An act to add Section 9956 to the Vehicle Code, relating to vehicles.

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.

Summary: 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.