SF 1338

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; permitting use of 911 data to notify the public of an
emergency; providing immunity for telecommunications service providers;
amending Minnesota Statutes 2006, section 403.07, subdivisions 4, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:

Subd. 4.

Use of furnished information.

new text begin (a) new text end Names, addresses, and telephone
numbers provided to a 911 system under subdivision 3 are private data and may be used
only deleted text begin for identifying deleted text end new text begin : (1) to identify new text end the location or identity, or both, of a person calling
a 911 public safety answering point new text begin ; or (2) by a public safety answering point to notify
the public of an emergency new text end . The information furnished under subdivision 3 may not be
used or disclosed by 911 system agencies, their agents, or their employees for any other
purpose except under a court order.

new text begin (b) For purposes of this subdivision, "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public by the
public safety answering point is essential.
new text end

Sec. 2.

Minnesota Statutes 2006, section 403.07, subdivision 5, is amended to read:

Subd. 5.

Liability.

(a) A wire-line telecommunications service provider,
its employees, or its agents are not liable to any person who uses enhanced 911
telecommunications service for release of subscriber information required under this
chapter to any public safety answering point.

(b) A wire-line telecommunications service provider is not liable to any person for
the good faith release to emergency communications personnel of information not in the
public record, including, but not limited to, nonpublished or nonlisted telephone numbers.

(c) A wire-line telecommunications service provider, its employees, or its agents are
not liable to any person for civil damages resulting from or caused by any act or omission
in the development, design, installation, operation, maintenance, performance, or provision
of enhanced 911 telecommunications service, except for willful or wanton misconduct.

(d) A multiline telephone system manufacturer, provider, or operator is not liable
for any civil damages or penalties as a result of any act or omission, except willful or
wanton misconduct, in connection with developing, designing, installing, maintaining,
performing, provisioning, adopting, operating, or implementing any plan or system
required by section 403.15.

new text begin (e) A telecommunications service provider that participates in or cooperates with
the public safety answering point in notifying the public of an emergency, as authorized
under subdivision 4, is immune from liability arising out of the notification except for
willful or wanton misconduct.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end