MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Utilities

By: Representative Chism, Robinson (84th)

House Bill 1267

AN ACT TO AMEND SECTION 19-5-319, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DATA CONTAINED IN THE AUTOMATIC NUMBER  IDENTIFICATION, AUTOMATIC LOCATION IDENTIFICATION, GEOGRAPHIC AUTOMATIC LOCATION IDENTIFICATION AND INFORMATION CONTAINED IN THE E-911 DATABASE MAY BE GIVEN TO THE COUNTY ELECTION COMMISSION UPON REQUEST BY THE COMMISSION, IN ORDER TO REVISE THE VOTER REGISTRATION BOOK; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 19-5-319, Mississippi Code of 1972, is amended as follows:

     19-5-319.  (1)  Automatic number identification (ANI), automatic location identification (ALI) and geographic automatic location identification (GeoALI) information that consist of the name, address and telephone number of telephone or wireless subscribers shall be confidential, and the dissemination of the information contained in the 911 automatic number and location data base is prohibited except for the following purpose:  the information will be provided to the county election commission when such commission requests the information for the purpose of revising the voter registration book as required by Section 23-15-153, the Public Safety Answering Point (PSAP) on a call-by-call basis only for the purpose of handling emergency calls or for training.  Any permanent record of the information collected shall be secured by the Public Safety Answering Point (PSAP) or the county election commission of the county that requested the information and disposed of in a manner which will retain that security, except upon court order or subpoena from a court of competent jurisdiction or as otherwise provided by law.

     (2)  All emergency telephone calls and telephone call transmissions received pursuant to Section 19-5-301 et seq., and all recordings of the emergency telephone calls, shall remain confidential and shall be used only for the purposes as may be needed for law enforcement, fire, medical rescue or other emergency services.  These recordings shall not be released to any other parties without court order or subpoena from a court of competent jurisdiction.

     (3)  PSAP and emergency response entities shall maintain and, upon request, release a record of the date of call, time of call, the time the emergency response entity was notified, and the identity of the emergency response entity.  The emergency response entity shall maintain and, upon request, release a record of the date and time the call was received by the emergency response entity and the time the emergency response entity arrived on the scene.  Requests for release of records must be made in writing and must specify the information desired.  Requestors shall pay the cost of providing the information requested in accordance with the Mississippi Public Records Act of 1983, Section 25-61-1 et seq.  The identity of any caller or person or persons who are the subject of any call, or the address, phone number or other identifying information about any such person, shall not be released except as provided in subsection (2) of this section.

     SECTION 2.  The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

     SECTION 3.  This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.