May 02, 2007
HB-1117 PASSES
Colorado HB-1117 has now passed and will become law once the Governor signs it. How this bill moved thru the system is a perfect example of politics at it's worst. From the introduction of this "feel good" bill, it sailed thru committees despite our efforts with testimony, statistics, facts, etc. The Senate State, Military and Veterans Affairs committee was a joke. We showed up for testimony, with precise and susenct information. As we proceeded with testimony, one Senator gets up and leaves the room, another Senator moved from the seat at the table to the back and started a conversation with a staffer, one Senator was playing with the cell phone. Only 1 Senator sat there and listened to every word we had to say, and asked pertinent questions. It was obvious the majority of the committee had already decided how they would vote. It was then sent to Senate Appropriations committee and was calandered for the 17th of April. The bill was read, the final vote was a tie, 5-5. The committee Chair announces "tie vote, bill fails". That should be it right? WRONG. In all the years I have been involved with ABATE, a tie vote has ALWAYS killed a bill. It seems that in the Senate Rules of Colorado, Rule 18, Reconsideration, allows a tie vote to be reconsidered. No one that I know has ever heard of this rule. I am still not so sure it is the way this particular bill was handled is legal, I need better interpretation of this rule. ABATE was set that this bill had been killed. After review of the Senate calendar, it was noticed that this bill was calendered again for April 25th. During this hearing, HB-1117 was second on the agenda. One of the Senators on the Committee was out in the hall. It was asked by the Senate Sponsor of the bill to have HB-1117 read first. The Chair complied. The vote was in favor to pass the bill to the committee of the whole. 1 Senator against this bill immediately changed his vote to yes so he could asked for reconsideration. You must be on the prevailing side of the vote to ask for reconsideration. Reconsideration was granted, the vote was once again tied. Therefore the original vote could not be overturned. The motions on the surface appear to be conducted correctly, but were they? Needless to say, the following 3 business days allowed the bill to pass. We could not muster enough votes to defeat this bill. This bill is for the kids you know, never mind that it is descriminatory and only requires helmets for minors on motorcycles. I am thoroughly disgusted with the manipulations of certain PUBLIC SERVANTS. Terry Howard ABATE of Colorado State Coordinator
April 25, 2007
Obviously, I do not know the legislative system. HB-1117 was re-read in Senate Appropriations committee this morning, and it PASSED 6-3 to the committee of the whole. The Chairman of the committee has the authority to recall this vote if he or she chooses if it is a tie vote. So it was calendared again. It will go to the Senate floor and soon I am sure. Contact your Senators IMMEDIATELY again!! We need 18 NO votes to kill this bill. I apologize for the misinformation. I was not aware this could happen. I was told that when there was a tie vote it fails. Senator Harvey asked to reconsider the vote again because Senator Johnson was late, it was a tied vote, so the motion fails. We really need a Legislative person folks!!
April 17, 2007
All,
HB-1117 was read in Senate Appropriations committee today. Vote went 5 nos 5 yes. Bill FAILS !!!!!!!!! Good job....be prepared next year!!! Please send thank yous to Senators Brophy, Harvey, Johnson, Kopp and Takis. They all voted against this bill. Thanks Terry
April 12, 2007
HB-1117 is on the Senate Appropriations calendar for Tuesday April 17th, starting at 7:30 am. Get out the emails and phone calls ASAP!! Ask for a NO vote!! Thanks Terry Committee Chair: Senator Tapia abel.tapia.senate@state.co.us
Committee Vice-Chair: Senator Keller moe.keller.senate@state.co.us
Members: Brophy greg@gregbrophy.net
Groff peter.groff.senate@state.co.us
Harvey ted.harvey.senate@state.co.us
Johnson steve.johnson.senate@state.co.us
Kopp mike.kopp.senate@state.co.us
Takis stephanie.takis.senate@state.co.us
Veiga jennifer.veiga.senate@state.co.us
Windels sue.windels.senate@state.co.us
March 05 ACTION ALERT
All,
HB-1117 passed Senate committee today. Once again, party lines, 1 Republican no, 1 Rep excused. 3 Democrats Yes. We once again had great testimony. It was apparent by the Senators' body language their minds were made up when we started testimony. It will be moving to the Senate floor by Wednesday the 7th. It is IMPERATIVE that the membership calls or emails the Senators listed below and ASAP. We can't give up!! CONTACT ALL SENATORS. 1. No one cares more about our children and their safety than we do. Period. 2. Parents should continue to resent government interference in matters of safety guidance and authority between themselves and their children; they should state unequivocally to the legislators that government should "butt out" 3. Education is far superior to legislation to achieve safety goals; safety and advisory avenues, opportunities and personal empowerment remedies should be further explored. 4. The proposed legislation is clearly discriminatory in nature and smacks of stereotyping upon motorcycling; there is no question that head injuries may occur due to a very large number of circumstances and causation factors either within, or outside, traffic matters. Yet the legislation targets motorcycling specifically while excluding all of the other legal activities taking place in the traffic mix. The legislation would mandate the use of a specific device on a specific part of the body, and if the State is going to "save just one life" or prevent just one TBI, then the use of that device and the State's "protection" should be extended to the children occupants of cars/lights trucks (there is no question the majority of TBI cases occur in those vehicle accident scenarios) and applied to children bicyclists as well. It's "equal protection under the law..." Ask for a NO vote, if they won't vote NO then ask for it to be amended to include ALL forms of transportation. This bill is discriminatory!!
bob.bacon.senate@state.co.us ,
betty.boyd.senate@state.co.us ,
greg@gregbrophy.net ,
joan.fitzgerald.senate@state.co.us ,
ken@kengordon.com ,
peter.groff.senate@state.co.us ,
senbob@msn.com ,
ted.harvey.senate@state.co.us ,
isgarsenate@frontier.net ,
steve.johnson.senate@state.co.us ,
john.morse.senate@state.co.us ,
moe.keller.senate@state.co.us ,
ken.kester.senate@state.co.us ,
mike.kopp.senate@state.co.us ,
senatormay@ronmay.org ,
shawn.mitchell.senate@state.co.us ,
josh.penry.senate@state.co.us ,
scott.renfroe.senate@state.co.us ,
chris.romer.senate@state.co.us ,
paula.sandoval.senate@state.co.us ,
dave.schultheis.senate@state.co.us ,
gail.schwartz.senate@state.co.us ,
brandon.shaffer.senate@state.co.us ,
nancyspence@qwest.net ,
stephanie.takis.senate@state.co.us ,
abel.tapia.senate@state.co.us ,
lotochtrop@aol.com ,
ron.tupa.senate@state.co.us ,
jennifer.veiga.senate@state.co.us ,
steve.ward.senate@state.co.us ,
tom@tomwiens.com ,
suzanne.williams.senate@state.co.us ,
senatorwindels@comcast.net
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March 02
Action Alert HB1117
All,
HB-1117 is up for hearing on Monday March 5, 2007 at 1:30, Senate Conference room 356.
This Hearing will be with the State, Veterans and Military Affairs Committee.
We need bodies to fill that room. You don't have to testify, in fact I think we would be better
off keeping it condensed. We need people to fill that room!!
If you can attend, please do bring a friend or 2 or 3.
If not, please email and call the Senators this weekend.
Listed below are the Committee members. ABATE will list talking points on the web site Friday evening.
Thanks Terry Senator Groff, (D) Chairman(educator/attorney) peter.groff.senate@state.co.us Senator Romer, (D) (investment banker) email chris.romer.senate@state.co.us (Vice-Chairman) May R, (R) (IT consultant) email senatormay@ronmay.org Schultheis, (R) (retired real estate investor) email dave.schultheis.senate@state.co.us Windels (D) (teacher) email senatorwindels@comcast.net
Listed below are some talking points to include in your phone call or email to the committee. Talking points should include: 1. No one cares more about our children and their safety than we do. Period. 2. Parents should continue to resent government interference in matters of safety guidance and authority between themselves and their children; they should state unequivocally to the legislators that government should "butt out" 3. Education is far superior to legislation to achieve safety goals; safety and advisory avenues, opportunities and personal empowerment remedies should be further explored. 4. The proposed legislation is clearly disciminatory in nature and smacks of stereotyping upon motorcycling; there is no question that head injuries may occur due to a very large number of circumstances and causation factors either within, or outside, traffic matters. Yet the legislation targets motorcycling specifically while excluding all of the other legal activities taking place in the traffic mix. The legislation would mandate the use of a specific device on a specific part of the body, and if the State is going to "save just one life" or prevent just one TBI, then the use of that device and the State's "protection" should be extended to the children occupants of cars/lights trucks (there is no question the majority of TBI cases occur in those vehicle accident scenarios) and applied to children bicyclists as well. It's "equal protection under the law..."
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March 01
HB-1117 Passes the House of Representatives
Here is the vote on the floor. If you live in the Representatives District that supported us, a thank you note would be nice. The bill is now here: 02/28/2007 Introduced In Senate - Assigned to State, Veterans & Military Affairs No date when it is to be heard yet. We have to be ready to testify again. I think we need to be more concise and have actual testimony condensed to just a handful of people. However, we need to pack the room with bodies!! I'll send more info as I know it.
Page 603 House Journal--50th Day--February 30, 2007
HB07-1117 by Representative(s) Primavera; also Senator Gordon-
Concerning the requirement that a protective helmet be
worn by a person under eighteen years of age during the
operation of certain vehicles.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a
majority of those elected to the House voted in the affirmative and the bill
was declared passed.
YES 39 - NO 26 EXCUSED 00 ABSENT 00 (D or R) denotes party affiliation
Balmer (R) N
Gardner B (R) N
Looper (R) N
Rice (D) Y
Benefield (D) Y
Gardner C (R) N
Lundberg (R) N
Riesberg (D) Y
Borodkin (D) Y
Gibbs (D) Y
Madden (D) Y
Roberts (R) N
Buescher (D) Y
Green (D) Y
Marostica (R) N
Rose (R) N
Butcher (D) Y
Hicks (R) N
Marshall (D) Y
Solano (D) Y
Cadman (R) N
Hodge (D) Y
Massey (R) N
Sonnenberg (R) N
Carroll M (D) Y
Jahn (D) Y
May (R) N
Soper (D) Y
Carroll T (D) Y
Judd (D) Y
McFadyen (D) Y
Stafford (R) Y
Casso (D) Y
Kefalas (D) Y
McGihon (D) Y
Stephens (R) N
Cerbo (D) Y
Kerr A (D) Y
McKinley (D) N
Summers (R) N
Curry (D) Y
Kerr J (R) N
McNulty (R) N
Swalm (R) N
Fischer (D) Y
King (R) N
Merrifield (D) Y
Todd (D) Y
Frangas (D) Y
Labuda (D) Y
Mitchell (R) Y
Vaad (R) N
Gagliardi (D) Y
Lambert (R) N
Peniston (D) Y
Weissmann (D) Y
Gallegos (D) N
Levy (D) Y
Pommer (D)
Y White (R) N
Garcia (D) Y
Liston (R) N
Primavera (D) Y
Witwer (R) N
Speaker (D) Y
Co-sponsors added: Representatives Borodkin, Gibbs, Green, Kerr A, Labuda,
Levy, Marshall, McGihon, Merrifield, Peniston, Todd.
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Feb 09 2007
Colorado House Bill 07-1117 |
Talking Points for HB-1117 |
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IMMEDIATE ACTION REQUIREDColorado House Bill 07-1117 has passed the T&E committee with an 8-5 vote. The vote went strictly down party lines. The bill has been amended as follows: HB07-1117 be amended as follows, and as so amended, be referred to |
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Legislative Notes regarding HB-1117 This bill passed in the T&E committee. The witnesses for the bill and the sponsor did a great job explaining statistics for Traumatic Brain Injury for kids. Not one time did they address the issue, benefit, or prevention of wearing a helmet. I thought I was in a debate over TBI's not a helmet bill hearing. We must focus on the language of the bill, not the results of what could happen. There was no substantial proof given that minors not wearing helmets is an issue in this state. As a matter of fact, witnesses opposed to the bill had statistics proving that a minor is more likely to suffer a TBI by being involved in a vehicle accident or a fall in comparison if they are on a motorcycle. The witnesses opposed to the bill gave good solid testimony, but it wasn't enough. I guess the majority of legislature figures that we as bikers or motorcyclists are not competent to be responsible parents or guardians. One Representative proposed that since we mandate immunizations for children in school, don't allow them to smoke or drink, and don't allow minors to have sex, what's the difference if we mandate them to wear helmets? (if you'd like his name, call me) This bill is also discriminatory and would lack in equal protection. Why don't we amend it to make minors wear helmets while skiing, walking, boating, and riding in a car? These are my notes and opinions regarding the hearing in the T&E committee. This bill goes for 2nd reading on the House floor Monday Feb 12, 2007. The time to act is now. More to come later. Terry Howard |
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Talking Points for HB-1117 |
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ABATE of Colorado Legislative Alert and Immediate Action Request ! Colorado House Bill HB 1117 (Primavera - D) "Concerning The Requirement That A Protective Helmet Be Worn By A Person Under Eighteen Years Of Age During The Operation Of Certain Vehicles" is specific to motorcycles and motorized bicycles, and nothing else. 1.) The bill was introduced January 15, 2007; it was referred to the House Transportation and Energy Committee for hearing and testimony; the committee hearing was February 6 and passed out of committee on February 8 with minor language amendment. The committee vote was along party lines (8-to-5, Dems. to Rep) with recommendation for a full vote on the House floor. 2.) The bill is scheduled for Second Reading on the House floor Monday, February 12 and may be scheduled within a matter of just a few days thereafter for Third Reading and Final Passage 3.) The bill sponsor and proponent testifiers have focused heavily on traumatic brain injury (TBI) ABATE of Colorado vigorously opposes this bill; responsible motorcyclists and motorcycling families should also vigorously oppose the bill, based upon the following reasons and talking points:
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