00                      CS FOR HOUSE BILL NO. 316(STA)                                                                    
01 "An Act relating to law enforcement requests for wireless device location information in                                
02 emergencies; and providing for an effective date."                                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 42.20 is amended by adding a new section to read:                                                
05             Article 5. Emergency Wireless Device Location Disclosure.                                                 
06 Sec. 42.20.400. Providing wireless device location in emergency. (a) At the                                           
07 request of a law enforcement agency, a wireless carrier shall provide the available                                     
08 current or most recent location of a wireless device to the agency without delay if the                                 
09 agency asserts that the agency has a reasonable basis to believe that the device is in the                              
10       possession of an individual who is in an ongoing emergency that involves the risk of                              
11       death or serious physical harm.                                                                                   
12            (b)  A wireless carrier may establish protocols to voluntarily disclose the                                  
13       location of a wireless device consistent with applicable law.                                                     
14            (c)  An action may not be brought against a wireless carrier or its officers,                                

01 agents, or employees for providing the location of a wireless device to a law                                           
02       enforcement agency while acting in good faith in compliance with (a) of this section.                             
03 (d)  A wireless carrier authorized to do business in the state shall annually by                                        
04 June 15 supply the department with emergency contact information that can be used to                                    
05 request the location of a wireless device under (a) of this section and shall                                           
06       immediately inform the department of any changes to the contact information.                                      
07 (e)  The department shall maintain a database containing the emergency                                                  
08 contact information submitted under (d) of this section and shall provide the                                           
09 information without delay at the request of a law enforcement agency or emergency                                       
10       communications center.                                                                                            
11            (f)  The department shall adopt regulations to implement this section.                                       
12            (g)  In this section,                                                                                        
13                 (1)  "department" means the Department of Public Safety;                                                
14                 (2)  "emergency communications center" has the meaning given in                                         
15       AS 11.56.785(b);                                                                                                  
16                 (3)  "law enforcement agency" has the meaning given in AS 12.36.090;                                    
17                 (4)  "wireless carrier" means a provider of a commercial mobile service                                 
18       as defined in 47 U.S.C. 332;                                                                                      
19                 (5)  "wireless device" means a device that connects to a service                                        
20       provided by a wireless carrier.                                                                                   
21    * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).