138-2 Enhanced 911 board. (a) There is created within the department of accounting and general services, for administrative purposes, an enhanced 911 board consisting of thirteen voting members; provided that the membership shall consist of:

(1) The chief information officer or the chief information officer's designee;

(2) Three representatives from wireless communications service providers, who shall be appointed by the governor as provided in section 26-34;

(3) One representative each from the public safety answering points for Oahu, Hawaii, Kauai, Maui, and Molokai 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;

(4) The consumer advocate or the consumer advocate's designee;

(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

(6) One representative of the public utility providing telecommunications services and land line enhanced 911 services through section 269-16.95.

(b) 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 providers, the public utility providing telecommunications services and land line enhanced 911 services through section 269-16.95, and Interconnected Voice over Internet Protocol service providers shall be appointed by the governor for terms of two years.

(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.

(h) The members shall serve without compensation. Members shall be entitled to reimbursements from the enhanced 911 fund for reasonable traveling expenses incurred in connection with the performance of board duties.

(i) The board or its chairperson, with the approval of the board, may employ an executive director exempt from chapters 76 and 89, and other staff, and 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 employee, third-party accounting firm, consultant, or other third party hired to perform these administrative duties may be retained if the employee, 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.

(j) The board shall develop reasonable procedures to ensure that all members receive adequate notice of board meetings and information concerning board decisions. [L 2004, c 159, pt of 2; am L 2005, c 49, 1; am L 2008, c 22, 2; am L 2011, c 168, pt of 1; am L 2013, c 22, 1; am L 2015, c 178, 2]

 

Attorney General Opinions

 

Subsection (f) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.

 

 

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