Legislature(2003 - 2004)

2004-05-07 House Journal

Full Journal pdf

2004-05-07                     House Journal                      Page 3941
HB 461                                                                                            
Amendment No. 3 was offered  by Representative Wolf:                                                 
                                                                                                    
Page 1, line 4, through page 2, line 20:                                                            
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Page 2, line 21:                                                                                    
 Delete "Sec. 2"                                                                                  
 Insert "Section 1"                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 21, through page 5, line 14:                                                           
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"* Sec. 3.  AS 29.35.131(a) is amended to read:                                                   
         (a)  A municipality may, by resolution or ordinance, elect to                              
    provide an emergency services dispatch system or an enhanced                                

2004-05-07                     House Journal                      Page 3942
    911 system at public safety answering points, may purchase or                                   
    lease the enhanced 911 equipment or service required to establish                               
    or maintain an enhanced 911 system at public safety answering                                   
    points from a local exchange telephone company or other                                         
    qualified vendor, and may impose an enhanced 911 surcharge, in                                  
    an amount to be determined by the municipality, on all local                                    
    exchange access lines that provide telephone service to wireline                                
    telephones in the area to be served by the enhanced 911 system.                                 
    A municipality that provides services under an enhanced 911                                     
    system may also by resolution or ordinance impose an enhanced                                   
    911 surcharge on each wireless telephone number that is billed to                               
    an address within the enhanced 911 service area.  An [FOR A                                 
    MUNICIPALITY WITH A POPULATION OF 100,000 OR                                                    
    MORE, AN] enhanced 911 surcharge may not exceed $1 a [50                                    
    CENTS PER] month for each wireless telephone billing                                        
    statement [NUMBER] or $1 a [50 CENTS PER] month for each                                
    local exchange billing address [ACCESS LINE] for wireline                                   
    telephones.  [FOR A MUNICIPALITY WITH FEWER THAN                                                
    100,000 PEOPLE, AN ENHANCED 911 SURCHARGE MAY                                                   
    NOT EXCEED 75 CENTS PER MONTH FOR EACH                                                          
    WIRELESS TELEPHONE NUMBER OR 75 CENTS PER                                                       
    MONTH FOR EACH LOCAL EXCHANGE ACCESS LINE                                                       
    FOR WIRELINE TELEPHONES.]  An enhanced service area                                             
    may be all of a city, all of a unified municipality, or all or part of                          
    the area within a borough and may include the extraterritorial                                  
    jurisdiction of a municipality in accordance with AS 29.35.020.                                 
    The governing body of a municipality shall review an enhanced                                   
    911 surcharge annually to determine whether the current level of                                
    the surcharge is adequate, excessive, or insufficient to meet                                   
    anticipated enhanced 911 system needs.  The municipality may                                    
    [ONLY] use the enhanced 911 surcharge for the enhanced 911                                      
    system and  for the actual labor and equipment used to                                      
    provide emergency services dispatch, but not for costs of                                   
    providing the medical, police, fire, rescue, or other emergency                             
    service, or for any other purpose.                                                          
   * Sec. 4.  AS 29.35.131(b) is amended to read:                                                 
     (b)  A local exchange telephone company providing service in                                   
    a municipality that has imposed an enhanced 911 surcharge shall                                 
    bill each month and collect the surcharge from customers in the                                 
    enhanced 911 service area.  A wireless telephone company that                                   

2004-05-07                     House Journal                      Page 3943
    provides telephone service to wireless telephone customers with                                 
    billing addresses within the enhanced 911 service area shall                                    
    impose the [AN ENHANCED 911] surcharge each month and                                       
    collect the surcharge from customers in the enhanced 911 service                                
    area.  A local exchange telephone customer may not be subject to                                
    more than one enhanced 911 surcharge on a local exchange                                        
    billing address [ACCESS LINE] for a wireline telephone.  A                                  
    wireless telephone customer may not be subject to more than one                                 
    enhanced 911 surcharge for each billing statement [FOR EACH                                 
    WIRELESS TELEPHONE NUMBER.  A CUSTOMER THAT                                                     
    HAS MORE THAN 100 LOCAL EXCHANGE ACCESS LINES                                                   
    FROM A LOCAL EXCHANGE TELEPHONE COMPANY IN                                                      
    THE MUNICIPALITY IS LIABLE FOR THE ENHANCED 911                                                 
    SURCHARGE ONLY ON 100 LOCAL EXCHANGE ACCESS                                                     
    LINES].                                                                                         
   * Sec. 5.  AS 29.35.131(c) is amended to read:                                                 
         (c)  A local exchange telephone company or wireless                                        
    telephone company shall include the appropriate enhanced 911                                    
    surcharge, stated separately and included in the total amount                                   
    owed, in the bills delivered to its customers.  The Regulatory                                  
    Commission of Alaska may not consider the enhanced 911                                          
    surcharge as revenue of the telephone company [AND HAS NO                                       
    JURISDICTION OVER AN ENHANCED 911 SYSTEM].  A                                                   
    customer is liable for payment of the enhanced 911 surcharge in                                 
    the amounts billed by the telephone company until the amounts                                   
    have been paid to the telephone company."                                                       
Page 5, line 23, through page 6, line 5:                                                            
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"* Sec. 7.  AS 29.35.133(a) is amended to read:                                                   
         (a)  The establishment, funding, use, operation, or                                        
    maintenance of enhanced 911 or emergency services dispatch                                  
    systems and all activities associated with those actions are                                    
    specifically found to be within the ambit of AS 09.50.250(1) and                                
    AS 09.65.070(d)(6).  Except for intentional acts of misconduct or                               
    gross negligence, a service supplier, local exchange telephone                                  
    company, or wireless telephone company and their employees and                                  
    agents are also immune from tort liability that might otherwise be                              
    incurred in the course of installing, training, maintaining, or                                 
    providing enhanced 911 systems or transmitting or receiving calls                               
    on the system.                                                                                  

2004-05-07                     House Journal                      Page 3944
   * Sec. 8.  AS 42.05 is amended by adding a new section to read:                                
         Sec. 42.05.295.  Routing 911 calls.  Notwithstanding                                     
    AS 42.05.711, to ensure statewide access by all residents to 911                                
    wireline services, traditional or enhanced, for areas where there is                            
    no local or regional public safety answering point, the state shall                             
    provide a toll-free, statewide default public safety answering point                            
    to which each local exchange telephone company must route all                                   
    911 calls originating from within its customer service base."                                   
                                                                                                    
Representative Wolf moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
Representative Holm placed a call of the House and lifted the call.                                 
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 461(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Croft, Gruenberg, Joule, Kapsner,                                       
Kerttula, Kohring, Masek, McGuire, Morgan, Moses, Stoltze, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Nays:  Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Guttenberg, Hawker, Heinze, Holm, Kott, Lynn, Meyer,                                   
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams                                      
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Harris                                                                                     
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    

2004-05-07                     House Journal                      Page 3945
Amendment No. 4 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 6, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
"* Sec. 10.  AS 42.05 is amended by adding a new section to read:                                 
         Sec. 42.05.295.  Routing 911 calls.  Notwithstanding                                     
    AS 42.05.711, to ensure statewide access by all residents to 911                                
    wireline services, traditional or enhanced, for areas where there is                            
    no local or regional public safety answering point, the state shall                             
    provide a toll-free, statewide default public safety answering point                            
    to which each local exchange telephone company must route all                                   
    911 calls originating from within its customer service base."                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 4.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
The Speaker stated that, without objection, CSHB 461(STA) am                                        
would be moved down the calendar to follow CSSB 231(FIN).