Capitol Notebook: Cell Phone Data Subject Of Debate

Lawmakers worked through a light legislative schedule Friday, with House members approving a bill that supporters say would help people in danger while opponents said the bill would strip away constitutional rights.

The House voted 70-8, with two voting present, to approve House Bill 1315, a measure known as the Kelsey Smith Act.

The Kansas teenager was reported missing in 2007 and later found dead, the bill’s sponsor, Rep. Rebecca Petty, R-Rogers, told the House.

Petty said law enforcement in Kansas had difficulty in getting information from a cell phone provider in the aftermath of the girl’s disappearance.

The bill has been passed in several other states, Petty said, noting it would help law enforcement find people.

“Upon request of a law enforcement agency, a commercial mobile radio service provider shall provide location information of a wireless telecommunications device to the law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk or death or serious physical harm,” the bill notes.

Under the bill, a provider would not be prohibited from establishing a policy where the provider could voluntarily disclose the information.

The bill would also require providers to “immediately submit all contact information to the Arkansas Crime Information Center and shall immediately update the contact information as changes occur.”

ACIC would provide law enforcement agencies a quarterly report to each law enforcement agency listing the information, the bill noted.

Rep. John Walker, D-Little Rock, who voted no on the bill, said while he was sympathetic to situations like Smith’s, the bill could create issues.

“The bill would eliminate constitutional safeguards,” Walker said. “It is analogous to wiretapping.”

However, Rep. Stephen Meeks, R-Greenbrier, told Walker that the bill would have protections against individual police officers getting the information without following procedure or law. The bill now heads to the Senate.

NEW BILLS
A bill with nearly 40 sponsors filed Friday afternoon would seek to repeal the state’s Health Insurance Marketplace Act.

Rep. Mary Bentley, R-Perryville, turned in House Bill 1492.

If approved, the bill would create “Independence Accounts” that would operate similarly to health savings or medical savings accounts.

“The independence accounts shall allow a participant to purchase cost-effective, high-deductible health insurance and promote independence and self-sufficiency,” the bill noted.

The person would receive rewards based on healthy living and self-sufficiency under the plan.

“At the end of each fiscal year, if there are funds remaining in the account, a majority of the state’s contribution will remain in the participant’s control as a positive incentive,” the bill read.

A person could also roll the funds into a private sector health savings account, under the bill.

Another bill filed Friday would allow school districts to have the option of allowing advertising on school buses.

Rep. Dan Douglas, R-Bentonville, filed House Bill 1495.

A school board would be allowed to put advertising on the buses, as long as it meets the requirements set by the Commission for Arkansas Public School Academic Facilities and Transportation for school buses.

However, any revenue generated from the ads on the buses could only go toward school transportation purposes, Douglas’ bill noted.

The House and Senate convene Monday at 1:30 p.m.