AN ACT CLARIFYING THE INFORMATION THAT A TELEPHONE COMPANY MAY RELEASE TO EMERGENCY COMMUNICATIONS SYSTEMS PERSONNEL; AMENDING SECTION 27-1-735, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 27-1-735, MCA, is amended to read:

"27-1-735. Emergency communications systems -- lawful release of information. (1) It is lawful for a telephone company or telecommunications provider to release in good faith to personnel of emergency communications systems information not in the public record, including but not limited to unpublished or unlisted telephone numbers and subscribers' names and physical addresses.

(2) A local exchange telephone company registered as a Montana telecommunications service provider as provided in 69-3-805 or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d)(1) that provides emergency communications systems and related services and its employees and agents are not liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance, or provision of emergency communications systems or related services unless the acts or omissions of the entities or persons constitute gross negligence or willful or wanton misconduct. This subsection does not provide immunity from liability in a products liability action.

(3) For the purposes of this section, "subscribers" means persons, partnerships, corporations, or other entities acquiring telecommunications services from a telecommunications provider. There is one subscriber for each billed line of a telecommunications provider."

Section 2. Effective date. [This act] is effective on passage and approval.

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I hereby certify that the within bill,

HB 0437, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 437

INTRODUCED BY B. KASTEN, S. STANG, M. MCCANN

BY REQUEST OF THE HOUSE JOINT APPROPRIATIONS SUBCOMMITTEE

ON HUMAN SERVICES AND AGING

AN ACT CLARIFYING THE INFORMATION THAT A TELEPHONE COMPANY MAY RELEASE TO EMERGENCY COMMUNICATIONS SYSTEMS PERSONNEL; AMENDING SECTION 27-1-735, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.