AB 397, as introduced, Fox. Vehicles: emergency contact locator database.
(1) Existing law imposes specified requirements on manufacturers of motor vehicles sold or leased in this state. A violation of the Vehicle Code is a crime.
This bill would enact the “Gilani Taylor Emergency Contact Locator Act of 2012” and would define the term “VIN# ECON database” as the national law enforcement vehicle identification number emergency contact locator database that may be established by this state, in conjunction with other states and law enforcement agencies.
This bill would require a motor vehicle manufacturer of a new motor vehicle sold or leased in this state on or after January 2, 2014, with a 2014 model year or later to provide a means by which a purchaser or lessee of a new motor vehicle can voluntarily designate at the original retail point of sale an emergency contact to be stored in the VIN# ECON database. The bill would require the emergency contact information to be made available electronically only to authorized law enforcement and would require law enforcement personnel, when practicable, to expeditiously notify the registered owner’s emergency contact, if a vehicle occupant is rendered unable to communicate due to physical injury, thereby imposing a state-mandated local program by imposing new duties upon local agencies.
The bill would also require a manufacturer of a new motor vehicle sold or leased in this state to establish a public awareness campaign, including listing access to the VIN# ECON database as a standard equipment specification on the new vehicle original window sticker. Since a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) In 2009 more than 3,000 people in California died as a result
4of car crashes, one person killed every two and one-half hours and
5about one person injured every two minutes.
6(b) Each year more than 241,873 people are injured in crashes
7and collisions and about 4.9 percent of these are serious,
8life-altering injuries.
9(c) Contrary to popular belief, law enforcement does not have
10immediate access to family contact information or next-of-kin data
11following a car crash involving individuals who are unconscious
12or unable to communicate, as, typically,
on-scene law enforcement
13resort to searching personal belongings, such as a wallet, driver’s
14license, glove compartment, or cell phone for leads to the identity
15of a family member or next of kin.
16(d) Meanwhile, hours elapse as family members are not notified
17and crash victims enter the emergency health care system without
18the benefit of family members to advocate on their behalf or
P3 1provide added-value information to enhance the medical care of
2crash victims, as there is a national average of six hours’ lack of
3notice for in-state incidents and over two days’ lack of notice for
4out-of-state incidents.
5(e) In 2008, a policy resolution entitled “Federated VIN#
6Emergency Contact Registry (ECON) Initiative” was adopted by
7the American Association of State Highway and Transportation
8Officials’ Standing Committee on Highway Traffic Safety
9Subcommittee on Safety Management, with the
support and
10assistance of the Healthcare Information Technology Standards
11Panel, the International Association of Chiefs of Police, the
12International Association of Fire Chiefs, the National Association
13of State EMS Officials, the International Association of
14Public-Safety Communications Officials, and the Governors
15Highway Safety Association.
16(f) This policy resolution encourages states and automotive
17manufacturers to collaborate and cooperate on the development
18and deployment of a federated vehicle identification number
19emergency contact registry, which is also known as VIN# ECON,
20thereby improving postcrash care and survivability for crash
21victims on our nation’s roadways.
22(g) A purchaser or lessee of a new motor vehicle in this state
23should have the right to voluntarily designate at the original retail
24point of sale an emergency contact to be stored in a national law
25
enforcement vehicle identification number emergency contact
26locator (VIN# ECON) database to be utilized by law enforcement
27if the motor vehicle is involved in an accident or other emergency
28situation rendering the occupant unconscious or otherwise unable
29to communicate with the contact person or persons.
30(h) This act will assist law enforcement in expeditiously
31notifying a designated emergency contact when the motor vehicle
32is involved in an accident or other emergency situation rendering
33the occupant unconscious or otherwise unable to communicate
34with the contact person or persons.
Section 9956 is added to the Vehicle Code, to read:
(a) This section may be known and cited as the “Gilani
37Taylor Emergency Contact Locator Act of 2013.”
38(b) For purposes of this section, “VIN# ECON database” means
39the national law enforcement vehicle identification number
40emergency contact locator database that may be established by
P4 1this state, in conjunction with other states and law enforcement
2agencies.
3(c) This section applies only to vehicles sold or leased in this
4state on or after January 2, 2014, with a 2014 model year or later.
5(d) (1) A motor vehicle manufacturer of a new motor vehicle
6sold or leased in this state shall provide a means by
which a
7purchaser or lessee of a new motor vehicle can voluntarily
8designate at original retail point of sale an emergency contact to
9be stored in a VIN# ECON database that may be utilized by law
10enforcement if the motor vehicle is involved in an accident or other
11emergency situation rendering the occupant unconscious or
12otherwise unable to communicate with the contact person or
13persons. For purposes of this section, the emergency contact person
14is not required to be the purchaser’s or lessee’s next of kin.
15(2) The emergency contact information stored in the national
16law enforcement emergency contact locator database pursuant to
17this section shall be made available electronically only to
18authorized law enforcement.
19(3) If a vehicle occupant is rendered unable to communicate
20due to physical injury, law enforcement personnel shall, when
21practicable, expeditiously notify the
registered owner’s emergency
22contact.
23(4) Neither the law enforcement officer nor the law enforcement
24agency that employs that law enforcement officer shall incur any
25liability if the law enforcement officer is not able to make contact
26with the designated emergency contact person.
27(e) (1) A motor vehicle manufacturer shall make a good faith
28effort to collect accurate data as provided by the purchaser or lessee
29at the original retail point of sale and to provide that information
30to the VIN# ECON database.
31(2) The motor vehicle manufacturer is not liable for any
32damages, costs, or expenses, including, but not limited to,
33consequential damages, arising or resulting from any inaccurate
34data or system unavailability.
35(f) A manufacturer
of a new motor vehicle sold or leased in this
36state shall establish a public awareness campaign to educate new
37vehicle purchasers or lessees of the importance of submitting the
38name and phone number of an emergency contact to the VIN#
39ECON database. The manufacturer may establish this public
40awareness campaign individually or in conjunction with other
P5 1manufacturers. This public awareness campaign shall include, but
2is not limited to, listing access to the VIN# ECON database as a
3standard equipment specification on the new vehicle original
4window sticker.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution for certain
7costs that may be incurred by a local agency or school district
8because, in that regard, this act creates a new crime or infraction,
9eliminates a crime or infraction, or changes the penalty for a crime
10or infraction, within the meaning of Section 17556 of the
11Government Code, or changes the definition of a crime within the
12meaning of Section 6 of Article XIII B of the California
13Constitution.
14However, if the Commission on State Mandates determines that
15this act contains other costs mandated by the state, reimbursement
16to local agencies and school districts for those costs
shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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