Legislature(2017 - 2018)BARNES 124
03/20/2018 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB385 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 385 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 20, 2018
8:04 a.m.
MEMBERS PRESENT
Representative Justin Parish, Co-Chair
Representative Harriet Drummond
Representative John Lincoln
Representative Dan Saddler
Representative David Talerico
MEMBERS ABSENT
Representative Tiffany Zulkosky, Co-Chair
Representative George Rauscher
Representative DeLena Johnson (alternate)
Representative Jonathan Kreiss-Tomkins (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 385
"An Act relating to multi-line telephone systems."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 385
SHORT TITLE: ENHANCED 911: MULTI-LINE TELEPHONE SYSTEMS
SPONSOR(s): REPRESENTATIVE(s) GRENN
02/21/18 (H) READ THE FIRST TIME - REFERRALS
02/21/18 (H) L&C, FIN
03/14/18 (H) CRA REPLACES L&C REFERRAL
03/14/18 (H) BILL REPRINTED 3/14/18
03/20/18 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE JASON GRENN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 385.
SHEA SIEGERT, Staff
Representative Jason Grenn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of substantive
changes from the original bill version to Version D of HB 385,
and responded to questions, on behalf of Representative Grenn,
prime sponsor.
EMILY NAUMAN, Deputy Director
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
385.
DAVID GIBBS, Director
Emergency Operations
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Answered a question during the hearing on
HB 385.
JILL DOLAN, Borough Attorney
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Responded to a question during the hearing
on HB 385.
KATHI WASSERMAN, Executive Director
Alaska Municipal League
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 385.
ACTION NARRATIVE
8:04:15 AM
CO-CHAIR JUSTIN PARISH called the House Community and Regional
Affairs Standing Committee meeting to order at 8:04 a.m.
Representatives Drummond, Talerico, and Parish were present at
the call to order. Representatives Saddler and Lincoln arrived
as the meeting was in progress.
HB 385-ENHANCED 911: MULTI-LINE TELEPHONE SYSTEMS
8:04:46 AM
CO-CHAIR PARISH announced that the only order of business would
be HOUSE BILL NO. 385, "An Act relating to multi-line telephone
systems."
8:05:23 AM
REPRESENTATIVE JASON GRENN, Alaska State Legislature, as prime
sponsor, presented HB 385. He paraphrased the sponsor
statement, which read as follows [original punctuation
provided]:
Alaskan residents have relied on dialing 911 to reach
local emergency services for decades. Enhanced 911
(E911) is a service that automatically displays the
telephone number and physical location of the 911
caller on the emergency operator's screen. This is
unlike Basic 911 service, where the distressed caller
must tell the operator where he or she is calling
from. E911 is crucial in circumstances where the
caller cannot communicate their whereabouts, as it
ensures the operator is still able to send emergency
response services to the correct location. With the
advancement of technology, E911 has significantly
improved the effective delivery of critical public
safety and emergency response services across the
State.
There is a large segment of E911 end-users in Alaska
using Multi-Line Telephone Systems (MLTS). These
systems do not have the same level of E911 safety
protections as small business and residential systems.
MLTS connects dozens, hundreds, or thousands of
"extension" phones to a central, computerized
telephone "switchboard". MLTS are frequently used by
government agencies, banks, hotels, health care
facilities, and schools.
When individuals call 911 from a phone in Multi-Line
Telephone System, that system may only relay the
physical street address of the facility's main
building or the address of the building in which the
MLTS is located. However, it may not provide more
specific information about where the distressed
individual is physically located, such as a building
number, floor number, or room number. When callers are
also unable to provide their specific location,
because they are either unaware of their exact
location or are physically unable to convey the
information, emergency responders face avoidable
delays that can result in tragedies.
House Bill 385 will help ensure 911 dispatchers
receive accurate location information so emergency
responders will not be delayed while trying to find
the emergency caller in need. HB 385 gives
municipalities the option to require MLTS operators in
their region to provide an Automatic Location
Information (ALI) record for every telephone capable
of dialing 911. By automatically providing specific
location information through the 911 system, emergency
operators can immediately dispatch fire, police, or
EMS responders to the caller's location, even when
that person is incapacitated. This requirement would
apply only to new MLTS installations or upgrades to an
existing MLTS.
Alaskans depend on fast and reliable access to public
safety resources when faced with emergency situations.
I urge your support for House Bill 385.
8:08:37 AM
SHEA SIEGERT, Staff, Representative Jason Grenn, Alaska State
Legislature, presented the summary of substantive changes from
the original bill version to Version D, which read as follows
[original punctuation provided, with some formatting changes]:
Section 1 - Lines 4 through 8
The changes to this provision provide for an opt-in
mechanism for municipalities to enforce implementation
of the following provisions in this bill after January
1st, 2019.
Section 2 - (f) - Lines 17 through 18
This change removes the Regulatory Commission of
Alaska from adopting regulations to implement and
enforce the provisions of this bill.
MR. SIEGERT explained that in reading through a Regulatory
Commission of Alaska (RCA) docket, R-5-05, the sponsor found
that a large conflict the RCA was running into was finding a
waiver provision for the state as a whole that would not put
burden on one community while benefiting another. He said the
sponsor proposes giving municipalities the flexibility to
regulate and enforce the provisions under HB 385.
MR. SIEGERT noted that "things have been moved around" from the
original bill version to Version D, and he related that Ms.
Nauman from Legislative Legal and Research Services was
available to speak to that issue.
8:11:21 AM
REPRESENTATIVE DRUMMOND asked what currently keeps a
municipality, borough, or another government entity from
implementing the E911.
MR. SIEGERT offered his understanding that municipalities do not
have the requisite authority to implement E911. He said
enforcing implementation means passing an ordinance which states
that if there is an MLTS system in a building, the building
owner would be responsible to provide an automatic location
point for each telephone that dwells within the building. He
deferred to Ms. Nauman for further comment.
8:12:36 AM
EMILY NAUMAN, Deputy Director, Legislative Legal and Research
Services, Legislative Affairs Agency, stated that it can be
beneficial for a municipality to have explicit statutory
authority for this type of ordinance in order to avoid ambiguity
as to whether the municipality is allowed to enact or enforce
such an ordinance.
8:13:10 AM
CO-CHAIR PARISH asked if presently home rule municipalities
would have the authority while other types of municipalities may
not.
MS. NAUMAN said she does not know, but she offered to seek an
answer.
CO-CHAIR PARISH requested Ms. Nauman do so.
8:13:39 AM
REPRESENTATIVE SADDLER asked about the history of 911 in Alaska.
8:13:58 AM
MR. SIEGERT said he would contact John Rockwell, director of 911
services, to get an answer. In response to a follow-up
question, he offered his understanding that 911 is operated by
the state, and municipalities implement it with 911 dispatch.
He further offered his understanding that there are federal,
state, and municipal laws and ordinances related to 911 systems,
under which there are regulations. In response to another
question, he said the sponsor received word from the Fairbanks
North Star Borough that it would implement E911 almost
immediately. He said every Alaskan would benefit from HB 385.
Children calling 911, who many not know a room number, would not
have to describe the room they are in during an emergency
situation, and response from first responders and dispatch could
be more immediate.
REPRESENTATIVE SADDLER noted that Section 2 of the proposed
legislation lays out specific statutory requirements regarding
sign postage distance of five feet and in contrasting colors,
and he questioned why the sponsor chose to include that in
statute rather than leaving it up to regulation.
MR. SIEGERT responded that the bill sponsor decided on
specificity. He noted that in Section 1, there is a grandfather
clause, and because those grandfathered would not have an
automatic location point, they would need to provide a highly
visible sign. He mentioned there was a case in Texas that
applies to this issue.
REPRESENTATIVE SADDLER noted that language on page 4, lines 18-
19 [of the original bill version] would be the RCA authority to
adopt regulations; therefore, he questioned why the sponsor
would not leave the specificity to the RCA rather than listing
it in statute.
MR. SIEGERT answered that the sponsor believes it is important
to specify the exact information to prevent delay of emergency
response.
8:20:44 AM
CO-CHAIR PARISH asked Mr. Siegert to relay the aforementioned
background case in Texas.
MR. SIEGERT said a woman and her young daughter left the woman's
husband and were staying at a hotel; the husband came to the
hotel and physical abused the woman to the point where she was
unable to call for help; there were no specific and obvious
instructions for reaching 911 posted in the hotel that
facilitated the daughter in getting help; the mother died of her
injuries as a result. Mr. Siegert clarified he was not saying
that if a bill such as HB 385 had been in place in Texas the
woman would have lived; however, he imparted that there is a
nationwide movement to implement this sort of legislation since
that case occurred.
8:22:13 AM
REPRESENTATIVE SADDLER asked the sponsor if he thinks it is
important for people to be able to call for help regardless of
their ability to communicate clearly.
REPRESENTATIVE GRENN answered yes, that is the intent, to give
additional information to emergency responders to reduce the
time it takes to reach someone who needs help. He opined that
this is a vital public safety need, and HB 385 is "a good
start." In response to a follow-up question, he concurred that
one of the goals of HB 385 is to help those who may not
otherwise have the ability to call for help. He said his
children were visiting him in the capitol last week, and
although they know how to call 911, they would not have known
his office number to give it to dispatch; therefore, [E911]
would be helpful.
8:24:17 AM
REPRESENTATIVE DRUMMOND expressed that she has resorted to
calling the front desk in a hotel when she found it difficult to
decipher the telephone system, and that was in a non-emergency
situation; therefore, she said a universal system among all
communication devices is a good idea.
8:25:14 AM
REPRESENTATIVE SADDLER asked what the current status is when
calling 911 from his cell phone.
MR. SIEGERT deferred to Mr. Gibbs.
8:25:58 AM
DAVID GIBBS, Director, Emergency Operations, Fairbanks North
Star Borough, answered that the larger municipalities that have
E911 generally have the ability to receive location information
from cellular phones. A variety of technologies are employed in
order for public safety answering points or 911 centers to
receive that information. In response to a follow-up question,
he said depending on the cellular coverage, within the urban
cores of Anchorage, Fairbanks, Juneau, Matanuska-Susitna, and
Kenai, [response centers] will be able to see the location
information of the cellular caller.
8:27:08 AM
REPRESENTATIVE TALERICO asked about the cost per unit of a new
system and whether there was a funding source that might be
available to help defer the cost.
MR. SIEGERT said he does not know, but can find out.
REPRESENTATIVE TALERICO said he would like to know the actual
cost per system.
8:28:18 AM
REPRESENTATIVE GRENN responded that the cost can range from zero
to $25 per device.
8:28:50 AM
REPRESENTATIVE SADDLER concluded that that would be a
significant cost. He remarked that technology changes
frequently.
REPRESENTATIVE GRENN emphasized that he had said the cost could
be "up to $25," depending on the software being used. He
speculated that for a hotel to upgrade its system for $2,500 for
100 phones would be worth it in terms of knowing it has
installed a great public safety device.
8:31:05 AM
MR. SIEGERT, in response to Representative Saddler, said
President Donald Trump had signed Carrie's Law into effect about
three weeks ago, a provision of which holds that after 2020, any
MLTS system sold or manufactured in the United States must have
the ability to use E911. He reiterated that there is a
grandfather clause in Section 1 of the bill. To a follow-up
question, he clarified that "upgrade" means when the entire MLTS
system is upgraded. Addressing a former question, Mr. Siegert
read an excerpt from US House Resolution 582(b), System
Installation Management and Operation, as follows:
A person engaged in the business of installing,
managing, or operating multi-line telephone systems
may not install, manage, or operate for use in the
United States such a system, unless such system is
configured such that a user may directly initiate a
call to 911 from any station equipped with dialing
facilities without dialing any additional digit code,
prefix, or postfix...
REPRESENTATIVE SADDLER asked if HB 385 would apply to military
bases in Alaska. He surmised that those entities may have their
own federal standards of communication and may or may not
appreciate the imposition of the state's standards.
MR. SIEGERT responded yes, if the military bases have an MLTS
system. In response to Co-Chair Parish, he amended his answer
to offer his understanding that that would be in the event that
the municipality to which the military base belongs passes an
ordinance.
8:34:50 AM
The committee took an at-ease from 8:34 a.m. to 8:35 a.m.
8:35:40 AM
REPRESENTATIVE DRUMMOND moved that the committee adopt the
proposed committee substitute (CS) for HB 385, Version 30-
LS1456\D, Laffen, 3/5/18, as the working document.
8:36:13 AM
CO-CHAIR PARISH recapped the changes that would be made under
Version D.
REPRESENTATIVE SADDLER noted he had been looking at the original
bill when he had previously mentioned that the RCA had
regulatory authority. He asked if that had been removed from
Version D.
8:36:59 AM
MR. SIEGERT confirmed that that language had been removed from
Version D. He explained the reason was that nearly every
provision in HB 385 was taken from the regulations from the
RCA's ten-year docket, open from 2005-2015, named R-5-05. He
reiterated his earlier opening comments about giving local
control to municipalities.
8:38:03 AM
CO-CHAIR PARISH announced that there being no objection, Version
D was before the committee as a working document.
8:38:46 AM
The committee took an at-ease from 8:38 a.m. to 8:40 a.m.
8:40:09 AM
CO-CHAIR PARISH announced he would move next to invited
testimony.
8:40:43 AM
JILL DOLAN, Borough Attorney, Fairbanks North Star Borough,
responded to a question previously heard as to whether a home
rule municipality would be distinguished from a second-class
borough such as Fairbanks. She stated that one of the specific
restrictions in the Title 29 on home rule powers is related to
the E911 system. She explained that there are federal laws and
FCC rules providing the universal 911 calling numbers, and those
rules often requirement carriers to deliver 911 calls to
specific public safety answering points. She said it is up to
the state as to whether the E911 system is done at a statewide
or local level. Fairbanks has the local program through the
Title 29 legislation, which applies equally to home rule or any
other kind of organized municipality. She said she does not
think there is a distinction currently between the two. She
said, "This is the enabling legislation for all of us to
implement our enhanced 911 systems at the local level."
8:42:17 AM
REPRESENTATIVE SADDLER asked Ms. Dolan to clarify whether
Fairbanks, Alaska, currently has the E911 system.
MS. DOLAN answered that FNSB does have the system, but it does
not currently have specific legislation requiring the multi-line
telephone system operators to provide the specific location
information that would be implemented under HB 385. In response
to a follow-up question, Ms. Dolan related that in setting up
the current E911 system in Fairbanks, the borough has had
problems with one specific service provider, which required
court action to resolve the issue. Typically speaking, she
opined that the system works well. The borough has a central
answering center for its E911 system. She offered there are
other E911 systems throughout Alaska, including in Anchorage,
Juneau, Kenai, and Matanuska-Susitna; it means the delivery of
specific location information with the call. To a further
question, she credited Mr. Gibbs, the emergency operations
director for FNSB, for being responsible for the system that
FNSB currently has. She surmised Mr. Gibbs could speak more to
the reasons behind the system.
8:45:35 AM
MR. GIBBS said as part of his duties, he serves as the 911
system administrator for FNSB. He related that FNSB supports HB
385. He said the borough has identified this issue as one of
its legislative priorities. He stated that multi-line telephone
systems are used in FNSB, both by public and private entities,
including the University of Alaska Fairbanks, numerous hotels,
the borough government offices, big box stores, and schools. He
said one issue that has been identified is that FNSB does not
have good location information for the devices used to access
911. He referred to a handout in the committee packet he had
provided, in which is a graphic illustrating that there are
hundreds, if not thousands, of telephone devices from UAF that
when 911 is called, the address resolves to a single switch
location at 1054 University Avenue. He said this also includes
the Poker Flats Rocket Range, which is 30 miles away from that
address. He said the impetus for HB 385 is that FNSB has had
multiple examples of emergency responders being delayed because
they were at a dispatch to the wrong building at a large campus
or had to embark on a service in a large hotel.
8:48:00 AM
MR. GIBBS stated one benefit of HB 385 is that it would require
that multi-line 911 system information be transmitted directly
to the 911 call center and not to a security desk, which is what
a lot of places do. He said a security desk may be attended by
a person who is either ill-trained or ill-equipped to handle the
call. He stressed the importance of requiring multi-line system
operators have systems that will allow a caller to dial without
an additional prefix, such as an 8 or 9.
MR. GIBBS, in response to previous questions, proffered that
E911 has been around in Fairbanks since the late 1980s; however,
there are places in the Northwest Arctic that do not have even
the basic 911 service. He echoed Ms. Dolan's remark that many
municipalities in Alaska have already employed E911 systems. He
speculated that anyone who has already implemented E911 would
probably be taking a good look at implementing an ordinance for
a multi-line telephone system. He offered his understanding
that the Anchorage Police Department is interested and would
most likely be willing to testify. Mr. Gibbs said the cost
would range from zero, if someone were to enter the information
directly into an existing 911 location database, to
approximately $3,500 for an enhanced switch for very large
multi-line telephone systems. He said a lot of companies employ
third-party service providers; therefore, the cost can be fairly
large depending on the size of the facility and the number of
access lines. Mr. Gibbs concluded by encouraging the committee
to support HB 385.
8:50:54 AM
REPRESENTATIVE SADDLER asked what "pretty large" would be.
MR. GIBBS said he could not estimate how large the cost could be
regarding those companies that subscribe to a third-party
service, but he said the cost would be on a per device basis.
In response to a follow-up question, he relayed that for "wire-
line 911," which is for residential and commercial telephones,
the information is maintained by the telephone company providing
phone service. If someone moves or a customer is added or
dropped, that information is an automated process that updates
daily. The multi-line telephone systems have two databases.
One is maintained by the operator, who needs to know the
location of each of the devices, and the others in the 911
automatic location information database, which he said is "kind
of the crux of what we're doing here." He added, "That could be
done by them simply having an automated link, as we do with
telephone companies, where they just daily provide their moves,
adds, or deletes to us, or they could go in periodically and
make changes on a smaller system - they may not have many
changes - so, we could give them authorization to actually
access our system and update their records."
REPRESENTATIVE SADDLER asked, "So, the 911 database, that's a
... municipality database. Is that correct?"
MR. GIBBS answered that is correct.
8:53:45 AM
CO-CHAIR PARISH asked Mr. Gibbs if he is aware of any research
correlating rates of positive or negative outcomes of emergency
calls to the implementation of a multi-line system.
MR. GIBBS answered that he is aware of only anecdotal
information but no performance metrics.
CO-CHAIR PARISH said he trusts Mr. Gigg's anecdotes, as well as
those of other entities such as the Alaska Fire Chiefs
Association, the Professional Fire Fighters Association, and the
Fairbanks North Star Borough.
8:55:32 AM
KATHI WASSERMAN, Executive Director, Alaska Municipal League,
testified that AML supports both changes outlined in Version D
of HB 385. She expressed appreciation for the sponsor's and his
staff's mention of local control, which is AML's main thrust for
any legislation it supports. She ventured almost half of the
organized municipalities in Alaska do not have an organized 911
service. She said a community she was from tried to get it, but
all the rules and regulations regarding federal airwaves [make
it difficult]. Ms. Wasserman stated that requiring a community
to opt-out is "a lot of needless work" in a place such as
Anaktuvuk Pass or Kobuk, when they cannot even get 911;
therefore, she opined an opt-in system is much smarter. She
said the RCA tends to be focused on Fairbanks, Anchorage, and
Juneau and leave the other 160 communities "kind of out in the
back." She advised that it is much easier when an issue like
this is kept under local control. She stated, "I would hope
that one day we would not have to go through all of this to
allow a municipality to do what they think is good and safe for
their residents." She stated that AML supports HB 385.
8:58:17 AM
CO-CHAIR PARISH opened public testimony on HB 385. After
ascertaining that there was no one who wished to testify, he
closed public testimony.
8:59:12 AM
CO-CHAIR PARISH announced that HB 385 was held over.
9:00:39 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:01 a.m.