HB 166: "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date."
00HOUSE BILL NO. 166 01 "An Act relating to enhanced 911 emergency reporting systems; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that 05 (1) the elderly, the young, and victims of crime are often at risk, unable to 06 assist themselves, and are frequently unable to explain directions to the location of an 07 emergency situation; 08 (2) the basic 911 telephone emergency number is currently available in some 09 communities in the state, but an enhanced 911 system is currently available to only a limited 10 number of Alaskans; 11 (3) an enhanced 911 telephone emergency system provides 12 (A) expansion of the benefits of the basic 911 emergency telephone 13 number; 14 (B) faster response time, which minimizes the loss of life and property;
01 (C) automatic routing to the appropriate emergency response unit; 02 (D) immediate visual display of the location and telephone number of 03 the caller; and 04 (E) curtailment of abuses of the emergency system by documenting 05 callers; 06 (4) more communities in the state could make efficient use of the enhanced 07 911 telephone emergency system if the communities had adequate funding available. 08 (b) It is the purpose of this legislation to 09 (1) establish broad protections for acquiring, establishing, operating, and 10 maintaining enhanced 911 systems; 11 (2) establish methods for the payment of costs associated with those activities; 12 and 13 (3) enable the development, installation, and operation of enhanced 911 14 emergency reporting systems to be operated under local governmental management and 15 control. 16 * Sec. 2. AS 09.25.120 is amended to read: 17 Sec. 09.25.120. PUBLIC RECORDS; EXCEPTIONS; CERTIFIED COPIES. 18 (a) Every person has a right to inspect a public record in the state, including public 19 records in recorders' offices except 20 (1) records of vital statistics and adoption proceedings, which shall be 21 treated in the manner required by AS 18.50; 22 (2) records pertaining to juveniles; 23 (3) medical and related public health records; 24 (4) records required to be kept confidential by a federal law or 25 regulation or by state law; 26 (5) to the extent the records are required to be kept confidential under 27 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 28 or retain federal assistance; 29 (6) records or information compiled for law enforcement purposes, but 30 only to the extent that the production of the law enforcement records or information 31 (A) could reasonably be expected to interfere with enforcement
01 proceedings; [,] 02 (B) would deprive a person of a right to a fair trial or an 03 impartial adjudication; [,] 04 (C) could reasonably be expected to constitute an unwarranted 05 invasion of the personal privacy of a suspect, defendant, victim, or witness; [,] 06 (D) could reasonably be expected to disclose the identity of a 07 confidential source; [,] 08 (E) would disclose confidential techniques and procedures for 09 law enforcement investigations or prosecutions; [,] 10 (F) would disclose guidelines for law enforcement investigations 11 or prosecutions if the disclosure could reasonably be expected to risk 12 circumvention of the law; [,] or 13 (G) could reasonably be expected to endanger the life or 14 physical safety of an individual; or 15 (7) records or information provided in the course of an enhanced 16 911 call including a recording of the call. 17 (b) Every public officer having the custody of records not included in the 18 exceptions set out in (a) of this section shall permit the inspection, and give on 19 demand and on payment of the fees under AS 09.25.110 - 09.25.115 a certified copy 20 of the record, and the copy shall in all cases be evidence of the original. 21 (c) Recorders shall 22 (1) permit memoranda, transcripts, and copies of the public records in 23 their offices to be made by photography or otherwise for the purpose of examining 24 titles to real estate described in the public records, making abstracts of title or 25 guaranteeing or insuring the titles of the real estate, or building and maintaining title 26 and abstract plants; and 27 (2) shall furnish proper and reasonable facilities to persons having 28 lawful occasion for access to the public records for those purposes, subject to 29 reasonable rules and regulations, in conformity to the direction of the court, as are 30 necessary for the protection of the records and to prevent interference with the regular 31 discharge of the duties of the recorders and their employees.
01 * Sec. 3. AS 42.30 is amended by adding new sections to read: 02 ARTICLE 6. ENHANCED 911 SYSTEMS. 03 Sec. 42.30.400. ENHANCED EMERGENCY REPORTING SYSTEMS. (a) 04 A municipality may purchase or lease the enhanced 911 equipment or service required 05 to establish or maintain an enhanced 911 system at public safety answering points from 06 a local exchange telephone company or other qualified vendor. 07 (b) If an enhanced 911 system is to be provided for an area that is included 08 in whole or in part in the jurisdiction of two or more municipalities that are the 09 primary providers of emergency fire fighting, law enforcement, ambulance, medical, 10 or other emergency services, only those municipalities that enter into the agreement 11 for the necessary equipment are included in the system. Two or more municipalities 12 may enter into a contract to establish a separate legal entity to provide for the 13 enhanced 911 system. 14 (c) A unified municipality or first or second class city that provides an 15 enhanced 911 system in part of its area shall provide the system for its entire 16 jurisdiction. 17 (d) A municipality that intends to implement an enhanced 911 system shall 18 promptly notify the department and each local exchange telephone company providing 19 service in the area to be covered by the system of 20 (1) its election to participate in the enhanced 911 fund; 21 (2) the intended boundaries of the enhanced 911 service area; and 22 (3) the expected cost to the municipality of purchasing, leasing, 23 installing, operating, and maintaining the system. 24 (e) The department shall adopt regulations to set out how a municipality that 25 wishes to participate in or withdraw from an enhanced 911 system may do so. 26 Sec. 42.30.410. 911 EMERGENCY SURCHARGE. (a) A 911 emergency 27 surcharge of 50 cents per month is imposed on local exchange access lines in 28 municipalities that choose to participate in the enhanced 911 fund. A municipality that 29 receives money from the enhanced 911 fund may spend the money only on the 30 enhanced 911 equipment costs and associated installation and maintenance costs 31 necessary to provide enhanced 911 services. The municipality shall separately account
01 for money received from the enhanced 911 fund. 02 (b) A local exchange telephone company providing enhanced 911 service in 03 a participating municipality shall bill and collect the 911 emergency surcharge from 04 its local exchange service customers. 05 (c) A customer that has more than 100 local exchange access lines from a 06 local exchange telephone company in the state is liable for the 911 emergency 07 surcharge only on 100 local exchange access lines. 08 (d) A local exchange telephone company that has collected the 911 emergency 09 surcharge shall remit the amounts collected to the department no later than 60 days 10 after the end of the month in which the amount was collected. From each remittance 11 made in a timely manner under this subsection, the local exchange telephone company 12 is entitled to deduct and retain, as the cost of administration for collecting the 911 13 emergency surcharge, the greater of one percent of the amount collected or $150. 14 (e) The department shall administer and enforce collection of the 911 15 emergency surcharge. The specific administrative duties of the department are limited 16 to reviewing reimbursement requests for completeness and mathematical accuracy, 17 investing the 911 emergency surcharge funds in the best interest of the public, and 18 providing reimbursement to municipalities within 30 days after receipt of a request for 19 reimbursement. The department may, at its own expense, require an annual audit of 20 a local exchange telephone company's books and records concerning the collection and 21 remittance of the 911 emergency surcharge. 22 Sec. 42.30.420. LOCAL 911 SURCHARGE. (a) A municipality that does not 23 participate in the enhanced 911 fund may, by resolution or ordinance, elect to provide 24 an enhanced 911 system and may impose a local 911 surcharge, in an amount to be 25 determined by the municipality but not to exceed 50 cents per month per local 26 exchange access line, on all local exchange access lines in the area to be served by the 27 enhanced 911 system. The area served by a system may be all of the area within a 28 city or a unified municipality, or part or all of the area within a borough. The 29 governing body of a municipality shall review the local 911 surcharge annually to 30 determine whether the current level of the local 911 surcharge is adequate, excessive, 31 or insufficient to meet anticipated enhanced 911 system needs. The municipality may
01 only use the local 911 surcharge for the enhanced 911 system. 02 (b) A local exchange telephone company providing service in a municipality 03 that has imposed a local 911 surcharge shall bill and collect the local 911 surcharge 04 from customers in the designated 911 service area. 05 (c) A customer that has more than 100 local exchange access lines from a 06 local exchange telephone company in the municipality is liable for the local 911 07 surcharge only on 100 local exchange access lines. 08 (d) A local exchange telephone company that has collected the local 911 09 surcharge shall remit the amounts collected to the municipality no later than 60 days 10 after the end of the month in which the amount was collected. From each remittance 11 made in a timely manner under this subsection, the local exchange telephone company 12 is entitled to deduct and retain the greater of one percent of the collected amount or 13 $150 as the cost of administration for collecting the local 911 surcharge. 14 (e) The municipality may, at its own expense, require an annual audit of a 15 local exchange telephone company's books and records concerning the collection and 16 remittance of the local 911 surcharge. 17 Sec. 42.30.430. COLLECTION AND ADMINISTRATION OF 911 18 SURCHARGES. (a) A local exchange telephone company shall include the 911 19 surcharges, stated separately and included in the total amount owed, in the bills 20 delivered to its customers. The 911 surcharges may not be considered as revenue of 21 the local exchange telephone company. 22 (b) A local exchange service customer is liable for payment of the 911 23 surcharges in the amounts billed by the local exchange telephone company until the 24 amounts have been paid to the telephone company. 25 (c) A local exchange telephone company is not obligated to take legal action 26 to enforce collection of the 911 surcharges. The company shall annually provide the 27 department with a list of the amounts due for the nonpayment of 911 emergency 28 surcharges, together with the names and addresses of those customers who carry a 29 balance that can be determined by the company to be for the nonpayment of the 911 30 emergency surcharges. In the case of local 911 surcharges imposed by a municipality 31 under AS 42.30.420, the company shall provide the information to the municipality.
01 The local exchange telephone company is not liable for uncollected amounts. 02 (d) A local exchange telephone customer may not be subject to more than one 03 911 surcharge. 04 Sec. 42.30.440. ENHANCED 911 FUND. (a) The enhanced 911 fund is 05 created in the general fund, to be administered by the department. Subject to 06 appropriation by the legislature, the fund consists of money collected by the 07 department from the 911 emergency surcharge. 08 (b) The department shall use the enhanced 911 fund to reimburse 09 municipalities that choose to participate in the enhanced 911 fund for the cost of 10 purchasing or leasing equipment and providing services necessary to provide an 11 enhanced 911 system in a 911 service area. 12 (c) The department shall report to the legislature each year as to the status of 13 the enhanced 911 fund and whether the current level of the 911 emergency surcharge 14 is adequate, excessive, or insufficient to meet anticipated needs. 15 Sec. 42.30.450. IMMUNITY. (a) The establishment, funding, use, operation, 16 or maintenance of enhanced 911 systems and all activities associated with those actions 17 are specifically found to be within the ambit of AS 09.50.250(1) and 18 AS 09.65.070(d)(5). Except for intentional acts of misconduct or gross negligence, a 19 service supplier, local exchange telephone company, or mobile telephone company, 20 including a cellular service company, and their employees and agents, are also immune 21 from liability that might otherwise be incurred in the course of installing, training, 22 maintaining, or providing enhanced 911 systems or transmitting or receiving calls on 23 the system. 24 (b) An individual, telephone company, or employee of a telephone company 25 who operates or maintains an emergency 911 service is not liable for civil damages 26 as a result of an act, omission, failure of service, or incorrect information done or 27 given in good faith. 28 (c) In this section, "service supplier" means a person that provides or offers 29 to provide telecommunications equipment or services necessary for the establishment, 30 maintenance, or operation of an enhanced 911 system. 31 Sec. 42.30.460. WAIVER OF PRIVACY BY LOCAL EXCHANGE
01 TELEPHONE COMPANY SUBSCRIBERS. Local exchange telephone company 02 subscribers waive the privacy afforded by unlisted or unpublished telephone numbers 03 to the extent that the name and address associated with the telephone number may be 04 furnished to the enhanced 911 system for call routing or for automatic retrieval of 05 location information in response to a call initiated to the system. 06 Sec. 42.30.490. DEFINITIONS. In AS 42.30.400 - 42.30.490, 07 (1) "911 service area" or "enhanced 911 service area" means the area 08 within a municipality's jurisdiction that has been designated to receive enhanced 911 09 service; the designation of an area to receive an enhanced 911 system under 10 AS 42.30.420(a) does not designate the area as a "service area" for purposes of art. 10, 11 sec. 5, Constitution of the State of Alaska; 12 (2) "911 surcharges" means the 911 emergency surcharge assessed on 13 local exchange service customers under AS 42.30.410 and the local 911 surcharge 14 assessed under AS 42.30.420; 15 (3) "department" means the Department of Commerce and Economic 16 Development; 17 (4) "enhanced 911 equipment" means the equipment dedicated to the 18 operation of, or use in, the establishment, operation, or maintenance of an enhanced 19 911 system, including customer premises equipment, automatic number identification 20 or automatic location identification controllers and display units, printers, cathode ray 21 tubes, recorders, and software required by the system; 22 (5) "enhanced 911 fund" means the fund created in AS 42.30.440; 23 (6) "enhanced 911 system" or "system" means a telephone system 24 consisting of network, database, and enhanced 911 equipment that uses the single three 25 digit number, 911, for reporting a police, fire, medical, or other emergency situation, 26 and that enables the users of a public telephone system to reach a public safety 27 answering point to report emergencies by dialing 911; an enhanced 911 system 28 includes the personnel required to acquire, install, operate, and maintain the system; 29 (7) "local exchange access line" means a telephone line that connects 30 a local exchange service customer to the local exchange telephone company switching 31 office and has the capability of reaching local public safety agencies, but does not
01 include a line used by a carrier to provide interexchange services; 02 (8) "local exchange service" means the transmission of two-way 03 interactive switched voice communications furnished by a local exchange telephone 04 company within a local exchange area, including access to enhanced 911 systems; in 05 this paragraph, "local exchange area" means a geographic area encompassing one or 06 more political subdivisions as described in maps, tariffs, or rate schedules filed with 07 the Alaska Public Utilities Commission, where local exchange rates apply; 08 (9) "local exchange telephone company" means a telephone utility 09 certificated by the Alaska Public Utilities Commission to provide local exchange 10 service; 11 (10) "municipality" has the meaning given in AS 01.10.060(4) and 12 includes a public corporation established by a municipality and a village as that term 13 is defined in AS 09.65.070(e)(2); 14 (11) "public safety answering point" means a 24-hour local jurisdiction 15 communications facility that receives 911 service calls and directly dispatches 16 emergency response services or that relays calls to the appropriate public or private 17 safety agency. 18 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).