REPORT TITLE:
Rural Health


DESCRIPTION:
(1)  Establishes a statewide rural health plan.  Creates a rural
   health special fund.  Requests the counties to create a
   position of a rural transportation coordinator.
(2)  Implements a cost recovery mechanism to allow commercial
   mobile radio service providers to recover costs incurred for
   providing wireless enhanced 911 services. (SB102 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        102
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH.



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

 1                              PART I
 
 2      SECTION 1.  The legislature finds that adequate health care
 
 3 for the rural districts of the Big Island is sorely lacking.  In
 
 4 response to this urgent need, Senate Concurrent Resolution
 
 5 No. 31, 1998, requested the department of health to develop a
 
 6 rural health plan for the island of Hawaii, including the
 
 7 districts of Puna and Ka`u, to ensure the improvement of health
 
 8 facilities and to make available sufficient medical services.
 
 9      In its report to the legislature pursuant to the concurrent
 
10 resolution, the department of health found that rural community
 
11 perceptions are that comprehensive medical care must come first
 
12 before the economic situation in Ka`u will improve, that elderly
 
13 retirees have limited access to specialists and may suffer long
 
14 waits for transportation to larger or specialized facilities, and
 
15 that there are too few medical facilities with inadequate
 
16 transportation for a dispersed population that is disfused over a
 
17 large geographic area.
 
18      The legislature further finds that compared to the state
 
19 population, Puna has the worst overall socio-economic status in
 
20 the State, including the second worst per capita income ($9,450),
 

 
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 1 second highest percentage of population below two hundred per
 
 2 cent of the federal poverty level, second highest percentage of
 
 3 households receiving public financial aid, third highest
 
 4 percentage of households receiving food stamps, and fourth
 
 5 highest unemployment rate.
 
 6      The legislature also finds that Puna has the fourth highest
 
 7 level of overall health risk in the State, including the second
 
 8 highest rate of births to mothers with pre-existing medical
 
 9 conditions, fourth highest percentage of low birth weights, fifth
 
10 highest rate of infant mortality, and sixth highest percentage of
 
11 teen births.
 
12      The legislature further finds that compared to the state
 
13 population, Ka`u has the third worst rate for socio-economic
 
14 status, including the fourth highest percentage of population
 
15 below two hundred per cent of the federal poverty level, fourth
 
16 highest percentage of households receiving public financial aid,
 
17 fourth highest percentage of households receiving food stamps,
 
18 fifth worst per capita income, fifth highest unemployment rate,
 
19 and fifth highest percentage of adults without a high school
 
20 diploma.
 
21      The legislature further finds that Ka`u has the second
 
22 highest level of overall health risk in the State, including the
 
23 highest percentage of teen births, highest percentage of births
 

 
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 1 with low birth weight, third highest percentage of births with
 
 2 inadequate prenatal care, and seventh highest infant mortality
 
 3 rate.
 
 4      The legislature further finds that the health profiles of
 
 5 Ka`u and Puna could be immensely improved with adequate funding
 
 6 for health care needs and with decent public transportation.
 
 7      The purpose of this part is to implement the recommendations
 
 8 of the department of health to improve the provision of adequate
 
 9 health care services and public transportation for rural
 
10 communities.
 
11      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
12 by adding a new section to part I to be appropriately designated
 
13 and to read as follows:
 
14      "321-    Statewide rural health plan; rural health special
 
15 fund.  (a)  The department of health shall develop a statewide
 
16 rural health plan to:
 
17      (1)  Obtain federal funds for rural communities to access
 
18           health care by creating a network of services and
 
19           resources within the State; and
 
20      (2)  Improve the efficiency and minimize the financial costs
 
21           of rural care by allowing flexibility in staffing and
 
22           in the number and type of beds maintained as a
 
23           requirement of federal funding subsidies.
 

 
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 1      (b)  The statewide rural health plan shall be developed and
 
 2 administered by the department of health in conformity with
 
 3 federal requirements for receiving grants pertaining to rural
 
 4 health.
 
 5      (c)  There is established within the state treasury the
 
 6 rural health special fund to be administered and expended by the
 
 7 department of health, into which shall be deposited, if required
 
 8 by federal law or regulation, funds relating to rural health.
 
 9 Moneys in the fund shall be expended exclusively for improvement
 
10 of rural health needs and in accordance with federal
 
11 requirements."
 
12      SECTION 3.  In recognition of article VIII, section 2 of the
 
13 state constitution, each county is requested to establish a
 
14 position for a rural transportation coordinator to assist in the
 
15 identification, establishment, funding, and coordination of
 
16 affordable and convenient public rural transportation services,
 
17 particularly for the county of Hawaii, to allow residents to
 
18 access health care in the Ka`u district, island of Hawaii.  The
 
19 coordinator shall develop a plan, with the assistance of the
 
20 state department of health, county public transportation
 
21 agencies, and private nonprofit agencies providing transportation
 
22 services to the elderly and disabled, to establish a public rural
 
23 transportation system for the Ka`u district, particularly to
 

 
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 1 provide affordable and convenient access to health care services,
 
 2 including primary providers, emergency facilities, and hospitals.
 
 3 The legislature finds this request is not a mandated program
 
 4 under article VIII, section 4, of the state constitution.
 
 5      SECTION 4.  It is the intent of this part not to jeopardize
 
 6 the receipt of any federal aid nor to impair the obligation of
 
 7 the State or any agency thereof to the holders of any bond issued
 
 8 by the State or by any such agency, and to the extent, and only
 
 9 to the extent, necessary to effectuate this intent, the governor
 
10 may modify the strict provisions of this part, but shall promptly
 
11 report any such modification with reasons therefor to the
 
12 legislature at its next session thereafter for review by the
 
13 legislature.
 
14                              PART II
 
15      SECTION 5.  The legislature finds that the department of
 
16 health, in addition to the functions and duties assigned to it
 
17 under chapter 321, Hawaii Revised Statutes, is required to
 
18 protect the health of the state by assisting each county in the
 
19 development of an emergency 911 telephone system.
 
20      The legislature further finds that the mobile nature of
 
21 wireless communications service creates complexities in providing
 
22 911 emergency services, and could, therefore, increase the
 
23 potential for untimely communication that could mean life or
 

 
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 1 death.  The Federal Communications Commission (FCC), in FCC
 
 2 Docket No. 94-102, adopted regulations that require commercial
 
 3 mobile radio service providers to provide wireless enhanced 911
 
 4 service, if requested by the local government or a public safety
 
 5 agency responsible for the emergency 911 functions, within
 
 6 certain time parameters (FCC order).
 
 7      The FCC requires the implementation of a cost recovery
 
 8 mechanism to allow commercial mobile radio service providers to
 
 9 recover their costs for designing, purchasing, installing,
 
10 testing, and operating enhanced facilities, systems, and services
 
11 necessary to comply with emergency 911 requirements.  It is in
 
12 the public health interest to establish a cost recovery mechanism
 
13 in accordance with the FCC order so that the citizens of Hawaii
 
14 who use commercial mobile radio service will realize the benefits
 
15 of wireless enhanced 911 service.
 
16      SECTION 6.  The Hawaii Revised Statutes is amended by adding
 
17 a new chapter to be appropriately designated and to read as
 
18 follows:
 
19                             "CHAPTER
 
20              ENHANCED 911 SERVICES FOR MOBILE PHONES
 
21         -1 Definitions.  As used in this chapter, unless the
 
22 context requires otherwise:
 

 
 
 
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 1      "Automatic location identification" means a wireless
 
 2 enhanced 911 service capability that enables the automatic
 
 3 display of information defining the approximate geographic
 
 4 location (within one hundred twenty-five meters two-thirds of the
 
 5 time) of the wireless telephone used to place a 911 call in
 
 6 accordance with the Federal Communications Commission order.
 
 7      "Automatic number identification" means a wireless enhanced
 
 8 911 service capability that enables the automatic display of the
 
 9 ten-digit wireless telephone number used to place a 911 call in
 
10 accordance with the Federal Communications Commission order.
 
11      "Board" means the wireless enhanced 911 advisory board
 
12 established under this chapter.
 
13      "Commercial mobile radio service" means commercial mobile
 
14 radio service under sections 3(27) and 332(d) of the Federal
 
15 Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the
 
16 Omnibus Budget Reconciliation Act of 1993, Pub.L. 103-66,
 
17 August 10, 1993, 107 Stat. 312.  It includes the term "wireless"
 
18 and service provided by any wireless, real time two-way voice
 
19 communication device, including radio-telephone communications
 
20 used in cellular telephone service, personal communications
 
21 service, or the functional or competitive equivalent of a radio-
 
22 telephone communications line used in cellular telephone service,
 
23 a personal communications service, or a network radio access line
 

 
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 1 that has access to enhanced 911 service.  The term does not
 
 2 include services that do not provide access to 911 service, a
 
 3 communication channel suitable only for data transmission, a
 
 4 wireless roaming service, or other nonlocal radio access line
 
 5 service, or a private telecommunications service.
 
 6      "Commercial mobile radio service connection" means each
 
 7 wireless telephone number assigned to a commercial mobile radio
 
 8 service customer, including end-users of resellers, with a
 
 9 billing address in the State of Hawaii.
 
10      "Federal Communications Commission order" means the original
 
11 order issued in the Federal Communications Commission Docket No.
 
12 94-102 governing wireless enhanced 911 service and any other
 
13 Federal Communication Commission orders related to the provision
 
14 of wireless enhanced 911 service.
 
15      "Phase I wireless enhanced 911 service" means an emergency
 
16 telephone system, as defined by the Federal Communications
 
17 Commission order, in which wireless 911 calls and information on
 
18 the caller's automatic number identification and the cell site in
 
19 which the call originates are routed to an appropriate public
 
20 safety answering point.
 
21      "Phase II wireless enhanced 911 service" means an emergency
 
22 telephone system, as defined by the Federal Communications
 
23 Commission order, in which wireless 911 calls and information on
 

 
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 1 the caller's automatic number identification and automatic
 
 2 location identification are routed to an appropriate public
 
 3 safety answering point.
 
 4      "Proprietary information" means customer lists and other
 
 5 related information (including the number of customers),
 
 6 technology descriptions, technical information, or trade secrets,
 
 7 and the actual or developmental costs of wireless enhanced 911
 
 8 service that are developed, produced, or received internally by a
 
 9 provider or by a provider's employees, directors, officers, or
 
10 agents.
 
11      "Provider" means a person or entity that is authorized by
 
12 the Federal Communications Commission to provide facilities-based
 
13 commercial mobile radio service within the State.
 
14      "Public safety agency" means a functional division of the
 
15 State or county that provides or has authority to provide, or a
 
16 private entity contracted by a state or county agency that
 
17 provides firefighting, law enforcement, ambulance, medical, or
 
18 other emergency services.
 
19      "Public safety answering point" means the public safety
 
20 agency that receives incoming 911 calls and dispatches
 
21 appropriate public safety agencies or other providers to respond
 
22 to such calls.
 

 
 
 
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 1      "Reseller" means a person or entity that purchases
 
 2 commercial mobile radio service from a provider for the purpose
 
 3 of reselling commercial mobile radio service to end-users.
 
 4      "Wireless E911 CMRS Costs" means all legitimate capital,
 
 5 nonrecurring, and recurring costs directly related to the
 
 6 implementation and operation of Phase I or Phase II wireless
 
 7 enhanced 911 services pursuant to the Federal Communications
 
 8 Commission order.
 
 9      "Wireless enhanced 911 fund" or "fund" means the statewide
 
10 special fund established to ensure adequate cost recovery for the
 
11 deployment of phase I and phase II wireless enhanced 911 service
 
12 in Hawaii.  The moneys paid into the fund are not general fund
 
13 revenues of the State and shall be kept in a fund separate and
 
14 apart from the general fund of the State to ensure adequate cost
 
15 recovery to providers and public safety answering points for the
 
16 deployment of phase I and phase II wireless enhanced 911 service
 
17 in Hawaii as specified in this section.
 
18         -2 Wireless enhanced 911 advisory board.(a)  There is
 
19 created within the department of health for administrative
 
20 purposes, a wireless enhanced 911 advisory board consisting of
 
21 twelve voting members, provided that the membership shall consist
 
22 of:
 

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

 
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 1      (c)  The board shall meet upon the call of the chair, but
 
 2 not less than once each three months after September 30, 1999. 
 
 3      (d)  The members representing providers shall be appointed
 
 4 by the governor for terms of two years, except that terms of the
 
 5 members the first three members appointed shall be for eighteen
 
 6 months.
 
 7      (e)  Each member shall hold office until the member's
 
 8 successor is appointed and qualified.  Section 26-34 shall be
 
 9 applicable in so far as it relates to succession, vacancies, and
 
10 suspension of board members.  
 
11      (f)  A member may vote by proxy submitted in writing to the
 
12 board.
 
13      (g)  The members shall serve without compensation.  Members
 
14 shall be entitled to reimbursements from the wireless enhanced
 
15 911 fund for reasonable traveling expenses incurred in connection
 
16 with the performance of the board duties.
 
17      (h)  The board or its chair may retain independent, third
 
18 party accounting firms, or consultants or other third party for
 
19 purposes of verifying reports, payments into the fund, processing
 
20 checks, and making distributions from the fund as directed by the
 
21 board and as allowed by this chapter, and other administrative
 
22 duties necessary to administer the fund or oversee operations of
 
23 the board, including technical advisory support.
 

 
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 1      (i)  The board shall develop reasonable procedures to ensure
 
 2 that all providers receive adequate notice of board meetings and
 
 3 information concerning board decisions.
 
 4         -3 Wireless enhanced 911 fund.(a)  There is
 
 5 established outside the state treasury a special fund to be known
 
 6 as the wireless enhanced 911 fund to be administered by the
 
 7 wireless enhanced 911 advisory board within the department of
 
 8 health for the purpose of ensuring adequate cost recovery for the
 
 9 deployment of wireless enhanced 911 service in Hawaii and shall
 
10 be used solely for that purpose.
 
11      (b)  Any expenses of administering the fund must be paid
 
12 from moneys in the fund.
 
13      (c)  The fund consists of those sums remitted by providers
 
14 and resellers, that represent the balance of the surcharges
 
15 collected following deduction of administrative expenses as
 
16 provided in    -4(d) of this chapter.
 
17      (d)  The board shall place the funds in an interest-bearing
 
18 account at any federally insured financial institution.
 
19         -4 Surcharge.  (a)  The board shall establish:
 
20      (1)  A monthly wireless enhanced 911 surcharge on each
 
21           commercial mobile radio service connection within 90
 
22           days after a public safety answering point requests
 
23           wireless enhanced 911 service from a provider in
 

 
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 1           accordance with the Federal Communications Commission
 
 2           order; and
 
 3      (2)  The effective date of the surcharge.
 
 4      The rate of the surcharge shall initially be set at thirty
 
 5 cents per month for each commercial mobile radio service
 
 6 connection.  The surcharge shall not exceed fifty cents per
 
 7 month.  This surcharge shall have uniform application and shall
 
 8 be imposed on each commercial mobile radio service connection
 
 9 provider operating within the State.  The surcharge may be
 
10 increased or decreased in accordance with subsection (g).
 
11      (b)  All providers and resellers, within ninety days of the
 
12 effective date of the initial surcharge or the date the board
 
13 approves any adjustment in the amount of the surcharge, as the
 
14 case may be, shall bill to and collect from each of their
 
15 customers a monthly surcharge at the rate established by the
 
16 board for each commercial mobile radio service connection.  The
 
17 provider or reseller may list the surcharge as a separate line
 
18 item on each bill.  If a provider or reseller receives a partial
 
19 payment for a monthly bill from a commercial mobile radio service
 
20 customer, the provider or reseller shall apply the payment
 
21 against the amount the customer owes the provider or reseller
 
22 before applying the partial payment against the surcharge.
 
23      (c)  A provider that:
 

 
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 1      (1)  Is collecting the surcharge and remitting appropriate
 
 2           portions of the surcharge to the fund pursuant to this
 
 3           chapter; and
 
 4      (2)  Has been requested by a public safety answering point
 
 5           to provide phase I or phase II wireless enhanced 911
 
 6           service in a particular county or counties,
 
 7 may recover wireless E911 CMRS costs as provided in this chapter.
 
 8      (d)  Each provider or reseller may retain two per cent of
 
 9 the amount of surcharges collected to offset administrative
 
10 expenses associated with billing and collecting the surcharge.
 
11      (e)  A provider or reseller shall remit to the wireless
 
12 enhanced 911 fund within sixty days after the end of the calendar
 
13 month in which the surcharge is collected, an amount that
 
14 represents the surcharges collected that are net of the amounts
 
15 retained for administrative expenses incurred by the provider or
 
16 reseller, as provided in Section 4(d) of this chapter. 
 
17      (f)  The surcharges collected by the provider or reseller
 
18 pursuant to this section are not subject to any tax, fee, or
 
19 assessment, nor are they considered revenue of the provider or
 
20 reseller.
 
21      (g)  Except for the initial surcharge which shall remain in
 
22 effect for at least twelve months, the board may, upon the
 
23 affirmative vote by at least two-thirds of the total members of
 

 
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 1 the board, adjust the amount of surcharge from time to time upon
 
 2 ninety days' written notice to providers, resellers, and public
 
 3 safety answering points to ensure full recovery for providers and
 
 4 for public safety answering points, over a reasonable period of
 
 5 time, of the costs with developing and maintaining a wireless
 
 6 enhanced 911 service.
 
 7      (h)  A provider or reseller shall have no obligation to take
 
 8 any legal action to enforce the collection of the surcharge for
 
 9 which any customer is billed.  However, the board may initiate a
 
10 collection action and reasonable costs and attorneys' fees
 
11 associated with that collection action may be awarded.
 
12      (i)  At any time the board deems necessary and appropriate,
 
13 the board shall review and evaluate the surcharge and the
 
14 wireless enhanced 911 fund and make recommendations to the
 
15 Legislature as to:
 
16      (1)  Whether the surcharge and fund should be discontinued,
 
17           continued as is, or be amended; and
 
18      (2)  Which recommendations shall be based on the latest
 
19           information available concerning costs associated with
 
20           providing wireless enhanced 911 service in accordance
 
21           with the Federal Communications Commission order;
 
22 provided that the review shall occur no later than:
 

 
 
 
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 1      (1)  The date all providers have certified to the board that
 
 2           all wireless E911 CMRS costs for phase I wireless
 
 3           enhanced 911 service have been recovered;
 
 4      (2)  Within six months of the date of any request from a
 
 5           public safety answering point for phase II wireless
 
 6           enhanced 911 service in accordance with the Federal
 
 7           Communications Commission order; or 
 
 8      (3)  May 1, 2003.
 
 9         -5 Recovery from the fund.(a)  Within thirty days of
 
10 the end of each calendar month, beginning with the first month in
 
11 which a provider begins billing and collecting surcharges, each
 
12 provider may request reimbursement of wireless E911 CMRS costs
 
13 incurred including sworn invoices reflecting such costs, provided
 
14 that such costs:
 
15      (1)  Are recoverable under section    -4(c); and 
 
16      (2)  Have not already been reimbursed to the provider.
 
17      In no event shall a provider be reimbursed for any amount
 
18 above its actual wireless E911 CMRS costs allowed to be recovered
 
19 under section   -4(c).
 
20      (b)  Any public safety answering point that has requested a
 
21 provider to provide and implement phase I or phase II wireless
 
22 enhanced 911 service in a particular county or counties is
 
23 eligible to seek reimbursement from the fund solely to pay for
 

 
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 1 the reasonable cost to lease, purchase, or maintain all necessary
 
 2 equipment, including computer hardware, software and database
 
 3 provisioning, required by the public safety answering point to
 
 4 provide technical functionality for the wireless enhanced 911
 
 5 service pursuant to the Federal Communications Commission order.
 
 6 The total amount of reimbursement which the eligible public
 
 7 safety answering points may obtain from the fund shall not exceed
 
 8 three and one-half per cent of the total moneys remitted into the
 
 9 fund.  All other expenses necessary to operate the public safety
 
10 answering point center including but not limited to those
 
11 expenses related to overhead, staffing, and other day-to-day
 
12 operational expenses, shall continue to be paid through the
 
13 general funding of the respective counties.
 
14      (c)  The priority for paying moneys out of the fund shall be
 
15 as follows:
 
16      (1)  Expenses of the board to be paid from the fund pursuant
 
17           to this chapter;
 
18      (2)  Requests for reimbursements from providers for wireless
 
19           E911 CMRS costs; and
 
20      (3)  Request for reimbursements for public safety answering
 
21           points.
 
22      To the extent there are insufficient moneys in the fund to
 
23 satisfy any or all requests for reimbursement, the board shall
 

 
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 1 have the discretion to disburse moneys in amounts less than
 
 2 requested or defer such requests until additional amounts are
 
 3 deposited into the fund.
 
 4      (d)  If there are competing requests for reimbursement
 
 5 between providers when there are insufficient moneys in the fund
 
 6 to satisfy such requests, the board shall disburse moneys to the
 
 7 requesting providers through a prorated disbursement based on the
 
 8 amount of the Wireless E911 CMRS costs being sought to be
 
 9 reimbursed.
 
10         -6 Audits.(a)  During any period in which a wireless
 
11 enhanced 911 surcharge is imposed upon customers, the provider,
 
12 before April 2 of each following year, shall submit to the board
 
13 an audited report prepared by an independent certified public
 
14 accountant that demonstrates that the surcharge imposed recovers
 
15 only legitimate costs and expenses directly related to the
 
16 provision of phase I or phase II wireless enhanced 911 service.
 
17 The cost of such audited report shall be considered part of the
 
18 expenses that may be recovered by the provider as part of the
 
19 surcharge.  The board shall prevent public disclosure of
 
20 proprietary information contained in the audited report unless
 
21 required by court order or appropriate administrative agency
 
22 decision.
 

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

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

 
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 1      (c)  When at least two-thirds of the members of the board
 
 2 determine that a board action can be conducted by a committee
 
 3 consisting of all board members except the six provider
 
 4 representatives, the committee shall have the power to act for
 
 5 the board on the specific matters defined by the board, such that
 
 6 proprietary information shall not be disclosed to the provider
 
 7 representatives.
 
 8         -8  Limitation of liability.(a)  Notwithstanding any
 
 9 law to the contrary, in no event shall any provider, or its
 
10 employees, directors, officers, assigns, or agents, except in
 
11 cases of gross negligence or wanton and wilful misconduct, be
 
12 liable for any civil damages or criminal liability resulting from
 
13 death or injury to a person or from damage to property incurred
 
14 by any person in connection with any act or omission in
 
15 developing, designing, adopting, establishing, installing,
 
16 participating in, implementing, maintaining, or providing access
 
17 to phase I or phase II wireless enhanced 911 service in
 
18 compliance with the wireless enhanced 911 requirements
 
19 established by the Federal Communications Commission, or any
 
20 other wireless service intended to help persons obtain emergency
 
21 assistance.  In addition, no provider or its employees,
 
22 directors, officers, assigns, or agents shall be liable for civil
 
23 damages or criminal liability in connection with the release of
 

 
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 1 customer information to any governmental entity, including any
 
 2 public safety answering point, as required under this chapter.
 
 3      (b)  In no event shall any public safety answering point, or
 
 4 its employees, assigns, or agents, or emergency response
 
 5 personnel, except in cases of gross negligence, wanton and wilful
 
 6 misconduct, or bad faith, be liable for any civil damages or
 
 7 criminal liability resulting from death or injury to the person
 
 8 or from damage to property incurred by any person in connection
 
 9 with any act or omission in the development, installation,
 
10 maintenance, operation, or provision of phase I or phase II
 
11 wireless enhanced 911 service.
 
12         -9 Database or location information.(a)  Any
 
13 commercial mobile radio service location information obtained by
 
14 any public safety answering point or public service agency or its
 
15 personnel for public safety purposes is not a government record
 
16 open to disclosure under chapter 92F.
 
17      (b)  A person may not disclose or use, for any purpose other
 
18 than the wireless enhanced 911 calling system, information
 
19 contained in the database of the provider's network portion of
 
20 the wireless enhanced 911 calling system established pursuant to
 
21 this section without the prior written consent of the provider.
 
22         -10  Dispute resolution.(a)  Any provider, reseller,
 
23 or public safety answering point aggrieved by a decision of the
 

 
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 1 board shall have the right to petition the board for
 
 2 reconsideration within ten days following the rendering of the
 
 3 board's decision.  As part of its petition for reconsideration,
 
 4 such aggrieved party may present any reasonable evidence or
 
 5 information for the board to consider.  The board shall render
 
 6 its decision on the reconsideration petition as soon as
 
 7 reasonably possible, but no later than thirty days after the
 
 8 reconsideration request is made.
 
 9      (b)  An aggrieved party, following the completion of the
 
10 reconsideration petition process, upon agreement of the other
 
11 party, may have the dispute resolved through mandatory
 
12 arbitration by a single arbitrator in accordance with the
 
13 Wireless Industry Arbitration Rules of the American Arbitration
 
14 Association.  The costs of the arbitration, including the fees
 
15 and expenses of the arbitrator, shall be borne by the non-
 
16 prevailing party of any arbitration proceeding.  The arbitrator's
 
17 decision shall be final and binding and may be confirmed and
 
18 enforced in any court of competent jurisdiction.
 
19      (c)  Nothing in this section shall preclude any provider,
 
20 reseller, or public safety answering point from pursuing any
 
21 existing right or remedy to which it is entitled in any court
 
22 having jurisdiction thereof.
 

 
 
 
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 1         -11  Miscellaneous.  A provider shall not be required to
 
 2 provide wireless enhanced 911 service unless and until the
 
 3 provider and the public safety answering point providing wireless
 
 4 enhanced 911 service in the county or counties in which the
 
 5 provider is licensed to provide commercial mobile radio service
 
 6 has entered into a written agreement setting forth the basic
 
 7 terms of service to be provided."
 
 8      SECTION 7.  Section 36-27, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]36-27[]]  Transfers from special funds for central
 
11 service expenses.  Except as provided in this section, and
 
12 notwithstanding any other law to the contrary, from time to time
 
13 the director of finance, for the purpose of defraying the
 
14 prorated estimate of central service expenses of government in
 
15 relation to all special funds, except the:
 
16      (1)  Special summer school and intersession fund under
 
17           section 302A-1310;
 
18      (2)  School cafeteria special funds of the department of
 
19           education;
 
20      (3)  Special funds of the University of Hawaii;
 
21      (4)  State educational facilities improvement special fund;
 
22      (5)  Convention center capital special fund under section
 
23           206X-10.5 and the convention center operations special
 
24           fund under section 206X-10.6;
 

 
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                                     S.B. NO.           S.D. 3
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 1      (6)  Special funds established by section 206E-6;
 
 2      (7)  Housing loan program revenue bond special fund;
 
 3      (8)  Housing project bond special fund;
 
 4      (9)  Aloha Tower fund created by section 206J-17;
 
 5     (10)  Domestic violence prevention special fund under section
 
 6           321-1.3;
 
 7     (11)  Spouse and child abuse special account under section
 
 8           346-7.5;
 
 9     (12)  Spouse and child abuse special account under section
 
10           601-3.6;
 
11     (13)  Funds of the employees' retirement system created by
 
12           section 88-109;
 
13     (14)  Unemployment compensation fund established under
 
14           section 383-121;
 
15     (15)  Hawaii hurricane relief fund established under chapter
 
16           431P;
 
17     (16)  Hawaii health systems corporation special funds;
 
18     (17)  Boiler and elevator safety revolving fund established
 
19           under section 397-5.5;
 
20     (18)  Tourism special fund established under section
 
21           [[]201B-11[]]; [and]
 
22     (19)  Department of commerce and consumer affairs' special
 
23           funds; and
 

 
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 1     (20)  Wireless Enhanced 911 fund established under chapter
 
 2           321-  ;
 
 3 shall deduct five per cent of all receipts of all other special
 
 4 funds, which deduction shall be transferred to the general fund
 
 5 of the State and become general realizations of the State.  All
 
 6 officers of the State and other persons having power to allocate
 
 7 or disburse any special funds shall cooperate with the director
 
 8 in effecting these transfers.  To determine the proper revenue
 
 9 base upon which the central service assessment is to be
 
10 calculated, the director shall adopt rules pursuant to chapter 91
 
11 for the purpose of suspending or limiting the application of the
 
12 central service assessment of any fund.  No later than twenty
 
13 days prior to the convening of each regular session of the
 
14 legislature, the director shall report all central service
 
15 assessments made during the preceding fiscal year."
 
16      SECTION 8.  Section 36-30, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "[[]36-30[]]  Special fund reimbursements for departmental
 
19 administrative expenses.(a) Each special fund, except the:
 
20      (1)  Transportation use special fund established by section
 
21           261D-1;
 
22      (2)  Special summer school and intersession fund under
 
23           section 302A-1310;
 

 
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                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (3)  School cafeteria special funds of the department of
 
 2           education;
 
 3      (4)  Special funds of the University of Hawaii;
 
 4      (5)  State educational facilities improvement special fund;
 
 5      (6)  Special funds established by section 206E-6;
 
 6      (7)  Aloha Tower fund created by section 206J-17;
 
 7      (8)  Domestic violence prevention special fund under section
 
 8           321-1.3;
 
 9      (9)  Spouse and child abuse special account under section
 
10           346-7.5;
 
11     (10)  Spouse and child abuse special account under section
 
12           601-3.6;
 
13     (11)  Funds of the employees' retirement system created by
 
14           section 88-109;
 
15     (12)  Unemployment compensation fund established under
 
16           section 383-121;
 
17     (13)  Hawaii hurricane relief fund established under chapter
 
18           431P;
 
19     (14)  Convention center capital special fund established
 
20           under section 206X-10.5 and the convention center
 
21           operations special fund established under section 206X-
 
22           10.6;
 
23     (15)  Hawaii health systems corporation special funds; [and]
 

 
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                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1     (16)  Tourism special fund established under section
 
 2           [[]201B-11[]]; and
 
 3     (17)  Wireless Enhanced 911 fund established under chapter
 
 4           321-  ;
 
 5 shall be responsible for its pro rata share of the administrative
 
 6 expenses incurred by the department responsible for the
 
 7 operations supported by the special fund concerned."
 
 8      SECTION 9.  Section 37-51, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]37-51[]]  Abolition of special funds; legislative
 
11 purpose.  The purpose of this part is to place all special funds
 
12 under legislative and executive budgetary control in the same
 
13 manner as the general fund, with the exception of those funds
 
14 subject to applicable federal laws or regulations, the wireless
 
15 enhanced 911 fund created under chapter 321-  , and payments on
 
16 principal and interest on revenue bonds."
 
17      SECTION 10.  Section 37-53, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]37-53[]]  Transfer of special funds.  At any time
 
20 during a fiscal year, notwithstanding any other law to the
 
21 contrary, any department may, with the approval of the governor
 
22 or the director of finance if so delegated by the governor,
 
23 transfer from any special fund relating to such department to the
 

 
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                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 general revenues of the State all or any portion of moneys
 
 2 determined to be in excess of fiscal year requirements for such
 
 3 special fund, except for special funds under the control of the
 
 4 department of transportation relating to highways, airports,
 
 5 transportation use, and harbors activities, special funds under
 
 6 the control of the Hawaii health systems corporation, the special
 
 7 fund under the control of the department of health for wireless
 
 8 enhanced 911 services, and special funds of the University of
 
 9 Hawaii.  At any time the department of transportation, with the
 
10 approval of the governor or the director of finance if so
 
11 delegated by the governor, may transfer from any special fund
 
12 under the control of the department of transportation, or from
 
13 any account within any such special fund, to the general revenues
 
14 of the State or to any other special fund under the control of
 
15 the department of transportation all or any portion of moneys
 
16 determined to be in excess of requirements for the ensuing twelve
 
17 months determined as prescribed by rules adopted pursuant to
 
18 chapter 91; provided that no such transfer shall be made which
 
19 would cause a violation of federal law or federal grant
 
20 agreements."
 
21      SECTION 11.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 12.  This Act shall take effect upon its approval.