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HB0126 • 2020

Emergency call location information.

AN ACT relating to emergency telephone service; requiring wireless carriers and service suppliers to provide call location information to law enforcement in emergency situations as specified; providing immunity; defining terms; and providing for an effective date.

Parental Rights
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Washut
Last action
2020-03-13
Official status
enrolled
Effective date
7/1/2020

Plain English Breakdown

The summary does not provide specific details on how companies can set up their own rules for sharing call location information when not required by the law.

Emergency Call Location Information Act

This law requires wireless companies to give location information about emergency calls to police or other emergency responders if there is reasonable suspicion of an emergency situation involving risk of death or serious harm.

What This Bill Does

  • Requires wireless carriers and service suppliers to provide call location information for telecommunications devices to law enforcement or a public safety answering point if the device was used to place a 911 call requesting emergency assistance, or there is reasonable suspicion that the device is in possession of an individual involved in an emergency situation involving risk of death or serious physical harm.
  • Keeps records of requests made by law enforcement for this information, including why it was needed.
  • Allows companies to set up their own rules for sharing call location information when not required by the law.
  • Gives the statewide 911 coordinator contact details from wireless carriers and service providers to help with emergency calls.

Who It Names or Affects

  • Wireless carriers and service suppliers
  • Law enforcement agencies and public safety answering points

Terms To Know

Emergency situation
A dangerous or urgent event that needs immediate help.
Reasonable suspicion
When someone has a good reason to think something bad might be happening, but they don't have proof yet.

Limits and Unknowns

  • The law only applies when there is reasonable suspicion of an emergency situation involving risk of death or serious harm.
  • It does not cover situations where the person making the call is not in immediate danger.
  • Companies must follow federal laws as well, which may limit how they can share information.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0126HS001

Standing Committee • House Judiciary Committee

Adopted

Plain English: The amendment changes how wireless carriers can share location information during emergencies by allowing them to do so based on a request from a guardian or immediate family member if there is reason to believe the user is in danger.

  • Adds conditions under which wireless carriers and service suppliers may provide call location information to law enforcement when they receive an emergency request from a device user's guardian or immediate family members, provided there is reasonable suspicion that the user is involved in an emergency situation posing risk of death or serious physical harm.
  • The amendment text does not specify all possible scenarios and limitations for sharing location information, which may be addressed elsewhere in the bill.
HB0126S2001

2nd reading • Senator Von Flatern

Adopted

Plain English: The amendment changes the conditions under which wireless carriers and service suppliers must provide location information to law enforcement during emergencies.

  • Adds a new requirement that providers give location data if there is reasonable suspicion that the device belongs to someone in an emergency situation involving risk of death or serious physical harm.
  • The amendment text does not specify all details about how this change will be implemented or enforced, leaving some aspects unclear.

Bill History

  1. 2020-03-13 LSO

    Assigned Chapter Number 98

  2. 2020-03-13 Governor

    Governor Signed HEA No. 0075

  3. 2020-03-12 Senate

    S President Signed HEA No. 0075

  4. 2020-03-12 House

    H Speaker Signed HEA No. 0075

  5. 2020-03-11 LSO

    Assigned Number HEA No. 0075

  6. 2020-03-11 House

    H Concur:Passed 55-4-1-0-0

  7. 2020-03-10 House

    H Received for Concurrence

  8. 2020-03-10 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  9. 2020-03-09 Senate

    S 2nd Reading:Passed

  10. 2020-03-06 Senate

    S COW:Passed

  11. 2020-03-05 Senate

    S Placed on General File

  12. 2020-03-05 Senate

    S08 - Transportation:Recommend Do Pass 5-0-0-0-0

  13. 2020-02-28 Senate

    S Introduced and Referred to S08 - Transportation

  14. 2020-02-27 Senate

    S Received for Introduction

  15. 2020-02-26 House

    H 3rd Reading:Passed 54-5-1-0-0

  16. 2020-02-25 House

    H 2nd Reading:Passed

  17. 2020-02-24 House

    H COW:Passed

  18. 2020-02-20 House

    H Placed on General File

  19. 2020-02-20 House

    H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0

  20. 2020-02-11 House

    H Introduced and Referred to H01 - Judiciary 57-1-2-0-0

  21. 2020-02-07 House

    H Received for Introduction

  22. 2020-02-07 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0444
Bill No.:

HB0126

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0444

Enrolled Act No.:

HEA No. 0075

Chapter No.:

98

Prime Sponsor:

Washut

Catch Title:

Emergency call location information.

Subject:

Providing call location information in an emergency.

Summary/Major Elements:

The act requires wireless carriers and service suppliers to provide call location information for telecommunications devices to law enforcement or a public safety answering point if:

The device was used to place a 911 call requesting emergency assistance; or
There is reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves the risk of death or serious physical harm.

The act requires that records be kept of officers requesting call location information, including a description that explains the need for the disclosure.

The act provides that wireless carriers and service suppliers may establish protocols for voluntarily disclosing call location information.

The statewide 911 coordinator shall maintain updated direct contact information for wireless carriers and services suppliers and each carrier or supplier must update the 911 coordinator with any changes.

The act provides immunity to any public service answering point, wireless carrier, service supplier or any other person who provides call location information pursuant to the act.

Comments:

Popular name (nationally): Kelsey Smith Act

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
20LSO-0444

ORIGINAL House

ENGROSSED
Bill No
.
HB0126

ENROLLED ACT NO. 75,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to emergency telephone service; requiring wireless carriers and service suppliers to provide call location information to law enforcement in emergency situations as specified; providing immunity; defining terms; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 16
‑
9
‑
111 is created to read:

16
‑
9
‑
111.

Providing call location information in an emergency.

(a)

At the request of a law enforcement agency officer or an employee or other agent of a public safety answering point on behalf of a law enforcement agency, who is acting in the course of the official duties of the officer or agent, a wireless carrier or service supplier shall provide, subject to any limitations under applicable federal law, available call location information of a telecommunications device without delay if the officer or agent asserts:

(i)

That the device was used to place a 911 call requesting emergency assistance; or

(ii)

Reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves the risk of death or serious physical harm.

(b)

If a law enforcement agency officer, or an employee or other agent of a public safety answering point acting on behalf of such an officer, submits a request for location information to a wireless carrier or service
supplier under subsection (a) of this section, the law enforcement agency employing the officer shall maintain a record of the request that includes each of the following:

(i)

The name of the officer or agent making the request or, in the case of a request made by an agent, the name of the officer on whose behalf the agent is acting;

(ii)

A description of the request that explains the need for disclosure of location information;

(iii)

A declaration that disclosure of location information is needed based on the conditions described in paragraph (a)(i) or (ii) of this section.

(c)

A wireless carrier or service supplier may establish protocols by which the carrier or supplier voluntarily discloses call location information.

(d)

The statewide 911 coordinator shall obtain direct contact information from all wireless carriers and service suppliers authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for call location information under this section. All wireless carriers and service suppliers shall inform the statewide 911 coordinator of any changes to their direct contact information. The statewide 911 coordinator shall disseminate the direct contact information to each public safety answering point in this state.

Section 2.

W.S. 16
‑
9
‑
102(a)(x) and by creating a new paragraph (xviii) and 16
‑
9
‑
108 are amended to read:

16
‑
9
‑
102.

Definitions.

(a)

As used in this act:

(x)

"This act" means W.S. 16
‑
9
‑
101 through
16
‑
9
‑
110
16
‑
9
‑
111
;

(xviii)

"Law enforcement agency" means as defined in W.S. 7
‑
3
‑
902(a)(i).

16
‑
9
‑
108.

Immunity for providers.

No basic emergency service provider or service supplier and no employee or agent thereof shall be liable to any person or entity for infringement or invasion of the right of privacy of any person caused or claimed to have been caused, directly or indirectly, by any act or omission in connection with the installation, operation, maintenance, removal, presence, condition, occasion or use of emergency service features, automatic number identification
,

or
automatic location identification services
or provision in an emergency of call location information
and the equipment associated therewith, including the identification of the telephone number, address or name associated with the telephone used by the person accessing 911 service, wireless automatic number identification, wireless automatic location identification service or text to 911 service. A governmental entity, public safety agency, local exchange access company, telephone exchange access company or wireless carrier that provides access to an emergency system or any officers, agents or employees thereof is not liable as a result of any act or omission except willful and wanton misconduct or gross negligence in connection with developing, adopting, operating or implementing emergency telephone service, enhanced wireless 911 service,
text to 911 service or any 911 system.
No public service answering point, wireless carrier, service supplier or any other person shall be civilly or criminally liable for providing call location information pursuant to W.S. 16
‑
9
‑
111.

Section 3
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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