S T A T E O F N E W Y O R K
________________________________________________________________________
4189
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. BOYLAND, ROBERTS -- Multi-Sponsored by -- M. of
A. GABRYSZAK -- read once and referred to the Committee on Economic
Development
AN ACT to amend the general business law, in relation to requiring wire-
less communications service suppliers to provide contact information
to the state police to facilitate an emergency response
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
32-A to read as follows:
ARTICLE 32-A
TELECOMMUNICATIONS SERVICES
SECTION 676. EMERGENCY WIRELESS COMMUNICATIONS DEVICE DISCLOSURE TO LAW
ENFORCEMENT.
S 676. EMERGENCY WIRELESS COMMUNICATIONS DEVICE DISCLOSURE TO LAW
ENFORCEMENT. 1. A WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL PROVIDE
THE CALL LOCATION INFORMATION OF A WIRELESS COMMUNICATIONS DEVICE TO A
LAW ENFORCEMENT OFFICER IF THE INFORMATION IS NECESSARY TO RESPOND TO A
CALL FOR EMERGENCY SERVICES OR IN RESPONSE TO AN EMERGENCY SITUATION
THAT INVOLVES THE RISK OF DEATH OR SERIOUS PHYSICAL INJURY.
2. EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER THAT IS AUTHORIZED TO
CONDUCT BUSINESS IN THIS STATE SHALL PROVIDE ITS NAME AND CONTACT INFOR-
MATION WITH THE NEW YORK STATE POLICE TO FACILITATE INFORMATION REQUESTS
MADE PURSUANT TO THIS SECTION. ON A QUARTERLY BASIS, THE NEW YORK STATE
POLICE SHALL DISSEMINATE THE CONTACT INFORMATION TO EVERY LAW ENFORCE-
MENT AGENCY IN THIS STATE.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A WIRELESS
COMMUNICATIONS SERVICE SUPPLIER FROM ESTABLISHING PROTOCOLS BY WHICH THE
SUPPLIER VOLUNTARILY DISCLOSES CALL LOCATION INFORMATION.
4. A WIRELESS COMMUNICATIONS SERVICE SUPPLIER AND ITS OFFICERS,
EMPLOYEES, AGENTS OR OTHER SPECIFIED PERSONS SHALL NOT BE LIABLE IN ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06654-01-3
A. 4189 2
CIVIL ACTION FOR DAMAGES FOR PROVIDING CALL LOCATION INFORMATION TO THE
NEW YORK STATE POLICE OR OTHER LAW ENFORCEMENT AGENCY WHILE ACTING IN
GOOD FAITH PURSUANT TO THIS SECTION.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" MEANS ANY COMMERCIAL
ENTITY THAT OPERATES A WIRELESS COMMUNICATIONS SERVICE IN NEW YORK
STATE.
(B) "WIRELESS COMMUNICATIONS DEVICE" MEANS ANY EQUIPMENT USED TO
ACCESS A WIRELESS COMMUNICATIONS SERVICE.
(C) "WIRELESS COMMUNICATIONS SERVICE" MEANS ALL COMMERCIAL MOBILE
SERVICES, AS THAT TERM IS DEFINED IN SECTION 332(D) OF TITLE 47, UNITED
STATES CODE, AS AMENDED FROM TIME TO TIME, INCLUDING, BUT NOT LIMITED
TO, ALL BROADBAND PERSONAL COMMUNICATIONS SERVICES, WIRELESS RADIO TELE-
PHONE SERVICES, GEOGRAPHIC AREA SPECIALIZED AND ENHANCED SPECIALIZED
MOBILE RADIO SERVICES, AND INCUMBENT-WIDE AREA SPECIALIZED MOBILE RADIO
LICENSEES, WHICH OFFER REAL TIME, TWO-WAY VOICE OR DATA SERVICE THAT IS
INTERCONNECTED WITH THE PUBLIC SWITCHED TELEPHONE NETWORK OR OTHERWISE
PROVIDES ACCESS TO EMERGENCY COMMUNICATIONS SERVICES.
S 2. This act shall take effect immediately.