Bill Summary for Bill Number HB09-1094

Date: 04/23/2009

Final
BILL SUMMARY for HB09-1094

SENATE COMMITTEE ON FINANCE

Votes: View-->	Action Taken:
Adopt Amendment L.017 (Attachment D). The motion Adopt Amendment L.018 (Attachment E). The motion Refer House Bill 09-1094, as amended, to the Commi	FAIL Pass Without Objection PASS

12:03 PM -- House Bill 09-1094

Senator Bacon, prime sponsor, presented House Bill 09-1094 which requires the use of a hands-free accessory when using a call phone while driving. An exception is made for contacting a public safety entity or during an emergency, and includes other exceptions for professional drivers. In addition, the bill prohibits drivers from using a cell phone, even with a hands-free accessory, while the vehicle is in motion and the driver is 18 years or younger. He stated that he hopes the law would create a practice for drivers to discontinue using hand held cell phones, and that other types of distractions are not as frequent in causing accidents. Senator Bacon responded to questions from the committee about the bill's provision that creates a Class A traffic offense. He also responded to questions about the bans in the bill and whether these provisions would expand safety on the road.

12:13 PM

The committee recessed.

12:19 PM

The committee reconvened. Members of the committee received copies of Amendment L.016 (Attachment C) Amendment L.017 (Attachment D) and Amendment L.018 (Attachment E).

The following persons testified:

12:20 PM -- Ms. Shelley Forney, representing herself, testified in support of the bill. She provided personal testimony about her daughter Erica's accident that she stated was caused by a driver using a cell phone. Her daughter died from this accident.

12:26 PM -- Mr. Jeff Emmell, representing Bike Fort Collins, testified in support of the bill. He stated that he is concerned about road safety as an active bicyclist. He also stated that cell phones are addictive technologies, and shared his concerns about the growth of video, cell phone, and other technologies that are being used by drivers. Mr. Emmell also shared his thoughts about judging safety and the responsibilities faced by State Patrol. He also provided information about the U.S. Department of Defense standards on cell phone usage for military personnel and at military academies. Mr. Emmell stated that cell phone usage is not a partisan issue, and that Colorado should take this step to ensure safety on the roads.

12:37 PM -- Ms. Diane Roth, representing Verizon Wireless, testified in support of the bill. She stated that Verizon Wireless supports similar proposals in other states to encourage safety. She also stated that Verizon supports the bill because it is a statewide initiative.

12:38 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol, testified in support of the bill. He provided his observations from a State Patrolman's perspective about driving behaviors he has witnessed that led to collisions. He distributed a cell phone fact sheet (Attachment F), and discussed the impacts on an individual's visual, biomechnical, auditory, and cognitive functions that can result when a driver is using a cell phone. Mr. Juchem responded to questions from the committee about current laws regarding driving behavior. He also responded to questions about the holding requirements while driving, delivery trucks, and mobile radios.

12:52 PM

Mr. Juchem responded to questions about whether municipalities can govern cell phone usage. The committee continued its discussion with Mr. Juchem about whether law enforcement can see these violations, the safety of drivers who pull off the side of the road, and about the bill's impacts in instances when the vehicle is stopped and no longer moving. The committee discussed page 2, line 8, and the definition of "emergency" in this section. The committee continued discussing accidents, and Mr. Juchem explained what information law enforcement collects at the time of accidents.

01:04 PM

Mr. Juchem continued responding to questions from the committee about provisions in the bill requiring law enforcement to visually identify that a cell phone is being used by a driver. Senator Bacon explained that this provision in the bill is a safeguard that allows law enforcement to confirm that a cell phone was used, and the law would not rely on an assumption by an officer. Mr. Juchem responded to questions about whether cell phone usage in motor vehicles is more dangerous than other activities.

01:09 PM -- Mr. Bruce Caughey, representing Colorado Association of School Executives (CASE), testified in support of the bill. He provided his thoughts about school bus drivers and the devices that are used by them. Mr. Coy stated that a provision was added to the bill that a school bus driver could use a cell phone in an emergency. He responded to questions from the committee about the definition of "emergency" in the bill. Senator Bacon shared his views about the "emergency" language in the bill.

01:15 PM

Senator Sandoval closed public testimony.


BILL:	HB09-1094
TIME:	01:16:29 PM
MOVED:	Sandoval
MOTION:	Adopt Amendment L.018 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Heath
	Isgar
	King K.
	Scheffel
	Hudak
	Sandoval

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1094
TIME:	01:18:20 PM
MOVED:	Hudak
MOTION:	Adopt Amendment L.017 (Attachment D). The motion failed 1-6.
SECONDED:
		VOTE
	Brophy	No
	Heath	No
	Isgar	No
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	No

Not Final YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1094
TIME:	01:22:51 PM
MOVED:	Sandoval
MOTION:	Refer House Bill 09-1094, as amended, to the Committee on Appropriations. The motion passed 4-3.
SECONDED:
		VOTE
	Brophy	No
	Heath	Yes
	Isgar	Yes
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:24 PM

The committee recessed.