Board of Directors Meeting Minutes
Wednesday May 11, 2016
At the 44th meeting of the Board of Directors of the Powersports Dealers Association of Colorado held in Fay Myers Conference Room, the Board took the following actions:
· Reviewed and approved the minutes from the February 2016 board meeting.
· Discussed the financials for March 2016 which were approved by the Board
· Mike emphasized the need for new and additional members to cover running costs.
· Discussed Jim Bensberg focus on new Memberships. Also need to have Harley Dealers
· Executive director discussion recap of the House session by Jerry & Jim
1. Unlicensed Selling: Fines raised substantially but bill died in review
2. Lane Splitting: Defeated in committee. Will re-raise in next session
3. KEI Bill: defeated due to safety considerations
4. Vehicle Transfer Title on Death: Passed but Powersports not included
5. Brand Titles Bill: died
6. HOV Bill: required transponder. Abate opposed. Bill died
7. E-15: Bill died on objections
8. Vehicle Dimensions: Passed with no issue to our members
· 2017 will see sunset review of Dealer License Board and MOST program
· AMA Update: Very supportive of lane splitting and active in California legislation
· Temp plate holder: Discussed and PDAC to request dimension changes for Powersports
· Communication update, No update
· Discussed upcoming open positions on the board. Terms of Akiyama, Hendry, Starr, and Vickery expire at the AGM in August, 2016
· Next Annual General /Board meeting Wednesday August 10, 2016 location tbd.
· Meeting Adjourned 12:00pm
In attendance at the meeting were Board members: Mike Hendry, Jack Starr, Jeff Sroufe for Brian Harris, Bill Vickery, Brady Welton. Also present was PDAC’s Executive Directors, Jerry Abboud & Jim Bensberg. Missing with apologies: Jason White and Brent Flambures Missing without apologies: Nick Saputo and Duane Akiyama
Print the minutes here.
Dealer interests were closely involved in a number of bills ranging from the increase in fines for failing to have a valid dealer license to expanding operation of OHVs on county roads and city streets. A bill, HB16-1296, raised fines substantially for selling any vehicle without a dealer license from a base fine of $500 to $5000. The bill progressed past the House by a narrow two vote margin, however, support broke down in the Senate. We should expect a similar bill in 2017.
There was concern over the broad title of HB16-1298 as it addresses changes in all vehicle dimensions, an incredibly broad title. It was closely monitored by PDAC due to the ability for amendments that could seriously harm the motorcycle aftermarket suspension business and for that matter all aftermarket vehicle suspension businesses. The bill was tracked by PDAC lobbyists and passed without any amendments while sticking only to big rig trailers.
Motor Vehicle Brand titles were the object of multiple bills this year. HB16-1293 expanded brand titling to stolen vehicles where the insurer paid the claim or where damages whose cost exceeds the value of the vehicle or a vehicle that is designated a total loss by the insurer.
Closely monitored by PDAC, this is a product of used car dealers who are tired of having vehicles of this class sold to them with clean titles. The bill was postponed indefinitely (died). Creation of a state data base for brand titled vehicles that could convey brand title data to the national title network was the object of HB16-1342. This applied only to salvage operations who would report the brand title to the state data base. It too, died.
An effort was made to move the state function of driver license offices to the County Clerk’s vehicle titling and registration offices. HB16-1219 was aborted by Colorado Counties, Inc.
Motor vehicle service contracts were amended by HB16-1317 to provide for additional service including tire and wheel replacement from road hazard damage, repairs of dents dings or creases that can be repaired by paintless dent removal, windshields, key fobs and services similar to those mentioned. This passed into law and is part of a multi-state movement to provide such repairs outside that of straight insurance coverage.
In the OHV world, three bills were passed with the support of PDAC regarding OHV use on streets and county roads. There was also a bill (SB16-010) to amend OHV titling that effectively forces all dealers to continue obtaining titles through Parks registrations and preventing the dealer from forcing a customer to bring in the title or registration themselves.
OHVs may now operate across state highways by way of streets with the proper local ordinance (SB16-008) and counties and towns may now require a drivers license and proof of insurance to operate on streets and roads (HB16-1030). The OHV tourism business in Colorado is beginning to grow in towns, small cities and counties that have lost a traditional economic base. These political subdivisions have become more eager to welcome such tourism in the county and towns. Before this bill, they had no such authority. Also, in addition to the new these new requirements they may still legally open streets and roads to individuals without a license or proof of insurance. The political subdivisions now have an acceptable legal means to allow continuity of OHV operation through towns and county roads.
The OHV titling bill was aggressively challenged by PDAC and after much effort and negotiating, the law was changed, but for the better. Dealers still do not have to do the titling for the person selling or trading in a used OHV, and now all that is needed for the dealer to obtain title is a sworn affidavit from the seller as a result of SB16-010 passage.
The subject of increased ethanol in motor fuels raised its ugly head in the form of SB16-175, a bill designed to appease agricultural interests in Colorado. Corn growers would have benefited from this bill’s passage which would have given a tax credit to gasoline retailers who boost their ethanol mixture to 15 percent. Due to PDAC’s efforts, the Senate Finance Committee killed the bill in its first reading.
We were successful, due to our relationship with Rep. Gordon Klingenschmitt, in getting a bill introduced (HB16-1205) which would allow lane splitting on clogged Interstate and other state highways for motorcyclists. After a full and thorough public hearing in the House Transportation Committee, the majority Democrats succeeded in killing the bill. PDAC, along with ABATE, testified in favor of the bill, but to no avail. Perhaps we will try again in 2017.
SB16-123 was supported by PDAC as it would have relieved motorcyclists from mounting or carrying transponders to ride in High Occupancy Vehicle lanes. Federal law allows motorcyclists unfettered access to HOV lanes, but CDOT, in conjunction with the E470 Tolling Authority has complicated a very simple situation by trying to force auto and truck drivers to pay for transponders on highways such as U.S. 36. Although the bill passed out of the Senate, and PDAC was in support, the bill ultimately died at the hands of the Democrats in the House Transportation Committee. We have been given assurances from CDOT officials that motorcyclists will not have to carry any type of transponder in the future and we intend to follow up on that promise. A permanent fix should be in place by the end of this year.