REPORT TITLE:
Enhanced 911 service


DESCRIPTION:
Implements a cost recovery mechanism to allow commercial mobile
radio service providers to recover costs incurred for providing
wireless enhanced 911 services.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        661
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENHANCED WIRELESS EMERGENCY 911 SERVICE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the department of
 
 2 health, in addition to the functions and duties assigned to it
 
 3 under chapter 321, Hawaii Revised Statutes, is required to assist
 
 4 each county in the development of an emergency 911 telephone
 
 5 system.
 
 6      The legislature further finds that the mobile nature of
 
 7 wireless communications service creates complexities in providing
 
 8 911 emergency services.  The Federal Communications Commission
 
 9 (FCC), in FCC Docket No. 94-102, adopted regulations that require
 
10 commercial mobile radio service providers to provide wireless
 
11 enhanced 911 service, if requested by the local government or a
 
12 public safety agency responsible for the emergency 911 functions,
 
13 within certain time parameters (FCC order).
 
14      The FCC requires the implementation of a cost recovery
 
15 mechanism to allow commercial mobile radio service providers to
 
16 recover their costs for designing, purchasing, installing,
 
17 testing, and operating enhanced facilities, systems, and services
 
18 necessary to comply with emergency 911 requirements.  It is in
 
19 the public interest to establish a cost recovery mechanism in
 

 
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 1 accordance with the FCC order so that the citizens of Hawaii who
 
 2 use commercial mobile radio service will realize the benefits of
 
 3 wireless enhanced 911 service.
 
 4      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 5 a new chapter to be appropriately designated and to read as
 
 6 follows:
 
 7                             "CHAPTER
 
 8              ENHANCED 911 SERVICES FOR MOBILE PHONES
 
 9         -1 Definitions.  As used in this chapter, unless the
 
10 context requires otherwise:
 
11      "Automatic location identification" means a wireless
 
12 enhanced 911 service capability that enables the automatic
 
13 display of information defining the approximate geographic
 
14 location of the wireless telephone used to place a 911 call in
 
15 accordance with the Federal Communications Commission order.
 
16      "Automatic number identification" means a wireless enhanced
 
17 911 service capability that enables the automatic display of the
 
18 ten-digit wireless telephone number used to place a 911 call in
 
19 accordance with the Federal Communications Commission order.
 
20      "Board" means the wireless enhanced 911 board established
 
21 under this chapter.
 
22      "Commercial mobile radio service" means commercial mobile
 
23 radio service under sections 3(27) and 332(d) of the Federal
 

 
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 1 Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the
 
 2 Omnibus Budget Reconciliation Act of 1993, Pub.L. 103-66,
 
 3 August 10, 1993, 107 Stat. 312.  It includes the term "wireless"
 
 4 and service provided by any wireless, real time two-way voice
 
 5 communication device, including radio-telephone communications
 
 6 used in cellular telephone service, personal communications
 
 7 service, or the functional or competitive equivalent of a radio-
 
 8 telephone communications line used in cellular telephone service,
 
 9 a personal communications service, or a network radio access line
 
10 that has access to enhanced 911 service.  The term does not
 
11 include services that do not provide access to 911 service, a
 
12 communication channel suitable only for data transmission, a
 
13 wireless roaming service, or other nonlocal radio access line
 
14 service, or a private telecommunications service.
 
15      "Commercial mobile radio service connection" means each
 
16 active wireless telephone number assigned to a commercial mobile
 
17 radio service customer, including end-users of resellers, with a
 
18 billing address in the State of Hawaii.
 
19      "Federal Communications Commission order" means the original
 
20 order issued in the Federal Communications Commission Docket No.
 
21 94-102 governing wireless enhanced 911 service.
 
22      "Phase I wireless enhanced 911 service" means an emergency
 
23 telephone system, as defined by the Federal Communications
 

 
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 1 Commission order, in which wireless 911 calls and information on
 
 2 the caller's automatic number identification and the cell site in
 
 3 which the call originates are routed to an appropriate public
 
 4 safety answering point.
 
 5      "Phase II wireless enhanced 911 service" means an emergency
 
 6 telephone system, as defined by the Federal Communications
 
 7 Commission order, in which wireless 911 calls and information on
 
 8 the caller's automatic number identification and automatic
 
 9 location identification are routed to an appropriate public
 
10 safety answering point.
 
11      "Proprietary information" means customer lists and other
 
12 related information (including the number of customers),
 
13 technology descriptions, technical information, or trade secrets,
 
14 and the actual or developmental costs of wireless enhanced 911
 
15 service that are developed, produced, or received internally by a
 
16 provider or by a provider's employees, directors, officers, or
 
17 agents.
 
18      "Provider" means a person or entity that is authorized by
 
19 the Federal Communications Commission to provide facilities-based
 
20 commercial mobile radio service within the State.
 
21      "Public safety agency" means a functional division of the
 
22 State or county that provides or has authority to provide, or a
 
23 private entity contracted by a state or county agency that
 

 
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 1 provides firefighting, law enforcement, ambulance, medical, or
 
 2 other emergency services.
 
 3      "Public safety answering point" means the public safety
 
 4 agency that receives incoming 911 calls and dispatches
 
 5 appropriate public safety agencies or other providers to respond
 
 6 to such calls.
 
 7      "Reseller" means a person or entity that purchases
 
 8 commercial mobile radio service from a provider for the purpose
 
 9 of reselling commercial mobile radio service to end-users.
 
10      "Wireless enhanced 911 commercial mobile radio service
 
11 costs" means all legitimate capital, nonrecurring, and recurring
 
12 costs directly related to the implementation and operation of
 
13 Phase I or Phase II wireless enhanced 911 services pursuant to
 
14 the Federal Communications Commission order.
 
15      "Wireless enhanced 911 fund" or "fund" means the statewide
 
16 special fund established to ensure adequate cost recovery for the
 
17 deployment of phase I and phase II wireless enhanced 911 service
 
18 in Hawaii.
 
19         -2 Wireless enhanced 911 board.(a)  There is created
 
20 within the department of health for administrative purposes, a
 
21 wireless enhanced 911 board consisting of twelve voting members,
 
22 provided that the membership shall consist of:
 
23      (1)  The director of health or the director's designee, who
 

 
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 1           shall serve as the chair;
 
 2      (2)  Two representatives from large providers, who shall be
 
 3           appointed by the governor as provided in section 26-34,
 
 4           except as otherwise provided by law;
 
 5      (3)  Two representatives from small providers, who shall be
 
 6           appointed by the governor as provided in section 26-34,
 
 7           except as otherwise provided by law;
 
 8      (4)  Two representatives from either large or small
 
 9           providers, who shall be appointed by the governor as
 
10           provided in section 26-34, except as otherwise provided
 
11           by law;
 
12      (5)  One representative each from the city and county of
 
13           Honolulu and the counties of Hawaii, Kauai, and Maui,
 
14           who shall be appointed by the governor as provided in
 
15           section 26-34, from a list of five names submitted by
 
16           each respective public safety answering point, except
 
17           as otherwise provided by law; and
 
18      (6)  The consumer advocate or the consumer advocate's
 
19           designee.
 
20      (b)  Seven voting members shall constitute a quorum, whose
 
21 affirmative vote shall be necessary for all actions by the board,
 
22 provided that of the seven voting members in attendance, three
 
23 are representatives of the providers and three are
 

 
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 1 representatives of public safety answering points, except as
 
 2 provided in section    -7(c).
 
 3      (c)  The board shall meet upon the call of the chair, but no
 
 4 less than once each three months after September 30, 1999. 
 
 5      (d)  The members representing providers shall be appointed
 
 6 by the governor for terms of two years, except that terms of the
 
 7 three members initially appointed shall be for eighteen months.
 
 8      (e)  Each member shall hold office until the member's
 
 9 successor is appointed and qualified.  Section 26-34 shall be
 
10 applicable only in so far as it relates to succession, vacancies,
 
11 and suspension of board members.
 
12      (f)  A member may vote by proxy submitted in writing to the
 
13 board.
 
14      (g)  The members shall serve without compensation.  Members
 
15 shall be entitled to reimbursements from the wireless enhanced
 
16 911 fund for reasonable traveling expenses incurred in connection
 
17 with the performance of the board duties.
 
18      (h)  The board or its chair may retain independent, third
 
19 party accounting firms, consultants or other third party for
 
20 purposes of verifying reports, payments into the fund, processing
 
21 checks, and making distributions from the fund as directed by the
 
22 board and as allowed by this chapter, and other administrative
 
23 duties necessary to administer the fund or oversee operations of
 

 
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 1 the board, including technical advisory support.
 
 2      (i)  The board shall develop reasonable procedures to ensure
 
 3 that all providers receive adequate notice of board meetings and
 
 4 information concerning board decisions.
 
 5         -3 Wireless enhanced 911 fund.(a)  There is
 
 6 established outside the state treasury a special fund to be known
 
 7 as the wireless enhanced 911 fund to be administered by the
 
 8 wireless enhanced 911 board within the department of health for
 
 9 the purpose of ensuring adequate cost recovery for the deployment
 
10 of wireless enhanced 911 service in Hawaii and to be used solely
 
11 for that purpose.
 
12      (b)  The fund consists of the amounts collected under
 
13 section    -4(e).
 
14      (c)  Any expenses of administering the fund must be paid
 
15 from moneys in the fund.
 
16      (d)  The board shall place the funds in an interest-bearing
 
17 account at any federally insured financial institution.
 
18      (e)  The moneys paid into the fund are not general fund
 
19 revenues of the State and shall be kept in a fund separate and
 
20 apart from the general fund of the State to ensure adequate cost
 
21 recovery to providers and public safety answering points for the
 
22 deployment of phase I and phase II wireless enhanced 911 service
 
23 in Hawaii as specified in this section.
 

 
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 1         -4 Surcharge.  (a)  The board shall:
 
 2      (1)  Establish a monthly wireless enhanced 911 surcharge on
 
 3           each commercial mobile radio service connection within
 
 4           90 days after a public safety answering point requests
 
 5           wireless enhanced 911 service from a provider in
 
 6           accordance with the Federal Communications Commission
 
 7           order; and
 
 8      (2)  Establish the effective date of the surcharge.  The
 
 9           rate of such surcharge shall initially be set at 30
 
10           cents per month for each commercial mobile radio
 
11           service connection.  The surcharge shall not exceed 50
 
12           cents per month.  This surcharge shall have uniform
 
13           application and shall be imposed on each commercial
 
14           mobile radio service connection operating within the
 
15           State.  The surcharge may be increased or decreased in
 
16           accordance with subsection (g).
 
17      (b)  All providers and resellers, within ninety days of the
 
18 effective date of the initial surcharge or the date the board
 
19 approves any adjustment in the amount of the surcharge, as the
 
20 case may be, shall bill to and collect from each of their
 
21 customers a monthly surcharge at the rate established by the
 
22 board for each commercial mobile radio service connection.  The
 
23 provider or reseller may list the surcharge as a separate line
 

 
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 1 item on each bill.  If a provider or reseller receives a partial
 
 2 payment for a monthly bill from a commercial mobile radio service
 
 3 customer, the provider or reseller shall apply the payment
 
 4 against the amount the customer owes the provider or reseller
 
 5 before applying the partial payment against the surcharge.
 
 6      (c)  A provider which is collecting the surcharge and
 
 7 remitting appropriate portions of the surcharge to the fund
 
 8 pursuant to this chapter, and which has been requested by a
 
 9 public safety answering point to provide phase I or phase II
 
10 wireless enhanced 911 service in a particular county or counties,
 
11 may recover wireless enhanced 911 commercial mobile radio service
 
12 costs as provided in this chapter.
 
13      (d)  Each provider or reseller may retain two per cent of
 
14 the amount of surcharges collected to offset administrative
 
15 expenses associated with billing and collecting the surcharge.
 
16      (e)  A provider or reseller shall remit to the wireless
 
17 enhanced 911 fund within sixty days after the end of the calendar
 
18 month in which the surcharge is collected, an amount that
 
19 represents the surcharges collected that are net of the amounts
 
20 retained for administrative expenses incurred by the provider or
 
21 reseller, as provided in subsection (d).
 
22      (f)  The surcharges collected by the provider or reseller
 
23 pursuant to this section are not subject to any tax, fee, or
 

 
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 1 assessment, nor are they considered revenue of the provider or
 
 2 reseller.
 
 3      (g)  Except for the initial surcharge which shall remain in
 
 4 effect for at least twelve months, the board may, upon the
 
 5 affirmative vote by at least two-thirds of the total members of
 
 6 the board, adjust the amount of surcharge from time to time upon
 
 7 ninety days' written notice to providers, resellers, and public
 
 8 safety answering points to ensure full recovery for providers and
 
 9 for public safety answering points, over a reasonable period of
 
10 time, of the costs with developing and maintaining a wireless
 
11 enhanced 911 service.
 
12      (h)  A provider or reseller shall have no obligation to take
 
13 any legal action to enforce the collection of the surcharge for
 
14 which any customer is billed.  However, the board may initiate a
 
15 collection action.  If the board prevails in such a collection
 
16 action, reasonable attorney's fees and costs shall be awarded.
 
17      (i)  At any time the members deem it necessary and
 
18 appropriate, the board may meet to make recommendations to the
 
19 legislature as to whether the surcharge and fund should be
 
20 discontinued, continued as is, or be amended.
 
21      (j)  The board shall convene to review and evaluate the
 
22 surcharge and fund and make recommendations to the legislature as
 
23 to whether the surcharge and fund should be discontinued,
 

 
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 1 continued as is, or be amended, upon any of the following dates:
 
 2      (1)  The date all providers have certified to the board that
 
 3           all wireless enhanced 911 commercial mobile radio
 
 4           service costs for phase I wireless enhanced 911 service
 
 5           have been recovered;
 
 6      (2)  Within six months of the date of any request from a
 
 7           public safety answering point for phase II wireless
 
 8           enhanced 911 service in accordance with the Federal
 
 9           Communications Commission order; or 
 
10      (3)  May 1, 2003.
 
11      (k)  When considering whether to discontinue, continue as is
 
12 or amend the fund or surcharge, the board's recommendations shall
 
13 be based on the latest information available, concerning costs
 
14 associated with providing wireless enhanced 911 service in
 
15 accordance with the Federal Communications Commission order.
 
16         -5 Recovery from the fund.(a)  Within thirty days of
 
17 the end of each calendar month, beginning with the first month in
 
18 which a provider begins billing and collecting surcharges, each
 
19 provider may request reimbursement from the fund of wireless
 
20 enhanced 911 commercial mobile radio service costs incurred
 
21 including sworn invoices reflecting such costs, provided that
 
22 such costs are recoverable under section    -4(c), and have not
 
23 already been reimbursed to the provider.  In no event shall a
 

 
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 1 provider be reimbursed for any amount above its actual wireless
 
 2 enhanced 911 commercial mobile radio service costs allowed to be
 
 3 recovered under section    -4(c).
 
 4      (b)  Any public safety answering point that has requested a
 
 5 provider to provide and implement phase I or phase II wireless
 
 6 enhanced 911 service in a particular county or counties is
 
 7 eligible to seek reimbursement from the fund solely to pay for
 
 8 the reasonable cost to lease, purchase, or maintain all necessary
 
 9 equipment, including computer hardware, software and database
 
10 provisioning, required by the public safety answering point to
 
11 provide technical functionality for the wireless enhanced 911
 
12 service pursuant to the Federal Communications Commission order.
 
13 The total amount of reimbursement which the eligible public
 
14 safety answering points may obtain from the fund shall not exceed
 
15 three and one-half per cent of the total moneys remitted into the
 
16 fund.  All other expenses necessary to operate the public safety
 
17 answering point including but not limited to those expenses
 
18 related to overhead, staffing, and other day-to-day operational
 
19 expenses, shall continue to be paid through the general funding
 
20 of the respective counties.
 
21      (c)  The board shall authorize disbursements from the fund
 
22 in the following order of priority:
 
23      (1)  Expenses of the board to be paid from the fund pursuant
 

 
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 1           to this chapter;
 
 2      (2)  Requests for reimbursements from providers for wireless
 
 3           enhanced 911 commercial mobile radio service costs; and
 
 4      (3)  Requests for reimbursements for public safety answering
 
 5           points.
 
 6 To the extent there are insufficient moneys in the fund to
 
 7 satisfy any or all requests for reimbursement, the board shall
 
 8 have the discretion to disburse moneys in amounts less than
 
 9 requested or defer such requests until additional amounts are
 
10 deposited into the fund.
 
11      (d)  If there are competing requests for reimbursement
 
12 between providers when there are insufficient moneys in the fund
 
13 to satisfy such requests, the board shall disburse moneys to the
 
14 requesting providers through a prorated disbursement based on the
 
15 amount of the wireless enhanced 911 commercial mobile radio
 
16 service costs being sought to be reimbursed.
 
17         -6 Audits.(a)  During any period in which a wireless
 
18 enhanced 911 surcharge is imposed upon customers, the provider or
 
19 reseller shall submit to the board, before April 2 of each
 
20 following year, an audited report prepared by an independent
 
21 certified public accountant that demonstrates that the surcharge
 
22 imposed recovers only legitimate costs and expenses directly
 
23 related to the provision of phase I or phase II wireless enhanced
 

 
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 1 911 service. The cost of such audited report shall be considered
 
 2 part of the expenses that may be recovered by the provider as
 
 3 part of the surcharge.  The board shall prevent public disclosure
 
 4 of proprietary information contained in the audited report unless
 
 5 required by court order or appropriate administrative agency
 
 6 decision.
 
 7      (b)  During any period in which a provider or reseller
 
 8 imposes a wireless enhanced 911 surcharge upon its customers, the
 
 9 provider or reseller shall submit, concurrently with the remittal
 
10 of the net surcharges billed to and collected from the provider's
 
11 or reseller's customers, a report that provides sufficient detail
 
12 to the board to verify the accuracy of the total surcharges
 
13 payable and collected by the provider or reseller.  The board, in
 
14 its discretion, may order an audit of the provider's or
 
15 reseller's records or require the provider or reseller to submit
 
16 an audited report which reconciles the total surcharges billed to
 
17 and collected from a reseller's customers and remitted to the
 
18 board.
 
19      (c)  The board shall select a third party to audit the fund
 
20 every two years to determine whether the fund is being managed in
 
21 accordance with this chapter.  The board may utilize the audit to
 
22 determine whether the amount of the surcharge assessed on each
 
23 commercial mobile radio service connection is required to be
 

 
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 1 adjusted.  The costs of the audit shall be an administrative cost
 
 2 of the board recoverable from the fund.
 
 3         -7 Proprietary information.(a)  All proprietary
 
 4 information submitted to the board, any third party used by the
 
 5 board in connection with its duties, or any public safety
 
 6 answering point in deploying wireless 911 service shall be
 
 7 retained in confidence.  Proprietary information submitted
 
 8 pursuant to this chapter shall not be released to any person
 
 9 other than to the submitting provider or reseller, the board, or
 
10 any independent, third-party accounting firm retained by the
 
11 board, without the express permission of the submitting provider
 
12 or reseller.  General information collected by the board shall be
 
13 released or published only in aggregate amounts that do not
 
14 identify or allow identification of numbers of subscribers or
 
15 revenues attributable to an individual provider.
 
16      (b)  The board, any third parties it may retain, and any
 
17 public safety answering point must take appropriate measures to
 
18 maintain the confidentiality of the proprietary information that
 
19 may be submitted by a provider.  Recognizing that providers
 
20 require their proprietary information to be held in confidence,
 
21 the board shall adopt reasonable procedures to prevent disclosure
 
22 or access of the proprietary information to the public and
 
23 competitors, including members of the board representing the
 

 
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 1 providers.  Members of the board may not disclose the information
 
 2 to any third parties, including their employers, without the
 
 3 written consent of the provider whose proprietary information is
 
 4 to be disclosed.
 
 5      (c)  When at least two-thirds of the members of the board
 
 6 determine that a board action can be conducted by a committee
 
 7 consisting of all board members except the six provider
 
 8 representatives, such committee shall have the power to act for
 
 9 the board on the specific matters defined by the board, such that
 
10 proprietary information shall not be disclosed to the provider
 
11 representatives.
 
12      (d)  Any person who violates this section or any rule
 
13 adopted by the board pursuant to this section shall be fined not
 
14 more than $         for each separate offense.  Each date of
 
15 violation shall constitute a separate offense.  Any action taken
 
16 to impose or collect the penalty provided for in this section
 
17 shall be considered a civil action.
 
18         -8  Limitation of liability.(a)  Notwithstanding any
 
19 law to the contrary, in no event shall any provider, or its
 
20 employees, directors, officers, assigns, or agents, except in
 
21 cases of gross negligence, wanton and wilful misconduct, or bad
 
22 faith, be liable for any civil damages or criminal liability
 
23 resulting from death or injury to a person or from damage to
 

 
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 1 property incurred by any person in connection with any act or
 
 2 omission in developing, designing, adopting, establishing,
 
 3 installing, participating in, implementing, maintaining, or
 
 4 providing access to phase I or phase II wireless enhanced 911
 
 5 service in compliance with the wireless enhanced 911 requirements
 
 6 established by the Federal Communications Commission, or any
 
 7 other wireless service intended to help persons obtain emergency
 
 8 assistance.  In addition, no provider or its employees,
 
 9 directors, officers, assigns, or agents shall be liable for civil
 
10 damages or criminal liability in connection with the release of
 
11 customer information to any governmental entity, including any
 
12 public safety answering point, as required under this chapter.
 
13      (b)  In no event shall any public safety answering point, or
 
14 its employees, assigns, or agents, or emergency response
 
15 personnel, except in cases of gross negligence, wanton and wilful
 
16 misconduct, or bad faith, be liable for any civil damages or
 
17 criminal liability resulting from death or injury to the person
 
18 or from damage to property incurred by any person in connection
 
19 with any act or omission in the development, installation,
 
20 maintenance, operation, or provision of phase I or phase II
 
21 wireless enhanced 911 service.
 
22         -9 Database or location information.(a)  Any
 
23 commercial mobile radio service location information obtained by
 

 
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 1 any public safety answering point or public safety agency or its
 
 2 personnel for public safety purposes is not a government record
 
 3 open to disclosure under chapter 92F.
 
 4      (b)  A person may not disclose or use, for any purpose other
 
 5 than the wireless enhanced 911 calling system, information
 
 6 contained in the database of the provider's network portion of
 
 7 the wireless enhanced 911 calling system established pursuant to
 
 8 this chapter without the prior written consent of the provider.
 
 9         -10  Dispute resolution.(a)  Any provider, reseller,
 
10 or public safety answering point aggrieved by a decision of the
 
11 board shall have the right to petition the board for
 
12 reconsideration within ten days following the rendering of the
 
13 board's decision.  As part of its petition for reconsideration,
 
14 such aggrieved party may present any reasonable evidence or
 
15 information for the board to consider.  The board shall render
 
16 its decision on the reconsideration petition as soon as
 
17 reasonably possible, but no later than thirty days after the
 
18 reconsideration request is made.
 
19      (b)  An aggrieved party, following the completion of the
 
20 reconsideration petition process, upon agreement of the other
 
21 party, may have the dispute resolved through final and binding
 
22 arbitration by a single arbitrator in accordance with the
 
23 Wireless Industry Arbitration Rules of the American Arbitration
 

 
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 1 Association.  The costs of the arbitration, including the fees
 
 2 and expenses of the arbitrator, shall be borne by the
 
 3 nonprevailing party of any arbitration proceeding.  The
 
 4 arbitrator's decision shall be final and binding and may be
 
 5 confirmed and enforced in any court of competent jurisdiction.
 
 6      (c)  Nothing in this section shall preclude any provider,
 
 7 reseller, or public safety answering point from pursuing any
 
 8 existing right or remedy to which it is entitled in any court
 
 9 having jurisdiction thereof.
 
10         -11  Miscellaneous.  A provider shall not be required to
 
11 provide wireless enhanced 911 service until the provider and the
 
12 public safety answering point providing wireless enhanced 911
 
13 service in the county or counties in which the provider is
 
14 licensed to provide commercial mobile radio service has entered
 
15 into a written agreement setting forth the basic terms of service
 
16 to be provided."
 
17      SECTION 3.  Section 36-27, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]36-27[]]  Transfers from special funds for central
 
20 service expenses.  Except as provided in this section, and
 
21 notwithstanding any other law to the contrary, from time to time
 
22 the director of finance, for the purpose of defraying the
 
23 prorated estimate of central service expenses of government in
 

 
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 1 relation to all special funds, except the:
 
 2      (1)  Special summer school and intersession fund under
 
 3           section 302A-1310;
 
 4      (2)  School cafeteria special funds of the department of
 
 5           education;
 
 6      (3)  Special funds of the University of Hawaii;
 
 7      (4)  State educational facilities improvement special fund;
 
 8      (5)  Convention center capital special fund under section
 
 9           206X-10.5 and the convention center operations special
 
10           fund under section 206X-10.6;
 
11      (6)  Special funds established by section 206E-6;
 
12      (7)  Housing loan program revenue bond special fund;
 
13      (8)  Housing project bond special fund;
 
14      (9)  Aloha Tower fund created by section 206J-17;
 
15     (10)  Domestic violence prevention special fund under section
 
16           321-1.3;
 
17     (11)  Spouse and child abuse special account under section
 
18           346-7.5;
 
19     (12)  Spouse and child abuse special account under section
 
20           601-3.6;
 
21     (13)  Funds of the employees' retirement system created by
 
22           section 88-109;
 
23     (14)  Unemployment compensation fund established under
 

 
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 1           section 383-121;
 
 2     (15)  Hawaii hurricane relief fund established under chapter
 
 3           431P;
 
 4     (16)  Hawaii health systems corporation special funds;
 
 5     (17)  Boiler and elevator safety revolving fund established
 
 6           under section 397-5.5;
 
 7     (18)  Tourism special fund established under section
 
 8           [[]201B-11[]]; [and]
 
 9     (19)  Department of commerce and consumer affairs' special
 
10           funds; and
 
11     (20)  Wireless enhanced 911 fund established under chapter
 
12                ;
 
13 shall deduct five per cent of all receipts of all other special
 
14 funds, which deduction shall be transferred to the general fund
 
15 of the State and become general realizations of the State.  All
 
16 officers of the State and other persons having power to allocate
 
17 or disburse any special funds shall cooperate with the director
 
18 in effecting these transfers.  To determine the proper revenue
 
19 base upon which the central service assessment is to be
 
20 calculated, the director shall adopt rules pursuant to chapter 91
 
21 for the purpose of suspending or limiting the application of the
 
22 central service assessment of any fund.  No later than twenty
 
23 days prior to the convening of each regular session of the
 

 
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 1 legislature, the director shall report all central service
 
 2 assessments made during the preceding fiscal year."
 
 3      SECTION 4.  Section 36-30, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a) Each special fund, except the:
 
 6      (1)  Transportation use special fund established by section
 
 7           261D-1;
 
 8      (2)  Special summer school and intersession fund under
 
 9           section 302A-1310;
 
10      (3)  School cafeteria special funds of the department of
 
11           education;
 
12      (4)  Special funds of the University of Hawaii;
 
13      (5)  State educational facilities improvement special fund;
 
14      (6)  Special funds established by section 206E-6;
 
15      (7)  Aloha Tower fund created by section 206J-17;
 
16      (8)  Domestic violence prevention special fund under section
 
17           321-1.3;
 
18      (9)  Spouse and child abuse special account under section
 
19           346-7.5;
 
20     (10)  Spouse and child abuse special account under section
 
21           601-3.6;
 
22     (11)  Funds of the employees' retirement system created by
 
23           section 88-109;
 

 
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                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        

 
 1     (12)  Unemployment compensation fund established under
 
 2           section 383-121;
 
 3     (13)  Hawaii hurricane relief fund established under chapter
 
 4           431P;
 
 5     (14)  Convention center capital special fund established
 
 6           under section 206X-10.5 and the convention center
 
 7           operations special fund established under section
 
 8           206X-10.6;
 
 9     (15)  Hawaii health systems corporation special funds; [and]
 
10     (16)  Tourism special fund established under section
 
11           [[]201B-11[]]; and
 
12     (17)  Wireless enhanced 911 fund established under chapter
 
13                ;
 
14 shall be responsible for its pro rata share of the administrative
 
15 expenses incurred by the department responsible for the
 
16 operations supported by the special fund concerned."
 
17      SECTION 5.  Act 216, Session Laws of Hawaii 1997, is amended
 
18 by amending section 13 to read as follows:
 
19      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
20 and shall be repealed on June 30, 2000; provided that any
 
21 statutory or session law material in this Act in existence on
 
22 June 30, 1997, shall be reenacted on July 1, 2000, in the same
 
23 form in which it existed on June 30, 1997[.]; and provided
 

 
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                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        

 
 1 further that the amendments made to sections 36-27 and 36-30,
 
 2 Hawaii Revised Statutes, by sections 3 and 4 of Act    , Session
 
 3 Laws of Hawaii 1999, shall be retained."
 
 4      SECTION 6.  Act 142, Session Laws of Hawaii 1998, is amended
 
 5 by amending section 9 to read as follows:
 
 6      "SECTION 9.  This Act shall take effect upon its approval
 
 7 and shall be repealed on July 31, 2003, except that section 3 of
 
 8 this Act shall not be repealed; provided that sections 36-27 and
 
 9 397-5(b), Hawaii Revised Statutes, shall be reenacted in the form
 
10 in which they read on the day before the approval of this Act[.];
 
11 and provided further that the amendments made to section 36-27,
 
12 Hawaii Revised Statutes, by section 3 of Act    , Session Laws of
 
13 Hawaii 1999, shall be retained."
 
14      SECTION 7.  In printing this Act, the revisor of statutes
 
15 shall insert the appropriate number of this Act in section 5 and
 
16 6 of this Act.
 
17      SECTION 8.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 9.  This Act shall take effect upon its approval.