Bill Text: HI SB1227 | 2011 | Regular Session | Amended
Bill Title: Enhanced 911 Services; Surcharge; Fund; Board
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to PBM, CPC, FIN, referral sheet 33 [SB1227 Detail]
Download: Hawaii-2011-SB1227-Amended.html
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THE SENATE |
S.B. NO. |
1227 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENHANCED 911 SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 138, Hawaii Revised Statutes, is amended to read as follows:
"[[]CHAPTER
138[]]
ENHANCED
911 SERVICES [FOR MOBILE PHONES
[]§138-1[]] Definitions.
As used in this chapter, unless the context requires otherwise:
"911" means the digits, address, internet protocol address, or other information used to access or initiate a call to a public safety answering point.
"911 system" means an emergency communications system that:
(1) Enables the user of a voice communications service connection such as telephone, computer, or commercial mobile radio service, interconnected voice over internet protocol service or a data communications service connection that transmits data exclusively, such as text messaging, to reach a public safety answering point by accessing 911, or via a service or relay bureau or accessing a 911 system through some other means; and
(2) Provides enhanced 911 service.
"Automatic location identification"
means [a wireless] an enhanced 911 service capability that
enables the automatic display of information indicating the address or
approximate geographic location of the [wireless telephone] communication
device used to place a 911 call [in accordance with the Federal
Communications Commission Order].
"Automatic number identification"
means [a wireless] an enhanced 911 service capability that
enables the automatic display of the ten-digit [wireless] telephone
number [used to place a 911 call in accordance with the Federal
Communications Commission order.] or some other unique identifier of the
device from which a 911 call is placed.
"Board" means the [wireless]
enhanced 911 board established under this chapter.
"Call" means any communication, message, signal, or transmission.
"Commercial mobile radio service" means commercial mobile radio service under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, August 10, 1993, 107 Stat. 312.
"Commercial mobile radio service connection" means each active wireless telephone number assigned to a commercial mobile radio service customer, including end-users of resellers whose place of primary use is within the State.
["Federal Communications Commission
order" means the original order issued in the Federal Communications Commission
Docket No. 94-102 governing wireless enhanced 911 service and any other Federal
[Communications] Commission orders related to the provision of wireless
enhanced 911 service.]
"Communications service" means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, interconnected voice over internet protocol device, indirect communication through a service bureau or call relay service, such as alarm companies or any other means.
"Communications service connection" means each telephone number or a device's unique identifier assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed.
"Communications service provider" means an entity that provides communications service to a subscriber.
"Competitive local exchange carrier" means an alternative provider of local communication services other than the incumbent local exchange carrier.
"Database service provider" means a service supplier who maintains and supplies or contracts to maintain and supply an automatic information location database or master street address guide.
"Enhanced 911 fund" or "fund" means the special fund established by section 138-3.
"Enhanced 911 service costs" means all capital, nonrecurring, and recurring costs directly related to the implementation, operation, and administration of enhanced 911 services.
"Interconnected voice over internet protocol" or "voice over internet protocol" means a service that:
(1) Enables real-time, two-way voice communications;
(2) Requires a broadband connection from the user's location;
(3) Requires internet protocol-compatible customer premises equipment; and
(4) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
"Interconnected voice over internet protocol service provider" means an entity that provides interconnected voice over internet protocol service.
"Prepaid connection" means the sale of a communications service that is paid for in advance or sold in predetermined units of which the number of units declines with use of the services.
"Proprietary information" means
customer lists and other related information (including the number of
customers), technology descriptions, technical information, or trade secrets,
and the actual or developmental costs of [wireless] enhanced 911 service
that are developed, produced, or received internally by a [wireless] communications
service provider or by a provider's employees, directors, officers, or
agents.
"Public safety agency" means a
functional division of [the State or county] a governmental entity
that provides or has authority to provide, or a private entity contracted by a
[state or county agency] governmental entity that provides,
firefighting, law enforcement, ambulance, medical, or other emergency services.
"Public safety answering point" means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls.
"Reseller" means a person or entity
that purchases [commercial mobile radio service] communications
services from a [wireless] communications service provider
for the purpose of reselling [commercial mobile radio service] communications
services to end-users.
["Wireless enhanced 911 commercial
mobile radio service costs" means all capital, nonrecurring, and recurring
costs directly related to the implementation and operation of phase I or phase
II wireless enhanced 911 services pursuant to the Federal Communications
Commission order.
"Wireless enhanced 911 fund" or
"fund" means the statewide special fund established to ensure
adequate cost recovery for the deployment of phase I and phase II wireless
enhanced 911 service in Hawaii.
"Wireless provider" means a person
or entity that is authorized by the Federal Communications Commission to
provide facilities-based commercial mobile radio service within the State.]
"Universal emergency number service" or "911 service" means public communications service that provides service users with the ability to reach a public safety answering point by accessing a 911 system.
[[]§138-2[]] [Wireless
enhanced] Enhanced 911 board. (a) There is created within the
department of accounting and general services, for administrative purposes, [a
wireless] an enhanced 911 board consisting of [eleven] thirteen
voting members; provided that the membership shall consist of:
(1) The comptroller or the comptroller's designee;
(2) Three representatives from wireless communications
service providers, who shall be appointed by the governor as provided in
section 26-34[, except as otherwise provided by law];
(3) One representative each from the public safety
answering points for Oahu, Hawaii, Kauai, Maui, and Molokai[, who shall be
appointed by the governor,] and one representative, chosen by the mayor
of the city and county of Honolulu, who shall be appointed by the governor
as provided in section 26-34 [except as otherwise provided by law, from a
list of five names submitted by each respective public safety answering point];
(4) The consumer advocate or the consumer advocate's
designee; [and]
(5) One representative from a communications service company that offers interconnected voice over internet protocol services, who shall be appointed by the governor as provided in section 26-34; and
[(5)] (6) One representative of the
current [wireline provider of enhanced 911.] local exchange carrier.
(b) [Six members] A simple majority
shall constitute a quorum, whose affirmative vote shall be necessary for all
actions by the board.
(c) The chairperson of the board shall be elected by the members of the board by simple majority and shall serve a term of one year.
(d) The board shall meet upon the call of the chairperson, but not less than quarterly.
(e) The members representing wireless,
local exchange carrier, and interconnected voice over internet protocol service
providers shall be appointed by the governor for terms of two years[, except
that terms of the two members initially appointed shall be for eighteen months].
(f) Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall apply only insofar as it relates to succession, vacancies, and suspension of board members, and as provided in subsection (a).
(g) The board may adopt rules under chapter 91 as necessary to carry out the purposes of this chapter.
[(g)] (h) The members shall
serve without compensation. Members shall be entitled to reimbursements from
the [wireless] enhanced 911 fund for reasonable traveling expenses
incurred in connection with the performance of board duties.
[(h)] (i) The board or its
chairperson, with the approval of the board, may retain independent,
third-party accounting firms, consultants, or other third party to:
(1) Create reports, make payments into the fund, process checks, and make distributions from the fund, as directed by the board and as allowed by this chapter; and
(2) Perform administrative duties necessary to
administer the fund or oversee operations of the board, including providing
technical advisory support[.]; provided that no third-party
accounting firm, consultant, or other third party hired to perform these
administrative duties may be retained if the accounting firm, consultant, or
other third party, either directly or indirectly, has a conflict of interest or
is affiliated with the management of or owns a pecuniary interest in any entity
subject to the provisions of this chapter.
[(i)] (j) The board shall
develop reasonable procedures to ensure that all [wireless providers] members
receive adequate notice of board meetings and information concerning board
decisions.
[[]§138-3[] Wireless
enhanced] Enhanced 911 fund. There is established outside the
state treasury a special fund, to be known as the [wireless] enhanced
911 fund, to be administered by the board. The fund shall consist of amounts
collected under section 138-4. The board shall place the funds in an
interest-bearing account at any federally insured financial institution,
separate and apart from the general fund of the State. Moneys in the fund
shall be expended exclusively by the board for the purposes of ensuring
adequate [cost recovery for the deployment, of phase I and phase II wireless]
funding to deploy and sustain enhanced 911 service, to develop and
fund future enhanced 911 technologies, and for expenses of administering
the fund. [Any funds that accumulate in the wireless enhanced 911 fund
shall be retained in the fund unless determined by the legislature to be in
excess.]
[[]§138-4[]] Surcharge. (a)
A monthly [wireless] enhanced 911 surcharge, subject to this chapter,
shall be imposed upon each [commercial mobile radio] communications
service connection[.], except connections of the local exchange
carrier providing land line enhanced 911 services through section 269-16.95.
(b) [The effective date of the surcharge
shall be July 1, 2004.] The rate of the surcharge shall be set at 66 cents
per month for each [commercial mobile radio] communications
service connection. The surcharge shall have uniform application and shall be
imposed on each [commercial mobile radio] communications service
connection operating within the State except:
(1) Connections billed to federal, state, and county
governmental entities; [and]
(2) Prepaid connections [.]; and
(3) Connections provided by a local exchange carrier providing land line enhanced 911 services through section 269-16.95.
(c) All [wireless] communications
service providers and resellers shall bill to and collect from each of
their customers a monthly surcharge at the rate established for each [commercial
mobile radio] communications service connection. The [wireless]
communications service provider or reseller may list the surcharge as a
separate line item on each bill. If a [wireless] communications
service provider or reseller receives a partial payment for a monthly bill
from a [commercial mobile radio] communications service customer,
the [wireless] communications service provider or reseller shall
apply the payment against the amount the customer owes the [wireless] communications
service provider or reseller, before applying the partial payment against
the surcharge.
(d) A [wireless] communications
service provider that:
(1) Is collecting the surcharge and remitting appropriate portions of the surcharge to the fund pursuant to this chapter; and
(2) Has been requested by a public safety answering
point to provide [phase I or phase II wireless] enhanced 911 service in
a particular county or counties,
may recover [wireless] enhanced 911 [commercial
mobile radio] service costs as provided in this chapter.
(e) Each [wireless] communications
service provider or reseller may retain two per cent of the amount of
surcharges collected to offset administrative expenses associated with billing
and collecting the surcharge.
(f) A [wireless] communications
service provider or reseller shall remit to the [wireless] enhanced
911 fund, within sixty days after the end of the calendar month in which the
surcharge is collected, an amount that represents the surcharges collected less
amounts retained for administrative expenses incurred by the [wireless] communications
service provider or reseller, as provided in subsection (e).
(g) A public utility providing local exchange enhanced 911 communication services for its customer base and other service providers using the wire line provider′s enhanced 911 service may collect and retain the surcharge at the established rate set forth in section 269-16.95.
[(g)] (h) The surcharges
collected by the [wireless] communications service provider or
reseller pursuant to this section shall not be subject to any tax, fee, or
assessment, nor are [they] the surcharges considered revenue of
the provider or reseller.
[(h)] (i) Each customer who is
subject to this chapter shall be liable to the State for the surcharge until it
has been paid to the [wireless] communications service provider.
[Wireless] Communications service providers shall have no
liability to remit surcharges that have not been paid by customers. A [wireless]
communications service provider or reseller shall have no obligation to
take any legal action to enforce the collection of the surcharge for which any
customer is billed. However, the board may initiate a collection action against
the customer. If the board prevails in such a collection action, reasonable
attorney's fees and costs shall be awarded.
[(i)] (j) At any time the
members deem it necessary and appropriate, the board may meet to make
recommendations to the legislature as to whether the surcharge and fund should
be discontinued, continued as is, or amended.
[(j)] (k) When considering
whether to discontinue, continue as is, or amend the fund or surcharge, the
board's recommendations shall be based on the latest available information
concerning costs associated with providing [wireless] enhanced 911
service [in accordance with the Federal Communications Commission order].
[[]§138-5[] Recovery]
Disbursements from the fund. (a) [After January 1, 2005, every]
Every public safety answering point shall be eligible to seek [reimbursement]
disbursements from the fund [solely] to pay for the reasonable
costs to lease, purchase, or maintain all necessary equipment, including
computer hardware, software, and database provisioning, required by the public
safety answering point to provide technical functionality for the [wireless]
enhanced 911 service [pursuant to the Federal Communications Commission
order]. Reasonable costs may include expenses directly associated with
the planning phases and training of personnel in any new and emerging
technologies involving enhanced 911. All other expenses necessary to
operate the public safety answering point, including but not limited to those
expenses related to overhead, staffing, and other day-to-day operational
expenses, shall continue to be paid through the general funding of the
respective counties.
(b) Every public safety answering point shall be eligible to seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than enhanced 911 board members, on enhanced 911 board committees, including established and investigative committees.
[(b) After January 1, 2005, each wireless]
(c) Each communications service provider may request reimbursement from
the fund of [wireless] enhanced 911 [commercial mobile radio]
service costs incurred; provided that the costs:
(1) Are recoverable under section 138-4(d); and
(2) Have not already been reimbursed to the [wireless]
communications service provider from the fund.
In no event shall a [wireless] communications
service provider be reimbursed for any amount above its actual [wireless]
enhanced 911 [commercial mobile radio] communications service
costs allowed to be recovered under section 138-4(d).
(d) Every communications service provider may seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than board members, on board committees, including established and investigative committees.
[(c)] (e) After the expenses of
the board are paid, the public safety answering points shall be allocated
two-thirds of the remaining balance of the fund. The remaining one-third shall
be available for [wireless] communications service provider cost
recovery. The board shall determine the reimbursement amounts for the public
safety answering points, based on the limitations set forth in section
138-5(a). The reimbursement level for each [wireless] communications
service provider shall be limited:
(1) To one third of the total contribution
made by the [wireless] individual communications service provider
[to the wireless provider cost recovery portion of] into the
fund; provided that this method of direct reimbursement shall not be
available to the provider of wire line enhanced 911; and
(2) As provided in [section 138-5(b).] subsection
(c).
[[]§138-6[]] Report to
the legislature. The board shall submit an annual report to the
legislature, including:
(1) The total aggregate surcharge collected by the State in the last fiscal year;
(2) The amount of disbursement from the fund;
(3) The recipient of each disbursement and a description of the project for which the money was disbursed;
(4) The conditions, if any, placed by the board on disbursements from the fund;
(5) The planned expenditures from the fund in the next fiscal year;
(6) The amount of any unexpended funds carried forward for the next fiscal year;
(7) A cost study to guide the legislature towards necessary adjustments to the fund and the monthly surcharge; and
(8) A [progress] status report of jurisdictional
[readiness] capabilities for [wireless E911] enhanced
911 services, including public safety answering points[, wireless
providers,] and [wireline] communications service providers.
[The report shall include the status of requirements outlined in the Federal
Communications Commission Order 94-102 and subsequent supporting orders related
to phase I and phase II wireless 911 services.
[]§138-7 Audits.[]] (a)
During any period in which [a wireless] an enhanced 911 surcharge
is imposed upon customers, the board may request an audited report prepared by
an independent certified public accountant that demonstrates that the request
for cost recovery from public safety answering points and [wireless] communications
service providers recovers only costs and expenses directly related to the
provision of [phase I or phase II wireless] enhanced 911 service as
authorized by this chapter. The cost of the audited reports shall be
considered expenses of the board. The board shall prevent public disclosure of
proprietary information contained in the audited report, unless required by
court order or appropriate administrative agency decision.
(b) The board shall select an independent
third party to audit the fund every two years to determine whether the fund is
being managed in accordance with this chapter. The board may use the audit to
determine whether the amount of the surcharge assessed on each [commercial
mobile radio] communications service connection is required to be
adjusted. The costs of the audit shall be an administrative cost of the board
recoverable from the fund.
[[]§138-8[]] Proprietary
information. (a) All proprietary information submitted to the board by
any third party used by the board in connection with its duties or any public safety
answering point in deploying [wireless] enhanced 911 service
shall be retained in confidence. Proprietary information submitted pursuant to
this chapter shall not be released to any person, other than to the submitting
[wireless] communications service provider or reseller, the
board, or any independent, third-party accounting firm retained by the board,
without the express permission of the submitting [wireless] communications
service provider or reseller. General information collected by the board
shall be released or published only in aggregate amounts that do not identify
or allow identification of numbers of subscribers or revenues attributable to
an individual [wireless] communications service provider.
(b) The board, any third parties it may
retain, and any public safety answering point shall take appropriate measures
to maintain the confidentiality of the proprietary information that may be
submitted by a [wireless] communications service provider. The
board shall hold all propriety information in confidence and shall adopt
reasonable procedures to prevent disclosure or providing access to the
proprietary information to the public and competitors, including members of the
board representing other [wireless] communications service
providers. Members of the board shall not disclose the information to any third
parties, including their employers, without the written consent of the [wireless]
communications service provider whose proprietary information is to be
disclosed.
(c) A committee consisting of all board
members, except the [three wireless] communications service
provider representatives, shall have the power to act for the board on the
specific matters defined by the board, when at least two-thirds of the members
of the board determine that a board action may be conducted by the committee to
prevent disclosure of proprietary information to the [wireless] communications
service provider representatives.
[[]§138-9[]] Limitation
of liability. (a) Notwithstanding any law to the contrary, in no event
shall any [wireless] communications service provider, reseller, independent,
third-party accounting firms, consultants, or other third party retained by the
State under section 138-2, or their respective employees, directors,
officers, assigns, affiliates, or agents, except in cases of gross negligence
or wanton and wilful misconduct, be liable for any civil damages or criminal
liability resulting from death or injury to a person or from damage to property
incurred by any person in connection with any act or omission in developing,
designing, adopting, establishing, installing, participating in, implementing,
maintaining, or providing access to [phase I or phase II wireless]
enhanced 911 or any other [wireless] communications service
intended to help persons obtain emergency assistance. In addition, no [wireless]
communications service provider, reseller, independent, third-party
accounting firms, consultants, or other third party retained by the State under
section 138-2, or their respective employees, directors, officers, assigns,
affiliates, or agents shall be liable for civil damages or criminal liability
in connection with the release of customer information to any governmental
entity, including any public safety answering point, as required under this
chapter.
(b) In no event shall any public safety
answering point, or its employees, assigns, or agents, or emergency response
personnel, except in cases of gross negligence or wanton and wilful misconduct,
be liable for any civil damages or criminal liability resulting from death or
injury to the person or from damage to property incurred by any person in
connection with any act or omission in the development, installation,
maintenance, operation, or provision of [phase I or phase II wireless]
enhanced 911 service.
[[]§138-10[]] Database
or location information. (a) Any [commercial mobile radio] communications
service location information obtained by any public safety answering point or
public safety agency or its personnel for public safety purposes is not a
government record open to disclosure under chapter 92F.
(b) A person shall not disclose or use, for
any purpose other than the [wireless] enhanced 911 calling system,
information contained in the database of the [wireless] communications
service provider's network portion of the [wireless] enhanced 911
calling system established pursuant to this chapter, without the prior written
consent of the [wireless] communications service provider.
[[]§138-11[]] Dispute
resolution. (a) Any [wireless] communications service
provider, reseller, independent, third-party accounting firms, consultants,
or other third party retained by the State under section 138-2, or public
safety answering point aggrieved by a decision of the board shall have the
right to petition the board for reconsideration within ten days following the
rendering of the board's decision. As part of its petition for
reconsideration, the aggrieved party may present any reasonable evidence or
information for the board to consider. The board shall render its decision on
the reconsideration petition as soon as reasonably possible, but no later than
thirty days after the reconsideration request is made.
(b) An aggrieved party, following the
completion of the reconsideration petition process, upon agreement of the other
party, may have the dispute resolved through final and binding arbitration by a
single arbitrator in accordance with the [Wireless] Industry Arbitration
Rules of the American Arbitration Association. The costs of the arbitration,
including the fees and expenses of the arbitrator, shall be borne by the
nonprevailing party of any arbitration proceeding. The arbitrator's decision
shall be final and binding and may be confirmed and enforced in any court of
competent jurisdiction.
(c) Nothing in this section shall preclude any
[wireless] communications service provider, reseller, independent,
third-party accounting firms, consultants, or other third party retained by
the State under section 138-2, or public safety answering point from
pursuing any existing right or remedy to which it is entitled in any court
having jurisdiction thereof.
[[]§138-12[]] Service
contracts. A [wireless] communications service provider
shall not be required to provide [wireless] enhanced 911 service until
the [wireless] communications service provider and the public
safety answering point providing [wireless] enhanced 911 service in the
county or counties in which the [wireless] communications service
provider is licensed to provide [commercial mobile radio] communications
service have entered into a written agreement setting forth the basic terms of
service to be provided."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect July 1, 2050.
Report Title:
Enhanced 911 Services; Surcharge; Fund; Board
Description:
Establishes a single entity to administer enhanced 911 services for the State and expands the membership and responsibilities of the Wireless Enhanced 911 Board. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
