Wounded Right-of-Way (HB-1104) Bill Put Down

There's an old truth that states there's two things you don't want to see being made -- legislation and sausage. Many times, the two are indistinguishable from one another. Such is the case with House Bill 1104 "Aggravated Right-of-Way Offense", which sought to close a "gray area" in Colorado statute. The bill provided penalty-of-scale exposure to Rights-of-Way violators whose actions result in bodily injury or death to others -- on parity, harmonization, and congruency with the same outcomes as defined in the historical, existing language of the Careless Driving statutes. The current Right-of-Way laws in Colorado make no provision for bodily injury or death, therefore an offender who is charged with a ROW violation (even when injury or death occurs) generally pays a fine by mail and receives automatic plea bargained-down points (as little as one point) for the violation.

The bill was engineered with the intent of providing fair, equal policy for all road users. Designed primarily by citizens who understand the shortcomings of existing law through many years of research and review, the bill was requested by a motorcycle-riding House legislator who stated his wish to pursue ROW remedy. The team of pro-bill testifiers included motorists, motorcyclists and bicyclists (and their lobby) as well the formal, visible supporting testimonies from representatives of the District Attorneys' Council and the Sheriffs' Association. We knew we had served-up a prime T-bone steak bill.

Bewildering opposition to the bill came from the trucking industry, in the form of Mr. Greg Fulton (President of the Colorado Motor Carriers Association) who stated that he represented the CMCA and their members, he also stated the opposition of the Teamsters union; and Mr. Charles Bayley, representing Waste Management Inc. (a national and North American company.) Their testimonies basically stated that a truck driver could lose their job if convicted of a misdemeanor (no such law exists in Colorado.) In three formal committee hearings (they were afforded an extra hearing opportunity), at no time did they substantiate their claim or provide proof or statistics that truck drivers were more adversely at-risk, or how this could happen. (This is truly more of a matter between employee and employer, and not the state's business. If the driver has a chronic pattern of violations, the state DOR/DMV may consider suspension or revocation based on the points accumulation, or egregiousness of the offense, the same as other vehicle operators.) The outcome of all of the committee hearings was unanimous passage.

In spite of this, the trucking lobby had its' own version of how things should be: they wanted a simple fine for a "first" offense, in the amount of $400, as an "infraction" (a minor offense), even if someone else got killed. They lobbied and bullied for this behind the scenes, and they got it. The prime sponsor of the bill, without informing us, put this torpedo amendment in the bill on second reading on the House floor; it was passed out on third reading in that form to the Senate. Not only was the amendment an abomination, it was an illogical, unworkable attempt to 'fit' something into the statutory scheme to appease the truckers. In our subsequent meeting with our Senate sponsor Greg Brophy (himself a ROW victim), we agreed to strip the amendment out and restore the bill to its' original version. We accomplished this in committee, and the bill was sent to the senate floor. This time, the trucking lobby influenced a number of senators, with the conclusion that the same House-originated amendment was re-inserted to the bill -- this was done in a slap-in-the-face third reading and resulting final passage. Then the bill was sent back to the House for 'concurrence.'

It was at this point we knew the bill either had to go back to its' original form (highly unlikely) or pressure the House leadership to assist in its' demise. We focused on a number of rationales:
1) The bill never needed any "tinkering" at all, but we were not likely to restore it this late in the process. If the bill's prime sponsor wouldn't fight for a clean bill,
who else would?
2) D.A.'s/judicial wouldn't support the bill in its amended form -- it goes against their traditional decision-making and discretion.
3) The legislature was essentially sanctioning - putting a $400 "price tag" in statute - for a life.
4) The governor would probably veto the bill in this form (he was a former prosecutor who understands the law); he would stand with the judicial branch
5) The bill was now "sausage"
6) Most importantly, we would never agree to support a $400 fine for the loss of a life in a Right-of-Way violation !!

We placed communications with the House leaders and other legislators to pressure a "kill" on the bill. The Assistant Majority Leader stated "At the request of the bill sponsor, I move the bill be laid over until May 8.." The majority voted for this action. Since the legislative session ends on May 7, the bill will receive no further action and is finished. This was done on April 1st -- April Fool's Day. How ironic.

You can view the bill and its' history at: www.leg.state.co.us

We thank all of the legislative team and testifiers; also, the American Motorcyclist Association and the folks who provided backside support. We also thank and commend Senator Greg Brophy for sponsoring the senate-side and his efforts in fighting a for a clean, unadulterated bill. Although we were not successful in this attempt, we come away knowing we had a great bill, were engaged in the legislative process with truth and integrity, and rode the high road...

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Right-of-Way Bill Update, and Action Needed This Week!!

Good news to report on House Bill 1104 (Right-of-Way) legislation:

The bill had its' Senate Judiciary committee hearing this afternoon (Monday).The bill had many proponents, all of them specifying support for the original version (as the bill was basically first drafted). The history of the House version of the bill is that it had been amended and passed on to the Senate with an undesirable, unworkable, and poor-fitting modification that weakened the penalty aspects.

Our grass-roots legislative team provided another great set of testimonies &influence, the bicycle lobby came out again in support, the District Attorneys' Council also (again) came out in support of the original bill, and as a bonus-- the Sheriffs association in Colorado also testified in support of the bill!! Senate sponsor Greg Brophy provided an amendment to remove the previous amendment and restore the bill. The amendment and the bill passed the committee with a favorable recommendation, on a unanimous vote (5-0, with two excused.) The public testimony before-the-committee process is now completed.

Opposition to the bill was once again a segment of the trucking industry, who were visibly upset afterwards. While they have yet to provide testimony to substantiate their claim that some driver's jobs may be at risk, there is no question they do have influence in the capitol. The bill now moves to the Senate floor for second reading, discussion and debate. We expect they will lobby Senators individually and heavily, and we must equal and exceed their efforts for us to be successful.

CALL TO ACTION! This is where you come in, and what we can do together:

The bill is likely to be on the Senate floor this week. Senator Brophy is asking for a full-court press. We are in this for the long haul, and if you believe that improved penalties are in order for Rights-of-Way violations that cause injury or death, we need you also to work this all the way through. Contact your Colorado State Senator by phone or e-mail WITHIN THE NEXT TWO DAYS (no later than Thursday.) If you do not know who your state senator is, go to www.vote-smart.org type in your zip code, and a list of your elected officials as well as their contact info will be provided. You may also go to www.leg.state.co.us (the Colorado General Assembly website), legislator contact info is further down on the page.

Keep it short, simple, and sweet. State that you are a constituent; state that you are in favor of the bill and that law enforcement is also in favor. State that you believe the bill is fair and proper policy that addresses a gray area in Colorado's traffic laws, and is for all of our citizens. Ensure that you make NO reference to motorcycles! We don't want this to appear to be a "biker bill" since there are a number of Senators who are not friendly to our cause. Ask your senator for a 'Yes' vote on the committee-recommended HB08-1104 bill.

Finally, ask for a response.

Good news to report on House Bill 1104 (Right-of-Way) legislation:

The bill had its' Senate Judiciary committee hearing this afternoon (Monday). The bill had many proponents, all of them specifying support for the original version (as the bill was basically first drafted). The history of the House version of the bill is that it had been amended and passed on to the Senate with an undesirable, unworkable, and poor-fitting modification that weakened the penalty aspects.

Our grass-roots legislative team provided another great set of testimonies & influence, the bicycle lobby came out again in support, the District Attorneys' Council also (again) came out in support of the original bill, and as a bonus -- the Sheriffs association in Colorado also testified in support of the bill !! Senate sponsor Greg Brophy provided an amendment to remove the previous amendment and restore the bill. The amendment and the bill passed the committee with a favorable recommendation, on a unanimous vote (5-0, with two excused.) The public testimony before-the-committee process is now completed.

Opposition to the bill was once again a segment of the trucking industry, who were visibly upset afterwards. While they have yet to provide testimony to substantiate their claim that some driver's jobs may be at risk, there is no question they do have influence in the capitol. The bill now moves to the Senate floor for second reading, discussion and debate. We expect they will lobby Senators individually and heavily, and we must equal and exceed their efforts for us to be successful.

CALL TO ACTION! This is where you come in, and what we can do together:

The bill is likely to be on the Senate floor this week. Senator Brophy is asking for a full-court press. We are in this for the long haul, and if you believe that improved penalties are in order for Rights-of-Way violations that cause injury or death, we need you also to work this all the way through. Contact your Colorado State Senator by phone or e-mail WITHIN THE NEXT TWO DAYS (no later than Thursday.) If you do not know who your state senator is, go to www.vote-smart.org type in your zip code, and a list of your elected officials as well as their contact info will be provided. You may also go to www.leg.state.co.us (the Colorado General Assembly website), legislator contact info is further down on the page.

Keep it short, simple, and sweet. State that you are a constituent; state that you are in favor of the bill and that law enforcement is also in favor. State that you believe the bill is fair and proper policy that addresses a gray area in Colorado's traffic laws, and is for all of our citizens. Ask your senator for a 'Yes' vote on the committee-recommended HB-1104 bill. Finally, ask for a response.

House Bill 08-1104 (Aggravated Right of Way) progresses, HOWEVER, during its last reading before the House an amendment was introduced that essentially gutted the Bill! Now, should this Bill (in its current form) gets signed into law, if someone is found guilty of this type of violation they will only have to pay a $400 fine and that's it! I don't think that's a fair trade for causing serious injury or even death.

The bill puts aggravated ROW (bodily injury, death) on par with the gravity of Careless Driving 1 and subject to the subsequent, appropriate penalties, where the end result (bodily injury, death) is the same. It addresses a “gray area” in law and the interpretation (or differences) between what is Careless 1 and what is ROW, as statute defines ROW. We have received unexpected support and committee testimony from the District Attorneys’ Council. They also like the language of "bodily injury", as it leaves plenty of discretionary determination, up to death. Our opposition has been the lobby of the Colorado Motor Carriers Association & Teamsters. They are in favor of increased fine monies, primarily. Their position appears to be one of the potential loss of a driver’s job due to a misdemeanor (criminal) charge or subsequent conviction. But, they have not substantiated anything in numbers or statistics and certainly not in formal testimony.

So, now the fight transitions to the Senate. On Friday, Feb 29 Terry Howard, Dave Christy and Don Creamer met with Senator Greg Brophy who is sponsoring the bill in the Senate. Now, if we can be successful getting it through the Senate, it will then go to conference so that the Senate and House versions can be reconciled. (I know, more than you wanted to know.) This ain't over by a long shot!

On Monday, March 3rd the Bill was assigned to the Senate Judiciary Committee, and we need to be prepared to give testimony like last time. Now, here is where the really important stuff comes in. If you know someone who was injured (or had a family member killed) other than in a motorcycle accident, and there was a ticket issued for a right of way violation given to the other driver, and the guilty party essentially walked, then WE NEED YOUR HELP!!! We need at least two people to testify before the Senate Committee that will be holding hearings, and we don't want this to look like a "biker bill." Senator Brophy will be telling Judiciary that it can't be heard the week of 10-14 March since several of us will be in Washington DC meeting with Congressmen and Senators from Colorado.

If you or someone you know can help us, have them contact Terry at the ABATE office or me (719-687-3275.) We'll ensure that they have the information they need so that they can testify. By the way, testimony is limited to three (3) minutes. So, no long speeches are necessary. Contact us to get more information.

Get us the help we need! The "fat lady" ain't even warming up her voice yet much less singing.

As stated in a previous legislative update, House Bill 1104 "Aggravated Right-of-Way Offense" has been referred  back to the House Judiciary committee (where it had passed on January 30 on a unanimous vote) due to some manuevers, and opposition by a partial segment of the Colorado Motor Carriers Association (truckers.) While we believe the opposition had a timely, fair, and equal opportunity to state their case in committee the first time, all appearances are they will be accomodated again. 

While this is unusual and seems redundant, it is a fact that we will have to live with, and counter appropriately.  We have attempted to understand and be insightful as to the nature of their opposition to the bill as it is written, since it is equitable for all road users. Yet, the arguments coming from their representative-lobbyist seem to lack logic and consistency. Be that as it may, we should not be antagonistic or angry with them. This is a very good  bill that represents many years of hard work. Our job is to press the advancement of this bill as it is written, and your help is needed!

We have been advised by sponsor Rep. Don Marostica that the bill will be heard again this coming Wednesday, February 13 when the Judiciary committee convenes beginning at 1:30 p.m. in committee room 0112 at our state capitol. We are told it is perhaps 4th or 5th on the agenda. We expect the oppostion to be motivated and present in force, as well as having worked behind the scenes.

The Game Plan: We will attempt to have as many of the original pro-bill testifying team as possible that were present the first time (this was about 7).  In addition, we need 20-25 pro-bill advocates and friends concerned enough about Right-of-Way violations to be present, seeded throughout the hearing room, and to stand and be counted as representing yours, as well as the publics', interest.

It is IMPERATIVE that we make a strong visible showing of support ! If you cannot be there in person, then do the next best thing: contact the legislators on the Judiciary committee -- now!
This is even more effective if one of the committee also happens to be your representative and you identify yourself as a constituent (read the list, below.)

Rep. Terrance Carroll (Chairman) -  District 7, Denver county --
terrance.carroll.house@state.co.us  ; 303-866-2909

Rep. Debbie Stafford (vice-Chair) -  District 40, Arapahoe, Elbert counties --  
house40@comcast.net  ; 303-866-2944

Rep. Morgan Carroll - District 36, Arapahoe county --
morgan.carroll.house@state.co.us ; 303-866-2942

Rep. Bob Gardner - District 21, El Paso, Fremont counties --
bob.gardner.house@state.co.us  ; 303-866-2191

Rep. Cheri Jahn -- District 24, Jefferson county --
cheri.jahn.house@state.co.us  ; 303-866-5522

Rep. Andy Kerr -- District 26, Jefferson county --
akerrhd26@earthlink.net ; 303-866-2923

Rep. Steve King -- District 54, Delta, Mesa counties --
steve.king.house@state.co.us  ; 303-866-3068

Rep. Claire Levy -- District 13, Boulder, Clear Creek, Gilpin counties --
claire.levy .house@state.co.us  ; 303-866-2578

Rep. Rosemary Marshall -- District 8, Denver county --
rosemary.marshall.house@state.co.us  ; 303-866-2959

Rep. Ellen Roberts -- District 59, Archuleta, LaPlata, Montezuma, San Juan ctys. --
ellen.roberts.house@state.co.us ; 303-866-2914

Rep. Amy Stephens -- District 20, El Paso county --
amy.stephens.house@state.co.us   ; 303-866-2924

Whether you e-mail or phone (there's no time for snail-mail), be polite and to the point in your communication.
You can use the template below, or modify it to suit your effectiveness:

Dear Rep. ________ I am contacting you to express my support for House Bill 1104, the Aggravated Right-of-Way offense bill. I believe this is a fair bill that addresses a gray area in our laws, and that it would provide a proper sanction for those who commit right-of-way violations that result in injury or death to other road users.
I ask you to please support this bill (as written) as it makes its' way through the lawmaking process.
Thank You,
(your name)
(your address)
(city, state, zip)
(tel. # & e-mail address)
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We need a "head-count" for Wednesday's hearing -- please contact Terry Howard @ the ABATE State Office 303-789-3264 with confirmation.