Bill Text: CA AB397 | 2013-2014 | Regular Session | Amended
Bill Title: Vehicles: emergency contact locator database.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB397 Detail]
Download: California-2013-AB397-Amended.html
BILL NUMBER: AB 397 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Fox
(Coauthor: Senator Price)
FEBRUARY 15, 2013
An act to add Section 9956 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
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 the "Gilani Taylor Emergency
Contact Locator Act of 2012" California Motor Vehicle
Emergency Contact Locator Act of 2013 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:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 2009 more than 3,000 people in California died as a result
of car crashes, one person killed every two and one-half hours and
about one person injured every two minutes.
(b) Each year more than 241,873 people are injured in crashes and
collisions and about 4.9 percent of these are serious, life-altering
injuries.
(c) Contrary to popular belief, law enforcement does not have
immediate access to family contact information or next-of-kin data
following a car crash involving individuals who are unconscious or
unable to communicate, as 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) Meanwhile, hours elapse as family members are not notified and
crash victims enter the emergency health care system without the
benefit of family members to advocate on their behalf or provide
added-value information to enhance the medical care of crash victims,
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 policy resolution entitled "Federated VIN#
Emergency Contact Registry (ECON) Initiative" was adopted by the
American Association of State Highway and Transportation Officials'
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) This policy resolution encourages states and automotive
manufacturers to collaborate and cooperate on the development and
deployment of a federated vehicle identification number emergency
contact registry, which is also known as VIN# ECON, thereby improving
postcrash care and survivability for crash victims on our nation's
roadways.
(g) A purchaser or lessee of a new motor vehicle in this state
should have the right to voluntarily designate at the original retail
point of sale an emergency contact to be stored in a national law
enforcement vehicle identification number emergency contact locator
(VIN# ECON) database to be utilized by law enforcement if the motor
vehicle is involved in an accident or other emergency situation
rendering the occupant unconscious or otherwise unable to communicate
with the contact person or persons.
(h) This act will assist law enforcement in expeditiously
notifying a designated emergency contact when the motor vehicle is
involved in an accident or other emergency situation rendering the
occupant unconscious or otherwise unable to communicate with the
contact person or persons.
SEC. 2. Section 9956 is added to the Vehicle Code, to read:
9956. (a) This section may be known and cited as the
"Gilani Taylor Emergency Contact Locator Act of 2013."
California Motor Vehicle Emergency Contact Locator Act of 2013.
(b) For purposes of this section, "VIN# ECON database" means 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.
(c) This section applies only to vehicles sold or leased in this
state on or after January 2, 2014, with a 2014 model year or later.
(d) (1) A motor vehicle manufacturer of a new motor vehicle sold
or leased in this state shall provide a means by which a purchaser or
lessee of a new motor vehicle can voluntarily designate at original
retail point of sale an emergency contact to be stored in a VIN# ECON
database that may be utilized by law enforcement if the motor
vehicle is involved in an accident or other emergency situation
rendering the occupant unconscious or otherwise unable to communicate
with the contact person or persons. For purposes of this section,
the emergency contact person is not required to be the purchaser's or
lessee's next of kin.
(2) The emergency contact information stored in the national law
enforcement emergency contact locator database pursuant to this
section shall be made available electronically only to authorized law
enforcement.
(3) If a vehicle occupant is rendered unable to communicate due to
physical injury, law enforcement personnel shall, when practicable,
expeditiously notify the registered owner's emergency contact.
(4) Neither the law enforcement officer nor the law enforcement
agency that employs that law enforcement officer shall incur any
liability if the law enforcement officer is not able to make contact
with the designated emergency contact person.
(e) (1) A motor vehicle manufacturer shall make a good faith
effort to collect accurate data as provided by the purchaser or
lessee at the original retail point of sale and to provide that
information to the VIN# ECON database.
(2) The motor vehicle manufacturer is not liable for any damages,
costs, or expenses, including, but not limited to, consequential
damages, arising or resulting from any inaccurate data or system
unavailability.
(f) A manufacturer of a new motor vehicle sold or leased in this
state shall establish a public awareness campaign to educate new
vehicle purchasers or lessees of the importance of submitting the
name and phone number of an emergency contact to the VIN# ECON
database. The manufacturer may establish this public awareness
campaign individually or in conjunction with other manufacturers.
This public awareness campaign shall include, but is not limited to,
listing access to the VIN# ECON database as a standard equipment
specification on the new vehicle original window sticker.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
