HLS 15RS-767 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 456
BY REPRESENTATIVES THIERRY, CARMODY, COX, HALL, HOLLIS, JACKSON,
MIGUEZ, ORTEGO, OURSO, PIERRE, PONTI, PRICE, REYNOLDS, TALBOT,
AND WOODRUFF
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TELECOMMUNICATIONS: Requires commercial mobile service providers and
telecommunications carriers to disclose call location information to law enforcement
agencies during emergency situations
1 AN ACT
2To enact Chapter 8-L of Title 45 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 45:844.61 through 844.67, relative to commercial mobile service providers
4 and telecommunications carriers; to provide for a short title; to provide for
5 definitions; to require disclosure of call location information in emergency
6 situations; to provide for limited liability; to allow for protocols relative to voluntary
7 disclosure of call location information; to provide for an emergency contact listing;
8 to provide for enforcement; to provide for rules and regulations; to provide for
9 special effectiveness dates; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Chapter 8-L of Title 45 of the Louisiana Revised Statutes of 1950,
12comprised of R.S. 45:844.61 through 844.67, is hereby enacted to read as follows:
13 CHAPTER 8-L. LOUISIANA KELSEY SMITH ACT
14 §844.61. Short title
15 This Chapter shall be known and may be cited as "The Louisiana Kelsey
16 Smith Act".
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HB NO. 456
1 §844.62. Definitions
2 As used in this Chapter, the following terms and phrases have the meanings
3 hereinafter ascribed to them:
4 (1) "Department" means the Louisiana Department of Public Safety and
5 Corrections.
6 (2) "Emergency" means an actual or imminent threat that may result in or
7 involve the danger of death or serious physical harm.
8 (3) "Law enforcement agency" means any full-time employee of the state,
9 a municipality, a sheriff, or other public agency, whose permanent duties actually
10 include the making of arrests, the performing of searches and seizures, or the
11 execution of criminal warrants, and is responsible for the prevention or detection of
12 crime or for the enforcement of the penal, traffic, or highway laws of this state.
13 (4) "Telecommunications service" means the two-way transmission of signs,
14 signals, writing, images, sounds, messages, data, or other information of any nature
15 by wire, radio, light waves, or other electromagnetic means offered to the public
16 generally.
17 §844.63. Disclosure of call location information
18 A commercial mobile service provider or telecommunications carrier as
19 identified in or regulated by 47 U.S.C. 332(d)(1) and 47 CFR Parts 20, 22, and 24
20 shall, in an emergency situation, provide the following information upon the request
21 of a law enforcement agency:
22 (1) The call location information concerning the user of a commercial mobile
23 service or telecommunications service when necessary to enable the law enforcement
24 agency to respond to a call for emergency service by a subscriber, customer, or user
25 of a telecommunications service as identified in this Chapter.
26 (2) The call location information obtained by any means of technology,
27 which is either available or required pursuant to 47 CFR Part 20, when disclosure of
28 that information relating to the emergency is required. The call location information
29 as identified in this Paragraph shall be disclosed to the law enforcement agency
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HB NO. 456
1 making the request when it is reasonable to expect that any delay in the disclosure
2 may result in or involve the danger of death or serious physical harm.
3 §844.64. Liability
4 No commercial mobile service provider, telecommunications carrier, or its
5 officers, employees, agents, or other designees, shall be held liable for:
6 (1) Providing any information, facilities, or assistance to a law enforcement
7 agency in response to a request made pursuant to this Chapter.
8 (2) Providing any information, facilities, or assistance to a law enforcement
9 agency by means of any method, plan, system, or technology as required by this
10 Chapter.
11 (3) Causing any loss, damage, or other injury, whether to person or property,
12 that results from a disruption or loss of communication service during an emergency
13 situation, except in the case of gross negligence, recklessness, or intentional
14 misconduct.
15 §844.65. Protocols
16 Notwithstanding any other provision of law, nothing in this Chapter prohibits
17 a commercial mobile service provider or telecommunications carrier from
18 establishing protocols by which such a provider or carrier can voluntarily disclose
19 call location information.
20 §844.66. Emergency contact listing
21 A. Any commercial mobile service provider or telecommunications carrier
22 who is registered to do business in Louisiana or submits to the jurisdiction thereof
23 shall submit its emergency contact information to the Louisiana Department of
24 Public Safety and Corrections in order to facilitate a request for call location
25 information made by a law enforcement agency in accordance with this Chapter.
26 This emergency contact information shall be submitted in writing and shall be
27 submitted annually on or before January fifteenth of each year and immediately upon
28 any change in the contact information.
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1 B. The department shall maintain a listing containing the emergency contact
2 information for any commercial mobile service provider or telecommunications
3 carrier who is registered to do business in Louisiana or submits to the jurisdiction
4 thereof and shall make the information immediately available to any law
5 enforcement agency acting in accordance with this Chapter.
6 §844.67. Violations; enforcement
7 A. No commercial mobile service provider or telecommunications carrier
8 shall intentionally violate or fail to perform any duty imposed by the provisions of
9 this Chapter.
10 B. The department and any law enforcement agency may enforce the
11 provisions of this Chapter.
12 Section 2. The Louisiana Department of Public Safety and Corrections shall
13promulgate, in accordance with the Administrative Procedure Act, any rules and regulations
14necessary to implement the provisions of this Act.
15 Section 3. Section 1 of this Act shall become effective on January 1, 2016.
16 Section 4. The provisions of this Section and Sections 2 and 3 of this Act shall
17become effective upon signature of this Act by the governor or, if not signed by the
18governor, upon expiration of the time for bills to become law without signature by the
19governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If this Act
20is vetoed by the governor and subsequently approved by the legislature, the provisions of
21this Section and Sections 2 and 3 of this Act shall become effective on the day following
22such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 456 Engrossed 2015 Regular Session Thierry
Abstract: Requires commercial mobile service providers and telecommunications carriers
to disclose call location information to law enforcement agencies during emergency
situations and allows for the establishment of procedures.
Proposed law enacts the Louisiana Kelsey Smith Act.
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HB NO. 456
Proposed law enumerates definitions for the purposes of proposed law in order to provide
for clarification.
Proposed law defines "commercial mobile service providers" and "telecommunications
carriers" as they are identified and regulated by specified federal law. Proposed law
identifies the emergency circumstances in which a law enforcement agency may require a
commercial mobile service provider or telecommunications carrier to provide them with
specific call location information.
Proposed law provides limited liability for commercial mobile service providers,
telecommunications carriers, and their officers, employees, agents, or other designees when
disclosing call location information to law enforcement agencies pursuant to the provisions
of proposed law.
Proposed law allows commercial mobile service providers and telecommunications carriers
to maintain or establish protocols by which they may voluntarily disclose call location
information.
Proposed law requires commercial mobile service providers and telecommunications carriers
who are either registered to do business in Louisiana or submit to the jurisdiction thereof to
annually submit their emergency contact information to the Dept. of Public Safety and
Corrections (DPS&C) to facilitate requests made by law enforcement agencies pursuant to
the provisions of proposed law. Proposed law requires the DPS&C to maintain a listing of
the emergency contact information they receive from commercial mobile service providers
and telecommunications carriers.
Proposed law empowers the DPS&C and law enforcement agencies of this state to enforce
the provisions of proposed law.
Proposed law directs the DPS&C to promulgate any rules and regulations in accordance with
the Administrative Procedure Act necessary to implement the provisions of proposed law.
Proposed law provides for effective dates.
(Adds R.S. 45:844.61-844.67)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Remove a nonexclusive list from the defined term "law enforcement agency".
3. Remove authorization permitting the Dept. of Public Safety and Corrections
("DPS&C") to promulgate specified rules or regulation relative to penalties for
violations.
4. Remove reference to an establishment of a schedule of fines for violations.
5. Authorize the DPS&C to promulgate rules and regulations in accordance with
the Administrative Procedure Act necessary to implement the provisions of
proposed law.
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