New Jersey-2016-S2966-Introduced

An Act concerning emergency contact information and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the "National Motor Vehicle Emergency Contact Registry Act."

2. a. Motor vehicle manufacturers that are engaged in the business of distributing motor vehicles in this State, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System, shall establish a National Motor Vehicle Emergency Contact Registry on or before January 1, 2018 which shall be capable of storing emergency contact information to be accessible by law enforcement officers for the purposes established in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The registry shall be linked to the "Next-of-Kin Registry" established pursuant to P.L.2011, c.47 (C.39:4-134.2 et seq.).

b. Every new motor vehicle dealer licensed pursuant to R.S.39:10-19 and every leasing dealer, as defined in section 2 of P.L.1994, c.190 (C.56:12-61), shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at the point of sale an emergency contact to be stored in the registry.

c. Information in the registry shall be available for the exclusive use of law enforcement officers. Any emergency contact information contained in the registry shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to public records and shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter.

d. The Attorney General shall promulgate guidelines to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):

"Emergency contact" means a person, 18 years of age or older, whom the purchaser or lessee of a new motor vehicle has designated to be contacted by law enforcement personnel when the purchaser or lessee is rendered unable to communicate due to a motor vehicle crash resulting in serious bodily injury, death, or incapacitation of the purchaser or lessee. An emergency contact may or may not be the next-of-kin of the purchaser or lessee.

"Registry" means the National Motor Vehicle Emergency Contact Registry established pursuant to subsection a. of this section.

3. a. When a motor vehicle crash results in serious bodily injury, death, or incapacitation of a driver, rendering the driver unable to communicate, the law enforcement officer investigating the motor vehicle crash shall attempt to locate an emergency contact by accessing the registry established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The law enforcement officer shall, when practicable, expeditiously notify the emergency contact of the driver involved in the motor vehicle crash and inform the emergency contact of the hospital or other location at which the driver may be receiving medical treatment.

b. A law enforcement officer or law enforcement employee shall not be liable to any person for civil damages, or subject to criminal prosecution resulting from or caused by: (1) any disruption or failure in Internet service caused by any accident, malfunction, act of sabotage or God, or any other condition or circumstance that the law enforcement agency, directly or indirectly, caused and which results in, or prevents the law enforcement officers from, accessing the registry; (2) inaccurate or out-dated information contained in the registry; or (3) the inability of any law enforcement officer to make contact, in good faith, with any designated emergency contact person. This limitation of liability is inapplicable if the failure resulted from a malicious purpose or a wanton and willful disregard for the safety of persons or property.

4. a. Every new motor vehicle dealer and leasing dealer shall make a good faith effort to register accurate information in the registry as provided by the purchaser or lessee at the point of sale.

b. A motor vehicle manufacturer, a new motor vehicle dealer, or a leasing dealer shall not be liable for any civil damages or subject to criminal prosecution resulting from inaccurate or out-dated information contained in the registry or any disruption or failure of the system. This limitation of liability is inapplicable if the failure resulted from a malicious purpose or a wanton and willful disregard for the safety of persons or property.

5. This act shall take effect immediately and shall apply to motor vehicles that are a 2020 model year or later and that are sold or leased on or after January 1, 2019.

STATEMENT

This bill requires motor vehicle manufacturers that are engaged in the business of distributing vehicles in this State, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System, to establish the "National Motor Vehicle Emergency Contact Registry" (NMVECR). The registry is to be capable of storing emergency contact information to be accessible by law enforcement officers.

Under the bill, every new motor vehicle dealer and leasing dealer is required to allow a purchaser or lessee of a new motor vehicle to voluntarily register at the point of sale an emergency contact to be stored in the NMVECR. The information is to be available for the exclusive use of law enforcement and is not to be considered a public record.

The bill provides that when a motor vehicle crash results in serious bodily injury, death, or incapacitation of a driver, rendering the driver unable to communicate, the law enforcement officer investigating the motor vehicle crash is required to attempt to locate an emergency contact by accessing the registry. The officer is also required, when practicable, to notify the emergency contact of the driver involved in the crash and inform the emergency contact of the hospital or other location at which the driver may be receiving medical treatment.

A law enforcement officer is immune from civil and criminal liability resulting from: 1) any disruption or failure in Internet service which results in or prevents the officer from accessing the registry; 2) inaccurate or out-dated information contained in the registry; or 3) the inability of the officer to make contact, in good faith, with any designated emergency contact person.

The bill also provides that a motor vehicle manufacturer, a new motor vehicle dealer, or a leasing dealer is immune from civil or criminal liability resulting from inaccurate or out-dated information contained in the registry or any disruption or failure of the system.

The provisions of this bill apply to motor vehicles that are a 2020 model year or later and that are sold or leased on or after January 1, 2019.