Cell-phone bill draws support

LINCOLN — When her 18-year-old daughter went missing in 2007, Missey Smith said her family and law enforcement officials pleaded with a cell-phone company for help in finding her.

The company, Verizon, declined — even fighting a court order seeking to obtain the assistance.

Four days after Kelsey Smith was kidnapped, the company finally relented.

Her body was found in 45 minutes, using technology that pinpointed the location of her cell phone.

Missey Smith came from Overland Park, Kan., this week to urge the Nebraska Legislature to pass a law requiring cell phone companies, in an emergency or life-threatening situation, to help find missing persons.

Only certified law enforcement officials could seek such information under the proposal, Legislative Bill 735, introduced by Papillion Sen. Tim Gay.

The Kelsey Smith Act is similar to one adopted in Kansas last year and one being proposed in a handful of other states, including Missouri, and in the U.S. House of Representatives. Basically, the mother said, it requires cell phone companies to help rather than make it discretionary.

The bill drew support from the Nebraska State Patrol and state firefighters association, as well as lobbyists with AT&T and Verizon during a public hearing before the Legislature’s Transportation and Telecommunications Committee on Monday.

“We’re very sorry this happened,” said the Verizon lobbyist, Curt Bromm. The company, he said, had a protocol that required assistance during emergencies, but it apparently wasn’t followed in the Kelsey Smith case.

The committee voted 8-0 Tuesday to advance an amended version of the bill to debate by the full Legislature.

In an amendment, the committee addressed a concern raised by the state association of trial attorneys. Lobbyist John Lindsay had said the bill granted cell-phone companies an overly broad waiver of liability in complying with the act.

Contact the writer:

402-473-9584, paul.hammel@owh.com

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