03/05/2024 03:00 PM House STATE AFFAIRS

        HB 316-EMERGENCY CELL PHONE LOCATION DISCLOSURE                                                                     
                                                                                                                                
3:03:47 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  first order of business  would be                                                               
HOUSE BILL NO. 316, "An  Act relating to law enforcement requests                                                               
for  wireless  telephone  location information  in  emergencies."                                                               
[Before the committee was CSHB 316.]                                                                                            
                                                                                                                                
3:04:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C. JOHNSON  moved to adopt Amendment 1  to HB 316,                                                               
labeled 33-LS1235\B.2, Walsh, 3/1/24, which read as follows:                                                                    
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "telephone"                                                                                                  
          Insert "device"                                                                                                     
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "Telephone"                                                                                                  
          Insert "Device"                                                                                                     
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "telephone"                                                                                                  
          Insert "device"                                                                                                     
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "telephone company"                                                                                            
          Insert "carrier"                                                                                                      
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "telephone"                                                                                                    
          Insert "device"                                                                                                       
                                                                                                                                
     Page 1, line 10:                                                                                                           
          Delete "telephone"                                                                                                    
          Insert "device"                                                                                                       
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "telephone company"                                                                                            
          Insert "carrier"                                                                                                      
                                                                                                                                
     Page 1, line 13:                                                                                                           
          Delete "telephone"                                                                                                    
          Insert "device"                                                                                                       
                                                                                                                                
     Page 1, line 14, through page 2, line 2:                                                                                   
          Delete all material and insert:                                                                                       
          "(c)  An action may not be brought against a                                                                          
     wireless carrier or its  officers, agents, or employees                                                                    
     for providing  the location of  a wireless device  to a                                                                    
     law enforcement  agency while acting  in good  faith in                                                                    
     compliance with (a) of this section."                                                                                      
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "telephone company"                                                                                            
          Insert "carrier"                                                                                                      
                                                                                                                                
     Page 2, line 5:                                                                                                            
          Delete "telephone"                                                                                                    
          Insert "device"                                                                                                       
                                                                                                                                
     Page 2, lines 16 - 17:                                                                                                     
          Delete all material and insert:                                                                                       
               "(3)  "law enforcement agency" has the                                                                           
     meaning given in AS 12.36.090;                                                                                             
               (4)  "wireless carrier" means a provider of                                                                      
      a commercial mobile service as defined in 47 U.S.C.                                                                       
     332;                                                                                                                       
               (5)  "wireless device" means a device that                                                                       
     connects to a service provided by a wireless carrier."                                                                     
                                                                                                                                
3:04:22 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW objected for the purpose of discussion.                                                                              
                                                                                                                                
3:04:29 PM                                                                                                                    
                                                                                                                                
PORTIA  SAMUELS,  Staff,  Representative  Craig  Johnson,  Alaska                                                               
State Legislature, provided  an explanation of Amendment  1 to HB
,  on behalf  of Representative  Craig Johnson.   Amendment  1                                                               
does  not change  the intent  of the  legislation, nor  are there                                                               
major substantive  changes to the  bill.  She explained  that the                                                               
term "telephone" was replaced with  "device" throughout the bill.                                                               
She  said   the  term  "telephone  company"   was  replaced  with                                                               
"wireless  carrier"  to  ensure  that all  devices  are  covered.                                                               
Liability  language  was replaced  with  "an  action may  not  be                                                               
brought against  a wireless carrier".   Definitions  are included                                                               
for  "law enforcement"  and updated  for  "wireless carrier"  and                                                               
"wireless device."                                                                                                              
                                                                                                                                
3:05:53 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW removed  his  objection  to Amendment  1  to HB  316.                                                               
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
3:06:04 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony on HB 316.                                                                                   
                                                                                                                                
3:06:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON provided wrap  up comments.   He said,                                                               
"If we can save one life, this bill will have been worth it."                                                                   
                                                                                                                                
3:06:53 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW,  after ascertaining  there was no  one who  wished to                                                               
testify, closed public testimony on HB 316.                                                                                     
                                                                                                                                
3:07:09 PM                                                                                                                    
                                                                                                                                
GREG  SMITH, Executive  Director, provided  invited testimony  in                                                               
support  of HB  316.    He said  the  adoption  of the  amendment                                                               
strengthens the  bill.   He assured the  committee that  the bill                                                               
will save lives in Alaska.                                                                                                      
                                                                                                                                
3:08:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT  moved to report  HB 316, as  amended, from                                                               
committee,  with  individual  recommendations  and  the  attached                                                               
fiscal  notes.   There  being  no  objection,  HB 316  (STA)  was                                                               
reported from the House State Affairs Standing Committee.                                                                       
                                                                                                                                
3:08:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:08 p.m. to 3:10 p.m.