Bill Text: CA AB1264 | 2015-2016 | Regular Session | Introduced
Bill Title: Vehicles: emergency contact locator database.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1264 Detail]
Download: California-2015-AB1264-Introduced.html
BILL NUMBER: AB 1264 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Medina
(Coauthor: Senator Allen)
FEBRUARY 27, 2015
An act to add Section 9956 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
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:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 2011, there were 29,757 fatal motor vehicle crashes and
1,530,000 nonfatal serious injury crashes in the United States.
(b) Existing law requires, within 24 hours of the arrival of a
patient in the emergency department of a general acute care hospital,
including a motor vehicle crash victim, who is unconscious or
otherwise incapable of communication, the hospital to make reasonable
efforts to contact the patient's agent, surrogate, or a family
member or other person the hospital reasonably believes has the
authority to make health care decisions on behalf of the patient.
(c) Contrary to popular belief, emergency medical technicians and
law enforcement do not have immediate access to family contact
information following a motor vehicle crash involving individuals who
are unconscious or unable to communicate, and, typically, on-scene
law enforcement resort to searching personal belongings, such as a
wallet, driver's license, glove compartment, or cell phone for leads
to the identity of a family member or next of kin.
(d) Critical hours elapse as family members are not notified and
unconscious motor vehicle crash victims enter the emergency
department of a general acute care hospital without the benefit of
family members to advocate on their behalf or provide important
information to enhance medical care, as there is a national average
of six hours' lack of notice for in-state incidents and over two days'
lack of notice for out-of-state incidents.
(e) In 2008, a VinECON policy resolution was adopted by the
American Association of State Highway and Transportation Officials'
(AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on
Safety Management, with the support and assistance of the Healthcare
Information Technology Standards Panel, the International
Association of Chiefs of Police, the International Association of
Fire Chiefs, the National Association of State EMS Officials, the
International Association of Public-Safety Communications Officials,
and the Governors Highway Safety Association.
(f) The AASHTO VinECON policy resolution encouraged motor vehicle
manufacturers to establish a national law enforcement vehicle
identification number emergency contact locator database, in
conjunction with the National Law Enforcement Telecommunication
System (Nlets).
(g) As authorized by the City of Los Angeles in 2013, pursuant to
Council File No. 13-0002-S3, the City of Los Angeles adopted a
resolution seeking a sponsor of California legislation to the Vehicle
Code, relating to vehicles enforcing the AASHTO VinECON policy
resolution.
(h) A purchaser or lessee of a new motor vehicle from a new motor
vehicle dealer in this state should have the right to voluntarily
register at the point of sale an emergency contact to be stored in
the VinECON database to be utilized by law enforcement if the motor
vehicle is involved in a crash or other emergency situation rendering
the occupant unconscious or otherwise unable to communicate with the
contact person or persons.
(i) As authorized by the Legislature in 2001, the Department of
Motor Vehicles administers the Business Partner Automation Program,
pursuant to Section 1685 of the Vehicle Code, to improve the quality
of registration products and services by licensing qualified private
industry partners to provide secure electronic portals to licensed
new motor vehicle dealers so that they may perform required
registration tasks and services electronically.
(j) It is the intent of the Legislature in enacting this act to
further increase the registration benefits of the DMV Business
Partner Automation Program by allowing a purchaser or lessee of a new
motor vehicle to voluntarily register at point of sale an emergency
contact in the VinECON database using electronic programs provided by
a qualified private industry partner. This act will assist police to
expeditiously provide VinECON data to the emergency department of a
general acute care hospital receiving a motor vehicle crash victim
who is unconscious or otherwise incapable of communication.
SEC. 2. Section 9956 is added to the Vehicle Code, to read:
9956. (a) This section shall be known, and may be cited, as the
"Motor Vehicle Emergency Contact Locator Act of 2015."
(b) For purposes of this section, "VinECON database" means the
national law enforcement vehicle identification number emergency
contact locator database.
(c) This database shall be established by motor vehicle
manufacturers, in conjunction with law enforcement agencies and the
National Law Enforcement Telecommunications System.
(d) This section applies only to vehicles sold or leased in this
state on or after January 2, 2016, with a 2017 model year or later.
(e) (1) A new motor vehicle dealer of a motor vehicle sold or
leased in this state on or after January 2, 2016, with a 2017 model
year or later, shall allow a purchaser or lessee of a new motor
vehicle to voluntarily register at point of sale an emergency contact
in the VinECON database using electronic programs provided by a DMV
licensed electronic registration private industry partner.
(2) A new motor vehicle dealer providing services under paragraph
(1) may charge the purchaser a VinECON electronic registration fee
equal to the dealer's electronic registration costs, not to exceed
thirty-one dollars ($31).
(3) A new motor vehicle dealer providing services under paragraph
(1) may charge the purchaser a VinECON document processing fee not
to exceed eighty-five dollars ($85).
(4) The VinECON data stored in the national law enforcement
vehicle identification number emergency contact locator database
pursuant to this section shall be made available electronically only
to authorized law enforcement personnel.
(5) If a motor vehicle crash victim is rendered unable to
communicate due to physical injury, law enforcement personnel shall,
when practicable, expeditiously provide verbal or written VinECON
data to the emergency department of a general acute care hospital
receiving a motor vehicle crash victim who is unconscious or
otherwise incapable of communication.
(6) Neither the law enforcement officer nor the law enforcement
agency that employs that law enforcement officer is liable if the
general acute care hospital is not able to make contact with the
designated emergency contact person.
(f) (1) A new motor vehicle dealer shall make a good faith effort
to register accurate VinECON data as provided by the purchaser or
lessee at the original retail point of sale using electronic programs
provided by a qualified private industry partner.
(2) Neither the motor vehicle manufacturer nor the new motor
vehicle dealer is liable for any liability for damages, costs, or
expenses, including, but not limited to, consequential damages
arising or resulting from any inaccurate VinECON data or system
unavailability.
(g) A violation of the requirements of this section is a cause for
discipline pursuant to Section 11705.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
