HP0439
LD 658
Session - 127th Maine Legislature
C "A", Filing Number H-158, Sponsored by
LR 394
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out all of sections 3 to 6 and inserting the following:

Sec. 3. 25 MRSA §2926, sub-§2, ¶K  is enacted to read:

K Standards and procedures for acceptance of text messages by the E-9-1-1 system and acceptance of text messages by at least one public safety answering point beginning July 1, 2017 from all cellular or wireless telecommunications service providers in the State as required by the Federal Communications Commission.

Sec. 4. 25 MRSA §2929, sub-§1,  as amended by PL 2011, c. 623, Pt. D, §1, is further amended to read:

1. Definition.   As used in this section, "confidential information" means the following information as contained in any database, report, audio recording , digital communication or other record of the bureau or a public safety answering point:
A. The names, addresses and telephone numbers of persons listed in E-9-1-1 databases;
B. Names, addresses and telephone numbers that are omitted from a telephone utility directory list at the request of a customer;
C. The name, address and telephone number of a caller to a public safety answering point; or
D. The name, address and telephone number of and any medical information about a person receiving emergency services through the E-9-1-1 system.

Sec. 5. 25 MRSA §2929, sub-§3,  as amended by PL 2011, c. 662, §16, is further amended to read:

3. Disclosure required.   The restrictions on disclosure provided under subsection 2 apply only to those portions of databases, reports, audio recordings , digital communications or other records of the bureau or a public safety answering point that contain confidential information. Other information that appears in those records and other records, except information or records declared to be confidential under other law, is subject to disclosure pursuant to Title 1, section 408-A. The bureau shall develop procedures to ensure protection of confidential records and information and public access to other records and information. Procedures may involve developing edited copies of records containing confidential information or the production of official summaries of those records that contain the substance of all nonconfidential information.

Sec. 6. 25 MRSA §2929, sub-§4,  as enacted by PL 1997, c. 291, §3, is amended to read:

4. Audio recordings of E-9-1-1 calls and digital communications to E-9-1-1; confidential.   Audio recordings of emergency calls made to the E-9-1-1 system and emergency digital communications sent to the E-9-1-1 system are confidential and may not be disclosed except as provided in this subsection. Except as provided in subsection 2, information contained in the audio recordings and digital communications is public information and must be disclosed in transcript form in accordance with subsection 3. Subject to all the requirements of subsection 2, the bureau or a public safety answering point may disclose audio recordings of emergency calls made to the E-9-1-1 system and emergency digital communications sent to the E-9-1-1 system in the following circumstances:
A. To persons within the E-9-1-1 system to the extent necessary to implement and manage the E-9-1-1 system;
B. To a law enforcement officer or law enforcement agency for the purpose of criminal investigations related to an E-9-1-1 call or digital communication;
C. To designees of the bureau director for the purpose of system maintenance and quality control; and
D. In accordance with an order issued on a finding of good cause by a court of competent jurisdiction.

Sec. 7. 25 MRSA §2929, sub-§6,  as amended by PL 2007, c. 209, §6, is further amended to read:

6. Penalty for disseminating information.   Knowingly disclosing confidential information in violation of subsection 2 or knowingly disclosing audio recordings of emergency calls to the E-9-1-1 system or emergency digital communications sent to the E-9-1-1 system in violation of subsection 4 is a Class E crime.’

summary

This amendment is the minority report of the committee. The amendment changes the provision of the bill that requires the Public Utilities Commission, Emergency Services Communication Bureau to develop standards and procedures for the acceptance of text messages by all public safety answering points beginning July 1, 2016 to a provision that requires the bureau to develop standards and procedures for acceptance of text messages by the E-9-1-1 system and the acceptance of text messages by at least one public safety answering point from all cellular and wireless telecommunications service providers in the State as required by the Federal Communications Commission beginning July 1, 2017. The amendment changes the provisions of the bill regarding the confidentiality of text messages sent to the E-9-1-1 system to provide that all digital communications sent to the E-9-1-1 system are confidential, subject to the same exceptions that apply to the confidentiality of audio recordings of emergency calls.

FISCAL NOTE REQUIRED
(See attached)


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