AB 397, as amended, 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 thebegin delete “Gilani Taylor Emergency Contact Locator Act of 2012”end deletebegin insert California Motor Vehicle Emergency Contact Locator Act of 2013end insert 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,begin delete asend deletebegin insert andend insert, typically, on-scene law
13enforcement resort to searching personal belongings, such as a
14wallet, driver’s license, glove compartment, or cell phone for leads
15to the identity of 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
P3 1the benefit of family members to advocate on their behalf or
2provide added-value information to enhance the medical care of
3crash victims, as there is a national average of six hours’ lack of
4notice for in-state incidents and over two days’ lack of notice for
5out-of-state
incidents.
6(e) In 2008, a policy resolution entitled “Federated VIN#
7Emergency Contact Registry (ECON) Initiative” was adopted by
8the American Association of State Highway and Transportation
9Officials’ Standing Committee on Highway Traffic Safety
10Subcommittee on Safety Management, with the support and
11assistance of the Healthcare Information Technology Standards
12Panel, the International Association of Chiefs of Police, the
13International Association of Fire Chiefs, the National Association
14of State EMS Officials, the International Association of
15Public-Safety Communications Officials, and the Governors
16Highway Safety Association.
17(f) This policy resolution encourages states and automotive
18manufacturers to collaborate and cooperate on the development
19and deployment of a
federated vehicle identification number
20emergency contact registry, which is also known as VIN# ECON,
21thereby improving postcrash care and survivability for crash
22victims on our nation’s roadways.
23(g) A purchaser or lessee of a new motor vehicle in this state
24should have the right to voluntarily designate at the original retail
25point of sale an emergency contact to be stored in a national law
26
enforcement vehicle identification number emergency contact
27locator (VIN# ECON) database to be utilized by law enforcement
28if the motor vehicle is involved in an accident or other emergency
29situation rendering the occupant unconscious or otherwise unable
30to communicate with the contact person or persons.
31(h) This act will assist law enforcement in expeditiously
32notifying a designated emergency contact when the motor vehicle
33is involved in an accident or other emergency situation rendering
34the occupant unconscious or otherwise unable to communicate
35with the contact person or persons.
Section 9956 is added to the Vehicle Code, to read:
(a) This section may be known and cited as thebegin delete “Gilani begin insert California Motor
38Taylor Emergency Contact Locator Act of 2013.”end delete
39Vehicle Emergency Contact Locator Act of 2013.end insert
P4 1(b) For purposes of this section, “VIN# ECON database” means
2the national law enforcement vehicle identification number
3emergency contact locator database that may be established by
4this state, in conjunction with other states and law enforcement
5agencies.
6(c) This
section applies only to vehicles sold or leased in this
7state on or after January 2, 2014, with a 2014 model year or later.
8(d) (1) A motor vehicle manufacturer of a new motor vehicle
9sold or leased in this state shall provide a means by which a
10purchaser or lessee of a new motor vehicle can voluntarily
11designate at original retail point of sale an emergency contact to
12be stored in a VIN# ECON database that may be utilized by law
13enforcement if the motor vehicle is involved in an accident or other
14emergency situation rendering the occupant unconscious or
15otherwise unable to communicate with the contact person or
16persons. For purposes of this section, the emergency contact person
17is not required to be the purchaser’s or lessee’s next of kin.
18(2) The emergency contact
information stored in the national
19law enforcement emergency contact locator database pursuant to
20this section shall be made available electronically only to
21authorized law enforcement.
22(3) If a vehicle occupant is rendered unable to communicate
23due to physical injury, law enforcement personnel shall, when
24practicable, expeditiously notify the registered owner’s emergency
25contact.
26(4) Neither the law enforcement officer nor the law enforcement
27agency that employs that law enforcement officer shall incur any
28liability if the law enforcement officer is not able to make contact
29with the designated emergency contact person.
30(e) (1) A motor vehicle manufacturer shall make a good faith
31effort to
collect accurate data as provided by the purchaser or lessee
32at the original retail point of sale and to provide that information
33to the VIN# ECON database.
34(2) The motor vehicle manufacturer is not liable for any
35damages, costs, or expenses, including, but not limited to,
36consequential damages, arising or resulting from any inaccurate
37data or system unavailability.
38(f) A manufacturer of a new motor vehicle sold or leased in this
39state shall establish a public awareness campaign to educate new
40vehicle purchasers or lessees of the importance of submitting the
P5 1name and phone number of an emergency contact to the VIN#
2ECON database. The manufacturer may establish this public
3awareness campaign individually or in conjunction with other
4manufacturers. This public awareness
campaign shall include, but
5is not limited to, listing access to the VIN# ECON database as a
6standard equipment specification on the new vehicle original
7window sticker.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution for certain
10costs that may be incurred by a local agency or school district
11because, in that regard, this act creates a new crime or infraction,
12eliminates a crime or infraction, or changes the penalty for a crime
13or infraction, within the meaning of Section 17556 of the
14Government Code, or changes the definition of a crime within the
15meaning of Section 6 of Article XIII B of the California
16Constitution.
17However, if the Commission on State Mandates determines that
18this act contains other costs mandated
by the state, reimbursement
19to local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
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