2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 02:12pm
A bill for an act
relating to public safety; requiring wireless telecommunications service providers
to provide call locations for emergencies; providing for the Kelsey Smith Act;
amending Minnesota Statutes 2008, sections 626A.01, by adding a subdivision;
626A.28, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 626A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 626A.01, is amended by adding a
subdivision to read:
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"Wireless
telecommunications service provider" means a provider of commercial mobile services, as
that term is defined in United States Code, title 47, section 332(d), including all broadband
personal communications services, wireless radio services, and incumbent wide area
specialized mobile radio licensees, that offers real-time, two-way service interconnected
with the public switched telephone network and that is doing business in Minnesota.
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This section is effective August 1, 2010.
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(a) Notwithstanding section 626A.28, subdivision 3, upon receipt of a written
request from an investigative or law enforcement officer stating that the disclosure of
call location information is needed in an emergency situation that involves the risk of
death or serious physical harm to the user of a telecommunications device, a wireless
telecommunications service provider shall provide the requested call location information
concerning the device to the requesting officer.
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(b) This section does not prohibit a wireless telecommunications service provider
from establishing protocols for the disclosure of call location information.
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(c) The bureau shall obtain contact information for all wireless telecommunications
service providers authorized to do business in Minnesota or submitting to the jurisdiction
of this state in order to facilitate a request from an investigative or law enforcement
officer for call location information under this section. The bureau shall disseminate this
information on a quarterly basis, or immediately as changes occur, to all public safety
answer points in the state.
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This section is effective August 1, 2010.
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Minnesota Statutes 2008, section 626A.28, subdivision 5, is amended to read:
No
cause of action lies in any court against any provider of wire or electronic communication
service, its officers, employees, agents, or other specified persons for providingnew text begin :
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new text begin (1)new text end information, facilities, or assistance in accordance with the terms of a court order,
warrant, subpoena, or certification under sections 626A.26 to 626A.34new text begin ; or
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new text begin (2) call location information as provided in section 626A.275new text end .
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This section is effective August 1, 2010.
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This act shall be known as the Kelsey Smith Act.
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