Legislature(2003 - 2004)
2004-05-07 House Journal
Full Journal pdf2004-05-07 House Journal Page 3941 HB 461 Amendment No. 3 was offered by Representative Wolf: Page 1, line 4, through page 2, line 20: Delete all material. 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: Delete all material and insert: "* 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: Delete all material and insert: "* 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).