SF 439 (LSB 2057SV (1) 89)

SENATE FILE 439

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1181)

(COMPANION TO HF 435 BY COMMITTEE ON PUBLIC SAFETY)

A BILL FOR

An Act relating to emergency contact information for use by the department of transportation and law enforcement, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.197  Emergency contact information.
   1.  The department shall include in the electronic database used by the department and law enforcement to access registration, titling, and driver’s license information a collection of emergency contact information for persons who are issued a driver’s license or nonoperator’s identification card. Emergency contact information in the database shall be confidential and accessible only by employees of the department or a law enforcement agency in the performance of the employee’s official duties, and shall not be considered a public record under chapter 22.
   2.  a.  At the time a person applies for issuance, replacement, or renewal of a driver’s license or nonoperator’s identification card, the department shall request that the applicant voluntarily submit emergency contact information for inclusion in the database. A person may provide the emergency contact information along with or separate from an application for issuance, replacement, or renewal of a driver’s license or nonoperator’s identification card. The department shall not require a person to submit emergency contact information as part of the driver’s license or nonoperator’s identification card issuance, replacement, or renewal process. The department shall accept submitted information without payment of a fee.
   b.  The department shall allow a person to provide the name, address, telephone number, and relationship to the person of no more than two emergency contacts whom the person wishes to be contacted if the person is involved in a motor vehicle accident or emergency situation and the person dies or is seriously injured or rendered unconscious and is unable to communicate with the emergency contact. The department shall accept the emergency contact information provided by a person, but has no duty to verify any of the information provided.
   c.  The emergency contact need not be the next of kin of the person, except that if the person is under eighteen years of age and is not emancipated, the person shall include a parent, guardian, or custodian of the person as an emergency contact.
   3.  In the event of a motor vehicle accident or emergency situation in which a person dies or is seriously injured or rendered unconscious and is unable to communicate with the emergency contact specified in the database, an employee of a law enforcement agency shall make a good-faith effort to notify the emergency contact of the situation based on information in the database, but the department, the law enforcement agency, and the employee shall not be liable if the employee is not able to notify the emergency contact.
   4.  The department shall adopt rules pursuant to chapter 17A necessary to administer this section, including but not limited to rules relating to all of the following: 
   a.  The methods whereby a person who has submitted the information of an emergency contact for inclusion in the database may make changes to that entry.
   b.  The methods whereby a person may opt out of being listed as an emergency contact in the database.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2022.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of transportation (DOT) to include in the electronic database used by the DOT and law enforcement agencies (LEA) to access registration, titling, and driver’s license information a collection of emergency contact information submitted by persons issued a driver’s license or nonoperator’s identification card. In the event of a motor vehicle accident or emergency situation in which a person who provided emergency contact information to the DOT dies or is seriously injured or rendered unconscious and is unable to communicate with the emergency contact, LEA employees are required to make a good-faith effort to notify the emergency contact using the database.
   Under the bill, when a person applies for issuance, replacement, or renewal of a driver’s license or nonoperator’s identification card, the DOT is required to request that the applicant voluntarily submit emergency contact information for inclusion in the database. A person may provide the emergency contact information along with or separate from a driver’s license or nonoperator’s identification card application. The DOT is prohibited from requiring a person to submit emergency contact information as part of the driver’s license or nonoperator’s identification card issuance, replacement, or renewal process. The DOT is required to accept submitted information without payment of a fee.
   The bill requires the DOT to allow a person to provide the name, address, telephone number, and relationship to the person of no more than two emergency contacts whom the person wishes to be contacted if the person is involved in a motor vehicle accident or emergency situation and the person dies or is seriously injured or rendered unconscious and is unable to communicate with the emergency contact. The DOT must accept the emergency contact information provided by a person, but has no duty to verify any of the information provided.
   The emergency contact need not be the next of kin of the person, except that if the person is under 18 years of age and is not emancipated, the person shall include a parent, guardian, or custodian of the person as an emergency contact.
   Information in the database is confidential and only accessible to DOT and LEA employees in the performance of the employee’s official duties and shall not be considered a public record.
   A person may opt out of being listed as an emergency contact pursuant to rules adopted by the DOT.
   The bill limits the liability of the DOT, LEAs, and LEA employees who make a good-faith effort to notify the emergency contact of the emergency situation but are unable to do so.
   The bill takes effect January 1, 2022.