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 Reengrossed 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.
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.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Modify the definition of the term "law enforcement agency" for clarification.