Senate Committee on Transportation (04/06/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:	04/06/2006	ATTENDANCE

Time:	10:36 AM to 11:56 AM	Hagedorn	X
		Isgar	X
Place:	SCR 352	May R.	X
		Spence	X
This Meeting was called to order by		Wiens	X
	Senator Takis	Williams	X
		Takis	X
This Report was prepared by
	Lauren Sisneros
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-224		Amended, Referred to the Committee of the Whole

10:36 AM -- Call to Order

Senator Takis, chair, called the meeting to order.

10:36 AM -- Senate Bill 06-224

Senator Traylor, prime sponsor, explained the provisions of Senate Bill 06-224, concerning event data recorder as a motor vehicle feature. The bill requires motor vehicle manufactures to disclose in their owner's manual that the motor vehicle has an event data recorder (EDR). An EDR records information related to vehicle speed, direction, location, steering performance or use, brake performance, or seatbelt status. The bill prohibits the retrieval of EDR data unless:

the vehicle owner consents;
a court of administrative agency orders it;
a peace officer, firefighter or emergency medical service provider retrieves data to improve motor vehicle safety, security, traffic management or medical research;
a motor vehicle dealer or automotive technician retrieves data to diagnose, service or repair the vehicle; and
the data is released to a motor vehicle safety and medical research entity or data processor to advance motor vehicle safety, security, or traffic management.

Senator Traylor answered questions from committee members and stated that the Department of Personnel and Administration was involved in introducing SB 06-224.

The following persons testified:

10:44 AM -- Randy Barnhart, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. Mr. Barnhart stated that speed and seatbelt usage is important in civil litigation. In addition, he stated that the bill's intent seems to prevent the information being recorded to be used in civil litigation. Mr. Barnhart answered questions from committee members and stated that he assumes the EDR records information for a short period time before a major accident. He also stated that the Colorado Trial Lawyers Association would like the bill amended to include that the EDR information be available to civil litigants.

10:59 AM

Senator Traylor briefly explained prepared amendment L.002 (Attachment A)

11:00 AM -- Paul Farley, representing the Department of Personnel and Administration (DPA), testified in support of the bill. Mr. Farley indicated that there is not a federal requirement for the disclosure of EDR recorders. He explained that the information the EDR records is during approximately 5 seconds prior and 5 seconds after a vehicle impact. In addition, Mr. Farley stated that other states have passed legislation similar to SB 06-224. Mr. Farley answered questions from committee members and stated that other states require that the bill of sale disclose the EDR.

11:08 AM -- Scott Madsen, representing the Department of Personnel and Administration (DPA), testified in support of the bill. He answered questions from committee members and stated that all General Motor vehicles and 25 percent of ford vehicles currently manufactures their vehicles to include EDRs. Mr. Madsen indicated that the EDRs currently do not record the location of the vehicle; however, with technology it could be seen in the future.

11:14 AM -- Greg Fulton, representing the Colorado Motor Carriers Association (CMCA), testified in support of the bill. He stated that the CMCA is concerned about safety and the collection of data by EDRs is useful, important information. In addition, Mr.Fulton stated that CMCA is concerned with the privacy and how the information may be used in the future and the possibility of utilizing information for auto insurance rates. He added that the information captured may be misleading or misused. Mr. Fulton answered questions from committee members and stated that CMCA supports the bill in its introduced version, unamended.

11:24 AM -- Jeff Weist, representing the Colorado Civil Justice League, testified in opposition of the bill. He stated that the Colorado Civil Justice League supports prepared amendment L.002 (Attachment A).

11:30 AM -- Frank DeFilippo, representing General Motors and Enterprise, and Jep Seman, representing Alliance Auto Manufacturers, testified in support of the bill. Mr. DeFilippo and Mr. Seman stated they support the introduced version of SB 06-224. The witnesses answered questions from committee members. Mr. Wiest stated that the Alliance supports the disclosure being included in the owners manual and it would take at least 12 months to amend such owners manual.

11:44 AM

Senator Traylor made closing comments for SB 06-224. She explained prepared amendment L.002 (Attachment A). In addition, she asked that a conceptual amendment be offered to page 3, line 12, after the period add "and if so, the kind of data recorded." Senator Traylor answered additional questions from committee members.


BILL:	SB06-224
TIME:	11:50:01 AM
MOVED:	Williams
MOTION:	Moved prepared amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hagedorn
	Isgar
	May R.
	Spence
	Wiens
	Williams
	Takis
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	11:50:18 AM
MOVED:	Williams
MOTION:	Moved a conceptual amendment, page 3, line 12, after the period, add "and if so, the kind of data recorded.". The motion passed without objection.
SECONDED:
		VOTE
	Hagedorn
	Isgar
	May R.
	Spence
	Wiens
	Williams
	Takis
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-224
TIME:	11:53:05 AM
MOVED:	Williams
MOTION:	Refer Senate Bill 06-224 to the Committee of the Whole, as amended. The motion passed on a 7 to 0 roll call vote.
SECONDED:
		VOTE
	Hagedorn	Yes
	Isgar	Yes
	May R.	Yes
	Spence	Yes
	Wiens	Yes
	Williams	Yes
	Takis	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:54 AM

Committee discussion ensued pertaining to future amendments for SB 06-224.

11:55 AM

The committee recessed.