Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_TRA_2016A 04/07/2016 11:12:21 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date: 04/07/2016
ATTENDANCE
Time: 11:12 AM to 01:20 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:
HB16-1319

HB16-1342
Amended, Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only





11:12 AM -- HB 16-1319



Representatives Ginal and Tyler came to the table to present House Bill 16-1319. This bill prohibits the practice of "coal rolling," defined as the purposeful release of high quantities of emissions from an exhaust system in a diesel-powered vehicle into the air and onto roadways in order to harass another vehicle, bicyclist, or pedestrian, or to obstruct or obscure the view of another driver, roadway user, or a traffic control device. Under the bill, coal rolling is a class 2 misdemeanor traffic offense punishable by a fine of $150 to $300, between 10 and 90 days in jail, or both. A violator is also subject to three points assessed against his or her driving record. Amendment L.003 (Attachment A) was distributed to the committee. Representatives Ginal and Tyler responded to questions from the committee.



160407 AttachA.pdf160407 AttachA.pdf



Two short videos exhibiting the practice of rolling coal were displayed for the committee.



11:23 AM -- Councilman Bob Overbeck, representing the Fort Collins City Council, testified in support of the bill.



11:26 AM --
Lieutenant Craig Horton, representing Fort Collins Police Department, testified in support of the bill. Lt. Horton responded to questions from the committee.









11:36 AM --
Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. Ms. Dollar responded to a question from the committee.



11:39 AM --
Doug Decker, representing the Colorado Department of Public Health and Environment, testified in support of the bill. Mr. Decker responded to questions from the committee.



11:44 AM --
Pamela Milmoe, representing Boulder County Public Health, testified in support of the bill.



11:47 AM --
Ed Levering, representing himself, testified in support of the bill.

11:50 AM --
Dan Grunig, representing Bicycle Colorado, testified in support of the bill.



11:52 AM --
Sean Lara, representing the Fort Collins Subaru Club and Northern Colorado Subaru Club, testified in support of the bill.



11:56 AM --
Lyssa Lombardo, representing herself, testified in support of the bill.

12:00 PM --
Chris Johnson, representing County Sheriffs of Colorado, testified in support of the bill.



12:01 PM



Representative Ginal responded to questions on amendment L.003.

BILL: HB16-1319
TIME: 12:02:26 PM
MOVED: Tyler
MOTION: Adopt amendment L.003 (Attachment A). The motion passed on a vote of 8-5.
SECONDED: Melton
VOTE
Becker J.
No
Buck
Yes
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



12:05 PM



The committee took a brief recess.











12:09 PM



The committee came back to order.

BILL: HB16-1319
TIME: 12:10:41 PM
MOVED: Tyler
MOTION: Refer House Bill 16-1319, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED: Moreno
VOTE
Becker J.
No
Buck
Yes
Carver
No
Coram
No
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: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



12:11 PM



The committee took a brief recess.



12:17 PM



The committee returned to order.



12:17 PM -- HB 16-1342



Representative Moreno, prime sponsor, came to the table to present House Bill 16-1342. The bill requires licensed automobile dealers who sell salvage, non-repairable, flood-damaged, junk, or similarly branded motor vehicles to report each transaction to a third-party data consolidator within two days of the sale. The consolidator must be approved by the National Motor Vehicle Title Information System (NMVTIS) and must forward the report to NMVTIS by the following day. The consolidator may charge the dealer a per-transaction fee.





The report must be maintained electronically by the dealer for three years and must contain the following:



• the motor vehicle's make, model, year, vehicle identification number (VIN), and current odometer reading;

• the name and address of the purchaser and the seller;

• a copy of the purchaser's driver's license or other government-issued identification document; and

• proof of the purchaser's in- or out-of-state automobile dealer license, if applicable.



The consolidator is required to make information received under this section available without charge and upon request to law enforcement, the Department of Revenue (DOR), and, if the DOR approves, a nongovernmental entity.



Any person who violates the reporting requirements under the bill commits an unclassified misdemeanor, punishable by a fine of $500 per transaction, credited to the Auto Dealers License Fund.



In addition, the bill increases penalties for unlicensed automobile sales. Under current law, a person commits a class 3 misdemeanor for selling a motor vehicle without a license. Under the bill, this violation becomes an unclassified misdemeanor with the following penalties on unlicensed motor vehicle dealers, manufacturers, distributors, wholesalers, manufacturer representatives, used motor vehicle dealers, buyer agents, wholesale motor vehicle auction dealers, and motor vehicle salespersons:



• 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, 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 for each separate offense.



Fines for unlicensed automobile sales are awarded half to the law enforcement agency that conducted the investigation and issued the citation and half to the Auto Dealers License Fund.



Amendments L.003, L.004, L.008, L.009, and L.010 (Attachments B, C, D, E, and F) were distributed to the committee, along with a fact sheet on the bill (Attachment G).



160407 AttachB.pdf160407 AttachB.pdf160407 AttachC.pdf160407 AttachC.pdf160407 AttachD.pdf160407 AttachD.pdf160407 AttachE.pdf160407 AttachE.pdf160407 AttachF.pdf160407 AttachF.pdf160407 AttachG.pdf160407 AttachG.pdf



12:21 PM --
RJ Hicks, representing the Institute of Scrap Recycling Industries and Scrap Metal Recyclers of Colorado, testified in opposition to the bill, as amended by amendments L.003, L.004, L.008, L.009, and L.010. He distributed a handout on the NMVTIS to the committee (Attachment H). Representative Moreno and Mr. Hicks responded to questions from the committee.



160407 AttachH.pdf160407 AttachH.pdf



12:35 PM --
James Hines, representing Copart, testified in opposition to the introduced bill.







12:38 PM --
Shayne Madsen, representing the Consumer Data Industry Association, testified in opposition to the bill. Ms. Madsen responded to questions from the committee.



12:44 PM --
Ray Colas, representing LKQ Corporation, testified in support of the bill. Mr. Colas responded to questions from the committee.



01:04 PM --
Todd O'Connell, representing the Colorado Independent Automobile Dealers Association, testified in support of the bill. Mr. O'Connell responded to questions from the committee.



01:10 PM --
Jennifer Anderson, representing the Colorado Attorney General's Office, testified in support of the bill.



01:12 PM



The committee took a brief recess.



01:14 PM



The committee returned to order. Discussion ensued.



01:19 PM



HB 16-1342 was laid over by the chair to a future committee meeting. The committee was adjourned.


COVID-19 Resources
2021 Ballot Information Booklet (Blue Book)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.