Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:04/20/2006
ATTENDANCE
Time:11:49 AM to 01:06 PM
Borodkin
X
Green
X
Place:HCR 0112
Hefley
X
Knoedler
X
This Meeting was called to order by
Larson
X
Representative Pommer
Lindstrom
X
Ragsdale
X
This Report was prepared by
Sullivan
X
Jamila Rockette
Welker
X
McFadyen
X
Pommer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-224
HB06-1390		Laid Over
Amended, Referred to the Committee of the Whole


11:49 AM -- Senate Bill 06-224

Representative Harvey, prime sponsor, presented Senate Bill 06-224, which requires motor vehicle manufacturers to disclose that a motor vehicle has an event data recorder. The bill also prohibits the retrieval of event data from a motor vehicle unless the owner consents, a court or administrative agency orders it, a peace officer, firefighter, or emergency medical service provider retrieves the data to improve motor vehicle safety, security, or traffic management, or for medical research. The data may also be retrieved for a motor vehicle dealer or an automotive technician diagnosing, servicing, or repairing the motor vehicle, or if it is retrieved to facilitate emergency medical services. The bill exempts subscription services that disclose the use of an event data recorder and prohibits the release of event data unless the data is released to a motor vehicle safety and medical research entity or data processor in order to advance motor vehicle safety, security, or traffic management.

Responding to questions from members, Representative Harvey stated that there are five other states that have similar laws. Representative Harvey distributed amendment L.005 (Attachment A) and amendment L.006 (Attachment B).

12:02 PM

RJ Hicks, representing the Colorado Motor Carriers Association (CMCA), spoke in support of the bill and of amendment L.006. Mr. Hicks stated that the trucking industry has had event data recorders in trucks for many years with the full knowledge of what the recorders were for and the type of information the recorders were gathering. He stated that the original purpose of the event data recorders was to computerize driver logs so that truck drivers could electronically complete logs required by states and the federal government, such as information on the driver's hours of service and breaks. Mr. Hicks stated that the CMCA supports the bill because it notifies consumers that this technology is out there and it resolves the question of who owns the information gathered on the recorders.


Responding to questions from members, Mr. Hicks stated that data recorders in trucks now record more than the driver's hours of service and breaks. He stated that information gathered by the recorders is sometimes used in motor-vehicle traffic accident investigations.

12:05 PM

Jep Seman, representing the Alliance of Automobile Manufacturers (AAM), testified before the committee. Mr. Seman described how event data recorders work. He stated that in an automobile there is no single box, but rather a system of modules that are placed in various areas of the motor-vehicle and tied into the airbag. He said that the event data recorders are not constantly storing and recording data, and generally record only two to ten seconds of information. He stated that the only time the event recorder stores data is when the airbags deploy. Mr. Seman stated that the AAM has not taken a position on the bill, but that the organization is happy to comply with the requirements. He requested that manufacturers be given at least a year to implement the requirements of the bill.

12:20 PM

Bill Imig, representing the Property Casualty Insurers Association of America, spoke in support of the bill and in opposition to amendment L.006. Mr. Imig discussed the Senate's debate on what entities should have access to the information stored on data event recorders. He stated that more time is needed to determine what entities should have access to the information stored on data event recorders and for what reasons.

12:27 PM

Jeff Weist, representing the Colorado Civil Justice League (CCJL), spoke in support of the engrossed bill without amendment L.006. Mr. Weist stated that it is important that consumers know that event data recorders are in motor vehicles and that consumers have information on the purpose of the devices. He stated that the CCJL believes it is premature at this time to put limits on how the data can be used and who can have access to it. Mr. Weist stated that the legislature should wait until more information is known about the type of information being stored and the different purposes the information can be used for.


12:41 PM

Representative Pommer laid over the bill so that members could conduct further research on the issue.
12:43 PM -- House Bill 06-1390

Representative Crane, prime sponsor, continued presenting House Bill 06-1390. The committee first heard this bill on April 12, 2006. The bill was laid over so that the sponsor could work with interested parties in possibly drafting a compromise amendment. Representative Crane distributed amendment L.002 (Attachment C). Representative Larson distributed amendment L.003 (Attachment D) which amends amendment L.002.
BILL:HB06-1390
TIME: 12:43:54 PM
MOVED:Knoedler
MOTION:Moved amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:Larson
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1390
TIME: 12:45:56 PM
MOVED:Larson
MOTION:Moved amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:Knoedler
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

12:47 PM

Herman Stockinger, Legislative Liaison for the Colorado Department of Transportation (CDOT), spoke in opposition to the bill. Mr. Stockinger stated that CDOT opposes the bill because CDOT would prefer that the proposed change would come as a rule from the department instead of as a law from the legislature.

The committee discussed whether or not the proposed change should be a rule or a law.


01:04 PM

Barry McRann, representing Sterling Crane, Inc., spoke in support of the bill. Mr. McRann thanked CDOT and the Committee for their work on the bill.
BILL:HB06-1390
TIME: 01:05:43 PM
MOVED:McFadyen
MOTION:Moved to refer House Bill 06-1390, as amended, to the Committee of the Whole. The motion passed 11-0.
SECONDED:Hefley
VOTE
Borodkin
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Sullivan
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:06 PM

The committee adjourned.