August 20, 2015
To the Honorable Members of
The Illinois Senate,
99th General Assembly:
Today I return
Senate Bill 1834 with specific recommendations for change. I thank the sponsors
for their work on this bill, but believe these changes are needed to ensure the
bill is clear in its intent.
contract carrier companies use recording devices in their vehicles to monitor
drivers and record information about crashes and other vehicle incidents.
Senate Bill 1834 would define “video event recorder” – a device that
continuously records audio, video, and G-force levels of a vehicle – and
requires that the contract carrier post a notice in the vehicle that a passenger’s
conversations may be recorded. The changes recommended below are intended to
correct ambiguities in the bill.
definition proposed by Senate Bill 1834 is too narrow for its intended purpose.
The bill could be read to require notice only if the recorder saves video in
certain limited circumstances (when triggered by unusual shaking or when
operated by the driver to monitor driver performance), but does not address if
and when notice is required with the use of other types of recorder, such as those
that might save audio data. The changes recommended below would provide a more
standard definition of “video event recorder,” to ensure notice is provided no
matter what type of recorder is used.
notice requirement is added to an existing section (Section 12-604.1), which prohibits
a person from operating a vehicle that displays television or video in front of
the driver. Section 12-604.1 is intended to protect the public from distracted
drivers and includes appropriate enforcement provisions, while the new
provisions of Senate Bill 1834 are intended to protect privacy rights of the
driver and passengers. The combination of these provisions is confusing. The
changes recommended below would move the new notice requirements to a separate
section to avoid confusion.
pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I
hereby return Senate Bill 1834, entitled “AN ACT concerning transportation”,
with the following specific recommendations for change:
page 1, by replacing line 5 with: “Section 12-604.1 and by adding Sections
1-218.10 and 12-604.2 as follows:”; and
page 1, by replacing lines 6 through 12 with the following:
ILCS 5/1-218.10 new)
Sec. 1-218.10. Video event recorder. A
video recorder placed inside a vehicle that continuously records, in a digital
loop, audio, video, and G-force levels.”; and
page 3, by replacing lines 12 through 18 with the following: “installed in a
contract carrier vehicle.”; and
page 4, immediately after line 6, by inserting the following:
“(625 ILCS 5/12-604.2 new)
Sec. 12-604.2. Video event recorders. A
contract carrier vehicle carrying passengers that is equipped with a video
event recorder shall have a notice posted in a visible location stating that a
passenger’s conversation may be recorded. Any data recorded by a video event
recorder shall be the sole property of the registered owner or lessee of the
contract carrier vehicle.”
changes, Senate Bill 1834 will have my approval. I respectfully request your concurrence.