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.
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information not in the public record, including but not limited to unpublished or unlisted telephone numbers, provided that
the subscriber information is released only in response to an emergency call involving an immediate threat to personal safety
or property and subscribers' names and physical addresses.
(2) A local exchange telephone company with less than 15,000 subscribers 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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Latest Version of HB 437 (HB0437.ENR)
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