HF 447 (LSB 1177HV (5) 86)

HOUSE FILE 447

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 54)

(As Amended and Passed by the House 2015-03-11)

A BILL FOR

An Act requiring wireless communications service providers to provide call locations in circumstances of emergency, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  34A.16  Request for call location.
   1.  A wireless communications service provider shall provide call location information concerning a device to a law enforcement agency or officer or a public safety answering point upon a request for that information if the law enforcement agency or public safety answering point determines the information is needed in an emergency situation that involves the risk of death or serious physical harm.
   2.  Notwithstanding any provision of law to the contrary, nothing in this section prohibits a wireless communications service provider from establishing protocols by which the provider could voluntarily disclose call location information to a law enforcement agency or officer or a public safety answering point upon a request for that information.
   3.  A claim or cause of action may not be brought against any wireless communications service provider or employee for providing call location information while acting reasonably and in good faith and in accordance with the provisions of this section.
   4.  a.  Wireless communications service providers authorized to do business in the state of Iowa, or submitting to the jurisdiction of Iowa, and all resellers of wireless communications services authorized to do business in the state shall submit contact information to the department of public safety in order to facilitate requests from law enforcement agencies or public safety answering points pursuant to this section. Wireless communications service providers and resellers of wireless communications services shall submit this contact information annually by June 15 or immediately upon any change in contact information.
   b.  The department of public safety shall maintain a database containing emergency contact information for all wireless communications service providers and all resellers of wireless communications services authorized to do business in the state and shall make the information immediately available upon request to any law enforcement agency or public safety answering point in the state.
   5.  A person filing a false report with, or providing false information to, a law enforcement agency or a public safety answering point that results in a request for call location information under this section may be subject to criminal penalty pursuant to section 718.6.
    Sec. 2.  RULES.  The department of public safety shall, by December 31, 2015, adopt rules to implement and administer this Act.
    Sec. 3.  EFFECTIVE DATE.  The section of this Act enacting section 34A.16 takes effect January 1, 2016.