AB 1264, as introduced, Medina. Vehicles: emergency contact locator database.
Existing law imposes specified requirements on manufacturers of motor vehicles sold or leased in this state. Existing law requires hospitals to make reasonable efforts to contact the agent, surrogate, or family of patients who are otherwise incapable of communication.
This bill would enact the “Motor Vehicle Emergency Contact Locator Act of 2015” and would require a vehicle identification number emergency contact locator database to be established by motor vehicle manufacturers in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System.
This bill would require a motor vehicle manufacturer of a new motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 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 VinECON 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 provide any VinECON data, either verbal or written, to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication, thereby imposing a state-mandated local program by imposing new duties upon local agencies.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
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 2011, there were 29,757 fatal motor vehicle crashes and
41,530,000 nonfatal serious injury crashes in the United States.
5(b) Existing law requires, within 24 hours of the arrival of a
6patient in the emergency department of a general acute care
7hospital, including a motor vehicle crash victim, who is
8unconscious or otherwise incapable of communication, the hospital
9to make reasonable efforts to contact the patient’s agent, surrogate,
10or a family member or other person the hospital reasonably believes
11has the authority to make health care decisions on behalf of the
12patient.
13(c) Contrary to popular belief, emergency medical technicians
14and law enforcement do not have immediate access to family
15contact information following a motor vehicle crash involving
16individuals who are unconscious or unable to communicate, and,
17typically, on-scene law enforcement resort to searching personal
18belongings, such as a wallet, driver’s license, glove compartment,
19or cell phone for leads to the identity of a family member or next
20of kin.
21(d) Critical hours elapse as family members are not notified and
22unconscious motor vehicle crash victims enter the emergency
23department of a general acute care hospital without the benefit of
24family members to advocate on their behalf or provide important
P3 1information to enhance medical care, as there is a national average
2of six hours’ lack of notice for in-state incidents and over two
3days’ lack of notice for out-of-state incidents.
4(e) In 2008, a VinECON policy resolution was adopted by the
5American Association of State Highway and Transportation
6Officials’ (AASHTO) Standing Committee on Highway Traffic
7Safety Subcommittee on Safety Management, with the support
8and assistance of the Healthcare Information Technology Standards
9Panel, the International Association of Chiefs of Police, the
10International Association of Fire Chiefs, the National Association
11of State EMS Officials, the International Association of
12Public-Safety Communications Officials, and the Governors
13Highway Safety Association.
14(f) The AASHTO VinECON policy resolution encouraged motor
15vehicle manufacturers to establish a national law enforcement
16vehicle identification number emergency contact locator database,
17in conjunction with the National Law Enforcement
18Telecommunication System (Nlets).
19(g) As authorized by the City of Los Angeles in 2013, pursuant
20to Council File No. 13-0002-S3, the City of Los Angeles adopted
21a resolution seeking a sponsor of California legislation to the
22Vehicle Code, relating to vehicles enforcing the AASHTO
23VinECON policy resolution.
24(h) A purchaser or lessee of a new motor vehicle from a new
25motor vehicle dealer in this state should have the right to
26voluntarily register at the point of sale an emergency contact to be
27stored in the VinECON database to be utilized by law enforcement
28if the motor vehicle is involved in a crash or other emergency
29situation rendering the occupant unconscious or otherwise unable
30to communicate with the contact person or persons.
31(i) As authorized by the Legislature in 2001, the Department of
32Motor Vehicles administers the Business Partner Automation
33Program, pursuant to Section 1685 of the Vehicle
Code, to improve
34the quality of registration products and services by licensing
35qualified private industry partners to provide secure electronic
36portals to licensed new motor vehicle dealers so that they may
37perform required registration tasks and services electronically.
38(j) It is the intent of the Legislature in enacting this act to further
39increase the registration benefits of the DMV Business Partner
40Automation Program by allowing a purchaser or lessee of a new
P4 1motor vehicle to voluntarily register at point of sale an emergency
2contact in the VinECON database using electronic programs
3provided by a qualified private industry partner. This act will assist
4police to expeditiously provide VinECON data to the emergency
5department of a general acute care hospital receiving a motor
6vehicle crash victim who is unconscious or otherwise incapable
7of communication.
Section 9956 is added to the Vehicle Code, to read:
(a) This section shall be known, and may be cited, as
10the “Motor Vehicle Emergency Contact Locator Act of 2015.”
11(b) For purposes of this section, “VinECON database” means
12the national law enforcement vehicle identification number
13emergency contact locator database.
14(c) This database shall be established by motor vehicle
15manufacturers, in conjunction with law enforcement agencies and
16the National Law Enforcement Telecommunications System.
17(d) This section applies only to vehicles sold or leased in this
18state on or after January 2, 2016, with a 2017 model year or later.
19(e) (1) A new motor vehicle dealer of a motor vehicle sold or
20leased in this state on or after January 2, 2016, with a 2017 model
21year or later, shall allow a purchaser or lessee of a new motor
22vehicle to voluntarily register at point of sale an emergency contact
23in the VinECON database using electronic programs provided by
24a DMV licensed electronic registration private industry partner.
25(2) A new motor vehicle dealer providing services under
26paragraph (1) may charge the purchaser a VinECON electronic
27registration fee equal to the dealer’s electronic registration costs,
28not to exceed thirty-one dollars ($31).
29(3) A new motor vehicle dealer providing services under
30paragraph (1) may charge the purchaser a VinECON document
31processing fee not to exceed eighty-five dollars ($85).
32(4) The VinECON data stored in the national law enforcement
33vehicle identification number emergency contact locator database
34pursuant to this section shall be made available electronically only
35to authorized law enforcement personnel.
36(5) If a motor vehicle crash victim is rendered unable to
37communicate due to physical injury, law enforcement personnel
38shall, when practicable, expeditiously provide verbal or written
39VinECON data to the emergency department of a general acute
P5 1care hospital receiving a motor vehicle crash victim who is
2unconscious or otherwise incapable of communication.
3(6) Neither the law enforcement officer nor the law enforcement
4agency that employs that law enforcement officer is liable if the
5general acute care hospital is not able to make contact with the
6designated emergency contact person.
7(f) (1) A new motor vehicle dealer shall make a good faith
8effort to register accurate VinECON data as provided by the
9purchaser or lessee at the original retail point of sale using
10electronic programs provided by a qualified private industry
11partner.
12(2) Neither the motor vehicle manufacturer nor the new motor
13vehicle dealer is liable for any liability for damages, costs, or
14expenses, including, but not limited to, consequential damages
15arising or resulting from any inaccurate VinECON data or system
16unavailability.
17(g) A violation of the requirements of this section is a cause for
18discipline pursuant to Section 11705.
If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.
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