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HOUSE BILL NO. 138
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE MINA
Introduced: 3/17/25
Referred: Health and Social Services, Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act establishing a behavioral health crisis services surcharge; establishing the 1
behavioral health crisis services fund; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 43.98 is amended by adding a new section to read: 4
Article 5. Behavioral Health Crisis Services Surcharge. 5
Sec. 43.98.080. Behavioral health crisis services surcharge; behavioral 6
health crisis services fund. (a) A behavioral health crisis services surcharge of $.98 a 7
month is imposed for each wireless telephone number and for each local exchange 8
access line for wireline telephones. 9
(b) A local exchange telephone company that provides service in the state 10
shall bill each month and collect a behavioral health crisis services surcharge from 11
each customer. A wireless telephone company that provides telephone service to a 12
customer with a billing address in the state shall impose a behavioral health crisis 13
services surcharge each month and collect the surcharge from the customer. A local 14 34-LS0471\I
HB 138 -2- HB0138a
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exchange telephone customer may not be subject to more than one behavioral health 1
crisis services surcharge on a local exchange access line for a wireline telephone. A 2
wireless telephone customer may not be subject to more than one behavioral health 3
crisis services surcharge for each wireless telephone number. A customer that has 4
more than 100 local exchange access lines from a local exchange telephone company 5
in the state is liable for the behavioral health crisis services surcharge only on 100 6
local exchange access lines. 7
(c) A local exchange telephone company or wireless telephone company shall 8
include the appropriate behavioral health crisis services surcharge, stated separately 9
and included in the total amount owed, in the bill delivered to a customer. The 10
Regulatory Commission of Alaska may not consider the behavioral health crisis 11
services surcharge as revenue of the telephone company and has no jurisdiction over 12
behavioral health crisis services. A customer is liable for payment of the surcharge in 13
the amount billed by the telephone company until the amount has been paid to the 14
telephone company. 15
(d) A local exchange telephone company or wireless telephone company that 16
has collected the behavioral health crisis services surcharge shall remit the amount 17
collected to the department not later than 60 days after the end of the month in which 18
the amount was collected. From each remittance made in a timely manner under this 19
subsection, the telephone company is entitled to deduct and retain the greater of one 20
percent of the collected amount or $150 as the cost of administration for collecting the 21
surcharge. 22
(e) A local exchange telephone company or wireless telephone company is not 23
obligated to take legal action to enforce collection of the behavioral health crisis 24
services surcharge. However, if a telephone company attempts to collect an unpaid 25
debt from a customer, the telephone company shall also attempt to collect any unpaid 26
behavioral health crisis services surcharges that the customer owes. If a customer pays 27
a portion of a bill that includes a behavioral health crisis services surcharge, the 28
amount paid is prorated between the telephone company and the surcharge. The 29
telephone company shall annually provide the department with a list of the amounts 30
due for the nonpayment of behavioral health crisis services surcharges, together with 31 34-LS0471\I
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the name and address of each customer who carries a balance that can be determined 1
by the telephone company to be for the nonpayment of the surcharge. The telephone 2
company is not liable for an uncollected amount. 3
(f) The department may, at its own expense, require an annual audit of a local 4
exchange telephone company's or wireless telephone company's books and records 5
concerning the collection and remittance of the behavioral health crisis services 6
surcharge. 7
(g) The behavioral health crisis services fund is established in the general 8
fund. The Department of Administration shall separately account for the behavioral 9
health crisis services surcharge collected under this section and deposit the surcharge 10
into the behavioral health crisis services fund. The fund consists of the money 11
deposited by the Department of Administration under this subsection, donations to the 12
fund, interest earned on the fund, and appropriations made to the fund. The legislature 13
may appropriate the annual estimated balance in the fund to the Department of Health 14
for the purposes of 15
(1) establishing, operating, maintaining, and improving the single 16
three-digit number 988 for reporting a behavioral health issue or crisis, including 17
personnel costs, technology, and infrastructure enhancements necessary to achieve 18
operational and clinical standards and evidence-based best practices; 19
(2) providing services to a person experiencing a behavioral health 20
crisis; 21
(3) recruiting and retaining qualified behavioral health services 22
personnel; 23
(4) providing specialized training related to providing behavioral 24
health services to at-risk communities, including providing culturally and 25
linguistically competent behavioral health services; 26
(5) providing behavioral health education and raising public awareness 27
of the single three-digit number 988 and other behavioral health crisis services 28
available in the state; 29
(6) collecting, analyzing, and reporting data, including seeking 30
feedback from behavioral health services recipients and related quality improvement 31 34-LS0471\I
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activities; 1
(7) administration, oversight, and evaluation of the behavioral health 2
crisis services fund. 3
(h) Nothing in this section creates a dedicated fund. 4
(i) In this section, 5
(1) "local exchange access line" has the meaning given in 6
AS 29.35.137; 7
(2) "local exchange telephone company" has the meaning given in 8
AS 29.35.137; 9
(3) "wireless telephone" has the meaning given in AS 29.35.137; 10
(4) "wireless telephone company" has the meaning given in 11
AS 29.35.137; 12
(5) "wireline telephone" has the meaning given in AS 29.35.137. 13
* Sec. 2. This Act takes effect July 1, 2025. 14