House File 54 - Introduced HOUSE FILE 54 BY HEARTSILL A BILL FOR An Act requiring wireless communications service providers 1 to provide call locations in circumstances of emergency, 2 making penalties applicable, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1177YH (9) 86 ad/sc
H.F. 54 Section 1. NEW SECTION . 34A.16 Request for call location. 1 1. A wireless communications service provider shall 2 provide call location information concerning a device to a 3 law enforcement agency or officer upon a request for that 4 information if the law enforcement agency determines the 5 information is needed in an emergency situation that involves 6 the risk of death or serious physical harm. 7 2. Notwithstanding any provision of law to the contrary, 8 nothing in this section prohibits a wireless communications 9 service provider from establishing protocols by which the 10 provider could voluntarily disclose call location information 11 to a law enforcement agency or officer upon a request for that 12 information. 13 3. A claim or cause of action may not be brought against 14 any wireless communications service provider or employee for 15 providing call location information while acting in good faith 16 and in accordance with the provisions of this section. 17 4. a. Wireless communications service providers authorized 18 to do business in the state of Iowa, or submitting to 19 the jurisdiction of Iowa, and all resellers of wireless 20 communications services authorized to do business in the 21 state shall submit contact information to the department of 22 public safety, division of criminal investigation, in order to 23 facilitate requests from law enforcement agencies pursuant to 24 this section. Wireless communications service providers and 25 resellers of wireless communications services shall submit this 26 contact information annually by June 15 or immediately upon any 27 change in contact information. 28 b. The division of criminal investigation shall maintain 29 a database containing emergency contact information for all 30 wireless communications service providers and all resellers of 31 wireless communications services authorized to do business in 32 the state and shall make the information immediately available 33 upon request to all public safety answering points in the 34 state. 35 -1- LSB 1177YH (9) 86 ad/sc 1/ 2
H.F. 54 5. A person filing a false report with law enforcement that 1 results in a request for call location information under this 2 section may be subject to criminal penalty pursuant to section 3 718.6. 4 Sec. 2. RULES. The division of criminal investigation 5 shall, by December 31, 2015, adopt rules to implement and 6 administer this Act. 7 Sec. 3. EFFECTIVE DATE. The section of this Act enacting 8 section 34A.16 takes effect January 1, 2016. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill enacts new Code section 34A.16 requiring wireless 13 communications service providers to provide call location 14 information concerning a device upon the request of a law 15 enforcement agency or officer. The agency or officer may 16 request the call location information for emergency situations 17 involving the risk of death or serious harm. The bill states 18 that a claim or cause of action may not be brought against 19 wireless communications service providers or employees when 20 acting in good faith in accordance with the bill. The bill 21 also requires wireless communications service providers and 22 resellers to provide contact information to the division of 23 criminal investigation of the department of public safety. The 24 bill provides that the division of criminal investigation is 25 required to maintain a database containing this information 26 and the information is to be made immediately available upon 27 request to all public safety answering points in the state. 28 New Code section 34A.16 takes effect January 1, 2016. 29 -2- LSB 1177YH (9) 86 ad/sc 2/ 2