, and she described the accident's affect on her family.
04:14:07 PM  
Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. He explained that trucking companies already have consequences for their drivers if they fail to wear their seat belts. He noted that the consequences of accidents between trucks and passenger cars can be severe.
04:17:06 PM  
Christine Haskell, representing herself, testified in support of the bill. She described a car accident she was in, and the lifelong injuries she suffered as the result of impact from an unrestrained passenger.
04:20:51 PM  
Mr. Fulton responded to a committee member question about seat belt requirements for truck drivers.
04:22:31 PM  
Amy Nichols, representing herself, testified in support of the bill. She described the car accident that killed her son and his best friend, both of whom were ejected from the vehicle as a result of not wearing seat belts. She noted that three restrained passengers survived the crash.
04:28:48 PM  
Senator Court wrapped up her presentation of the bill.

Committee members received a map of unrestrained traffic fatalities [Attachment E].

Committee members commented on the bill.



04:40:39 PM
Motion Refer Senate Bill 18-053 to the Committee on Finance.
Moved Court
Seconded
Court Yes
Fenberg Yes
Hill No
Sonnenberg No
Marble No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:41:03 PM
Motion Postpone Senate Bill 18-053 indefinitely.
Moved Court
Seconded
Court No
Fenberg No
Hill Yes
Sonnenberg Yes
Marble Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:41:30 PM   Committee Adjourned






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