Bill Text: IA HSB136 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to an emergency contact information database for use by the department of transportation and law enforcement, and including effective date provisions.(See HF 435.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-04 - Committee report, recommending amendment and passage. H.J. 301. [HSB136 Detail]
Download: Iowa-2021-HSB136-Introduced.html
House
Study
Bill
136
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
an
emergency
contact
information
database
1
for
use
by
the
department
of
transportation
and
law
2
enforcement,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
321.197
Emergency
contact
1
information
database.
2
1.
The
department
shall
establish
a
database
of
emergency
3
contact
information
for
persons
who
are
issued
a
driver’s
4
license
or
nonoperator’s
identification
card.
Information
5
in
the
database
shall
be
confidential
and
accessible
only
by
6
employees
of
the
department
or
a
law
enforcement
agency
in
the
7
performance
of
the
employee’s
official
duties,
and
shall
not
be
8
considered
a
public
record
under
chapter
22.
9
2.
a.
The
department
shall
provide
an
emergency
contact
10
information
form
to
applicants
seeking
issuance
or
renewal
11
of
a
driver’s
license
or
nonoperator’s
identification
card.
12
The
form
shall
request,
but
not
require,
that
the
person
13
submit
emergency
contact
information
for
inclusion
in
the
14
database.
A
person
may
complete
and
submit
the
form
on
its
own
15
or
with
an
application
for
issuance
or
renewal
of
a
driver’s
16
license
or
nonoperator’s
identification
card.
The
department
17
shall
not
require
the
submission
of
a
completed
emergency
18
contact
information
form
as
part
of
the
driver’s
license
or
19
nonoperator’s
identification
card
issuance
or
renewal
process.
20
The
department
shall
accept
submitted
forms
without
payment
of
21
a
fee.
22
b.
The
emergency
contact
information
form
shall
contain
23
a
space
in
which
a
person
may
provide
the
name,
address,
24
telephone
number,
and
relationship
to
the
person
of
no
more
25
than
two
emergency
contacts
whom
the
person
wishes
to
be
26
contacted
if
the
person
is
involved
in
a
motor
vehicle
accident
27
or
emergency
situation
and
the
person
dies
or
is
seriously
28
injured
or
rendered
unconscious
and
is
unable
to
communicate
29
with
the
emergency
contact.
A
person
may
submit
a
completed
30
emergency
contact
information
form
that
does
not
provide
a
31
response
to
every
section.
32
c.
The
emergency
contact
need
not
be
the
next
of
kin
of
the
33
person,
except
that
if
the
person
is
under
eighteen
years
of
34
age
and
is
not
emancipated,
the
person
shall
include
a
parent,
35
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guardian,
or
custodian
of
the
person
as
an
emergency
contact.
1
d.
A
person
may
opt
out
of
being
listed
as
an
emergency
2
contact
in
the
database
by
declaring
in
a
space
provided
3
on
the
emergency
contact
information
form
that
the
person
4
does
not
consent
to
the
person’s
contact
information
being
5
stored
in
the
database
or
used
by
the
department
and
law
6
enforcement
agency
employees
in
an
emergency
situation.
The
7
department
shall
remove
and
shall
not
retain
any
information
8
previously
collected
under
this
section
for
a
person
listed
9
as
an
emergency
contact
by
another
person
when
the
department
10
receives
the
opt-out
notice.
11
3.
In
the
event
of
a
motor
vehicle
accident
or
emergency
12
situation
in
which
a
person
dies
or
is
seriously
injured
or
13
rendered
unconscious
and
is
unable
to
communicate
with
the
14
emergency
contact
specified
in
the
database,
an
employee
of
a
15
law
enforcement
agency
shall
make
a
good-faith
effort
to
notify
16
the
emergency
contact
of
the
situation
based
on
information
in
17
the
database,
but
the
department,
the
law
enforcement
agency,
18
and
the
employee
shall
not
be
liable
if
the
employee
is
not
19
able
to
notify
the
emergency
contact.
20
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
21
necessary
to
administer
this
section,
including
but
not
limited
22
to
rules
relating
to
all
of
the
following:
23
a.
The
methods
whereby
a
person
who
has
submitted
the
24
information
of
an
emergency
contact
for
inclusion
in
the
25
database
may
make
changes
to
that
entry.
26
b.
The
contents
of
the
emergency
contact
information
form.
27
c.
The
methods
available
to
a
person
to
submit
a
completed
28
form
including
by
in-person
delivery,
mail,
and
through
the
29
department’s
internet
site.
30
d.
The
methods
whereby
a
person
may
opt
out
of
being
listed
31
as
an
emergency
contact
in
the
database.
32
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
33
2022.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
requires
the
department
of
transportation
(DOT)
to
3
create
an
emergency
contact
information
database
which
contains
4
information
for
emergency
contacts
listed
by
a
person
who
5
submits
an
emergency
contact
information
form
to
the
DOT.
In
6
the
event
of
a
motor
vehicle
accident
or
emergency
situation
in
7
which
a
person
who
provided
emergency
contact
information
to
8
the
DOT
dies
or
is
seriously
injured
or
rendered
unconscious
9
and
is
unable
to
communicate
with
the
emergency
contact,
law
10
enforcement
agency
(LEA)
employees
are
required
to
make
a
11
good-faith
effort
to
notify
the
emergency
contact
using
the
12
database.
13
The
DOT
is
required
to
provide
an
emergency
contact
14
information
form
to
persons
seeking
issuance
or
renewal
of
15
a
driver’s
license
or
nonoperator’s
identification
card.
16
However,
any
person
having
a
driver’s
license
or
nonoperator’s
17
identification
card
may
submit
an
emergency
contact
information
18
form
to
the
DOT
in
person,
through
the
mail,
or
online
through
19
the
DOT’s
internet
site.
There
is
no
fee
required
to
submit
20
the
emergency
contact
information
form.
21
Information
in
the
database
is
confidential
and
only
22
accessible
to
DOT
and
LEA
employees
in
the
performance
of
the
23
employee’s
official
duties
and
shall
not
be
considered
a
public
24
record.
25
The
form
allows
a
person
to
provide
the
name,
address,
26
telephone
number,
and
relationship
to
the
person
of
no
more
27
than
two
emergency
contacts
whom
the
person
wishes
to
be
28
contacted
if
the
person
is
involved
in
a
motor
vehicle
accident
29
or
emergency
situation
and
later
dies
or
is
seriously
injured
30
or
rendered
unconscious
and
is
unable
to
communicate
with
the
31
emergency
contact.
A
person
may
submit
a
completed
emergency
32
contact
information
form
that
does
not
provide
a
response
to
33
every
section.
34
The
emergency
contact
need
not
be
the
next
of
kin
of
the
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person,
except
that
if
the
person
is
under
18
years
of
age
1
and
is
not
emancipated,
the
person
shall
include
a
parent,
2
guardian,
or
custodian
of
the
person
as
an
emergency
contact.
3
A
person
may
opt
out
of
being
listed
as
an
emergency
contact.
4
The
bill
requires
the
DOT
to
remove
and
prohibits
the
DOT
5
from
retaining
any
information
previously
collected
under
the
6
bill
for
a
person
listed
as
an
emergency
contact
when
the
DOT
7
receives
the
opt-out
notice.
8
The
bill
limits
the
liability
of
the
DOT,
LEAs,
and
LEA
9
employees
who
make
a
good-faith
effort
to
notify
the
emergency
10
contact
of
the
emergency
situation
but
are
unable
to
do
so.
11
The
bill
takes
effect
January
1,
2022.
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