REPORT TITLE:
Enhanced 911 Service


DESCRIPTION:
Establishes enhanced 911 service for mobile phones.  (HB661 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        661
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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.
 
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
 

 
Page 2                                                     661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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 (within one hundred twenty-five meters) of the wireless
 
15 telephone used to place a 911 call.
 
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.
 
19      "Board" means the wireless enhanced 911 advisory board
 
20 established under this chapter.
 
21      "Commercial mobile radio service" means commercial mobile
 
22 radio service under sections 3(27) and 332(d) of the Federal
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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 and/or competitive equivalent of a
 
 8 radio-telephone communications line used in cellular telephone
 
 9 service, a personal communications service, or a network radio
 
10 access line which has access to enhanced 911 service.  The term
 
11 does not include services that do not provide access to 911
 
12 service, a communication channel suitable only for data
 
13 transmission, a wireless roaming service, or other nonlocal radio
 
14 access line service, or a private telecommunications service.
 
15      "Commercial mobile radio service connection" means each
 
16 wireless telephone number assigned to a commercial mobile radio
 
17 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 and any other
 
22 Federal Communication Commission orders related to the provision
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 of wireless enhanced 911 service.
 
 2      "Phase I wireless enhanced 911 service" or "phase I wireless
 
 3 E911" means an emergency telephone system in which wireless 911
 
 4 calls and information on the caller's automatic number
 
 5 identification and the cell site in which the call originates are
 
 6 routed to an appropriate public safety answering point.
 
 7      "Phase II wireless enhanced 911 service" means an emergency
 
 8 telephone system in which wireless 911 calls and information on
 
 9 the caller's automatic number identification and automatic
 
10 location identification are routed to an appropriate public
 
11 safety answering point.
 
12      "Proprietary information" means customer lists and other
 
13 related information (including the number of customers),
 
14 technology descriptions, technical information, or trade secrets,
 
15 and the actual or developmental costs of wireless enhanced 911
 
16 service that are developed, produced, or received internally by a
 
17 provider or by a provider's employees, directors, officers, or
 
18 agents.
 
19      "Provider" means a person or entity that is authorized by
 
20 the Federal Communications Commission to provide facilities-based
 
21 commercial mobile radio service within the State.
 
22      "Public safety agency" means a functional division of the
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 State or county that provides or has authority to provide, or a
 
 2 private entity contracted by a state or county agency that
 
 3 provides firefighting, law enforcement, ambulance, medical, or
 
 4 other emergency services.
 
 5      "Public safety answering point" means the public safety
 
 6 agency that receives incoming 911 calls and dispatches
 
 7 appropriate public safety agencies or other providers to respond
 
 8 to such calls.
 
 9      "Reseller" means a person or entity that purchases
 
10 commercial mobile radio service from a provider for the purpose
 
11 of reselling commercial mobile radio service to end-users.
 
12      "Wireless enhanced 911 fund" or the "fund" means the
 
13 statewide special fund established to ensure adequate cost
 
14 recovery for the deployment of wireless enhanced 911 service in
 
15 Hawaii.  The moneys paid into the fund are not general fund
 
16 revenues of the State and shall be kept in a fund separate and
 
17 apart from the general fund of the State to ensure adequate cost
 
18 recovery to providers and public safety answering points for the
 
19 deployment of wireless enhanced 911 service in Hawaii as
 
20 specified in this section.
 
21      §   -2 Wireless enhanced 911 advisory board.(a)  There is
 
22 created within the department of health for administration, a
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 wireless enhanced 911 advisory board consisting of nine members
 
 2 as follows:
 
 3      (1)  The director of health or the director's designee, who
 
 4           shall serve as the chair;
 
 5      (2)  Representatives of four commercial mobile radio service
 
 6           providers operating within the State.  These members
 
 7           shall be appointed by the governor in accordance with
 
 8           section 26-34.  At least two members shall be
 
 9           representatives from the providers operating in the 800
 
10           mhz frequency and at least one member shall be a
 
11           representative from the providers operating in the 1900
 
12           mhz frequency; and
 
13      (3)  Four representatives shall be appointed by the public
 
14           safety answering point.  These representatives shall
 
15           serve as the four members who separately represent the
 
16           public safety answering point for each of the
 
17           respective counties.
 
18      (b)  A quorum of the board shall consist of five members;
 
19 provided, however, that at least two members each representing
 
20 the providers and public safety answering point shall be in
 
21 attendance.  The board shall meet upon the call of the chair, but
 
22 in no event less than once per calendar quarter.
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Except as set forth below, each provider member shall
 
 2 serve a staggered term of two years and may be appointed to no
 
 3 more than two successive terms.  For purposes of establishing
 
 4 staggered terms, two of the initial appointed provider members
 
 5 shall serve an initial term of eighteen months, with the
 
 6 remaining two initial appointed provider members serving an
 
 7 initial term of two years.  Vacancies may be filled in the same
 
 8 manner as the original appointment.
 
 9      (d)  A member may vote by proxy submitted in writing to the
 
10 board.
 
11      (e)  The board shall serve without compensation, but members
 
12 of the board shall be entitled to reimbursements from the
 
13 wireless enhanced 911 fund for reasonable traveling expenses
 
14 incurred in connection with the performance of the member's
 
15 duties.
 
16      (f)  The board may retain an independent, third party
 
17 accounting firm or other third party for purposes of verifying
 
18 reports, payments into the fund, processing checks, and making
 
19 distributions from the fund as directed by the board and as
 
20 allowed by this chapter, and other administrative duties
 
21 necessary to administer the fund.
 
22      (g)  The board shall develop reasonable procedures to ensure
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 that all providers receive adequate notice of board meetings and
 
 2 information concerning board decisions.
 
 3      §   -3 Wireless enhanced 911 fund.(a)  There is
 
 4 established within the department of health the wireless enhanced
 
 5 911 fund for the purpose of ensuring adequate cost recovery for
 
 6 the deployment of wireless enhanced 911 service in Hawaii and
 
 7 shall be used solely for that purpose.  The fund shall be
 
 8 administered by the board.
 
 9      (b)  Any expenses of administering the fund must be paid
 
10 from moneys in the fund.
 
11      (c)  The fund consists of those sums remitted by:
 
12      (1)  Resellers, that represent the balance of the surcharges
 
13           collected following deduction of administrative
 
14           expenses; and
 
15      (2)  Providers, that represent the balance of the surcharges
 
16           collected following deduction of administrative
 
17           expenses and reimbursement of capital costs and
 
18           associated operating expenses directly related to
 
19           providing wireless enhanced 911 service.
 
20      (d)  The board shall place the funds in an interest bearing
 
21 account at any federally insured financial institution.
 
22      §   -4 Surcharge.  (a)  The board shall establish and levy
 

 
 
 
Page 9                                                     661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 a monthly wireless enhanced 911 surcharge on each connection;
 
 2 provided that a public safety agency has requested wireless
 
 3 enhanced 911 service from a provider in accordance with the
 
 4 Federal Communications Commission order.  The rate of such
 
 5 surcharge shall initially be set at thirty cents per month for
 
 6 each commercial mobile radio service connection.  The surcharge
 
 7 shall not exceed fifty cents per month.  This surcharge shall
 
 8 have uniform application and shall be imposed on each provider
 
 9 operating within the State.  The surcharge may be increased or
 
10 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.
 

 
 
 
Page 10                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  A provider which has been requested by a public safety
 
 2 answering point to provide phase I or phase II wireless enhanced
 
 3 911 service in a particular county or counties, may recover the
 
 4 actual capital costs and associated operating expenses directly
 
 5 related to providing such service.  For purposes of recovering
 
 6 such capital costs and expenses, the provider may retain up to
 
 7 eighty-four per cent of the surcharges actually collected by the
 
 8 provider from its customers in any given month until such time
 
 9 that full recovery has been made.
 
10      (d)  Each provider or reseller may further retain two per
 
11 cent of the amount of surcharges collected to offset
 
12 administrative expenses associated with billing and collecting
 
13 the surcharge.
 
14      (e)  A provider or reseller shall remit to the wireless
 
15 enhanced 911 fund within sixty days after the end of the calendar
 
16 month in which the surcharge is collected, an amount which
 
17 represents the surcharges collected that are net of the amounts
 
18 retained for administrative expenses incurred by the provider or
 
19 reseller, and a reimbursement of a provider's capital costs and
 
20 associated operating expenses directly related to providing
 
21 wireless enhanced 911 service.
 
22      (f)  The surcharges collected by the provider or reseller
 

 
 
 
Page 11                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 pursuant to this section are not subject to any tax, fee, or
 
 2 assessment, nor are they considered revenue of the provider or
 
 3 reseller.
 
 4      (g)  Except for the initial surcharge which shall remain in
 
 5 effect for at least twelve months, the board may, upon the
 
 6 affirmative vote by at least two-thirds of the total members of
 
 7 the board, adjust the amount of surcharge from time to time upon
 
 8 ninety days' written notice to providers and public safety
 
 9 answering points to ensure full recovery for providers and for
 
10 public safety answering points, over a reasonable period of time,
 
11 of the costs with developing and maintaining a wireless enhanced
 
12 911 service.
 
13      (h)  A provider or reseller shall have no obligation to take
 
14 any legal action to enforce the collection of the surcharge for
 
15 which any customer is billed.  However, the board may initiate a
 
16 collection action and reasonable costs and attorneys' fees
 
17 associated with that collection action may be awarded.
 
18      §   -5 Recovery from the fund.(a)  A provider whose
 
19 wireless enhanced 911 expenses exceed the amount of the wireless
 
20 enhanced 911 surcharges collected from its customers may request
 
21 cost recovery assistance from the wireless enhanced 911 fund.  No
 
22 provider seeking cost recovery from the wireless enhanced 911
 
23 fund may receive in excess of one hundred twenty-five per cent of
 

 
Page 12                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the total surcharges collected from its customers from the
 
 2 inception of the fund.  The limit of one hundred twenty-five per
 
 3 cent shall include all surcharges collected from the providers'
 
 4 customers.  Notwithstanding the foregoing, the board may, upon
 
 5 good cause demonstrated by a provider of the reasonableness and
 
 6 necessity of the expenditures and other criteria established by
 
 7 the board, allow a provider to obtain cost recovery assistance
 
 8 from the wireless enhanced 911 fund in excess of the one hundred
 
 9 twenty-five per cent limitation.
 
10      (b)  Any public safety answering point that has requested a
 
11 provider to provide and implement phase I or phase II wireless
 
12 enhanced 911 service in a particular county or counties is
 
13 eligible to seek reimbursement from the fund solely to pay for
 
14 the reasonable cost to lease, purchase, or maintain all necessary
 
15 equipment, including computer hardware, software and database
 
16 provisioning, required by the public safety answering point to
 
17 provide technical functionality for the wireless enhanced 911
 
18 service pursuant to the Federal Communications Commission order.
 
19 The total amount of reimbursement which the eligible public
 
20 safety answering points may obtain from the fund shall not exceed
 
21 twenty-five per cent of the total moneys remitted into the fund.
 
22 All other expenses necessary to operate the public safety
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 answering point center including but not limited to those
 
 2 expenses related to overhead, staffing, and other day-to-day
 
 3 operational expenses, shall continue to be paid through the
 
 4 general funding of the respective counties.
 
 5      (c)  To the extent there are insufficient moneys in the fund
 
 6 to satisfy any or all requests for reimbursement, the board shall
 
 7 have the discretion to disburse moneys in amounts less than
 
 8 requested or defer such requests until additional amounts are
 
 9 deposited into the fund.  In considering competing requests
 
10 between providers and public safety answering points, the board
 
11 shall accord priority to reimbursement requests from providers
 
12 over those requests made by public safety answering points.
 
13      (d)  If there are competing requests for reimbursement
 
14 between providers when there are insufficient moneys in the fund
 
15 to satisfy such requests, the board shall disburse moneys to the
 
16 requesting providers in a manner which is fair and reasonable
 
17 under the circumstances.  In that situation, the board may
 
18 consider, among other things, a prorated disbursement based on
 
19 the amount of contributions remitted into the fund by the
 
20 affected providers in relation to the amount requested.
 
21      §   -6 Audits.(a)  During any period in which a wireless
 
22 enhanced 911 surcharge is imposed upon customers, the provider,
 

 
 
 
Page 14                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 before April 2 of each year, shall submit to the board an audited
 
 2 report prepared by an independent certified public accountant
 
 3 which demonstrates that the surcharge imposed recovers only
 
 4 legitimate costs and expenses directly related to the provision
 
 5 of phase I or phase II wireless enhanced 911 service. The cost of
 
 6 such audited report shall be considered part of the expenses
 
 7 which may be recovered by the provider as part of the surcharge.
 
 8 The board shall prevent public disclosure of proprietary
 
 9 information contained in the audited report unless required by
 
10 court order or appropriate administrative agency decision.
 
11      (b)  During any period in which a reseller imposes a
 
12 wireless enhanced 911 surcharge upon its customers, the reseller
 
13 shall submit, concurrently with the remittal of the net
 
14 surcharges billed to and collected from the reseller's customers,
 
15 a report which provides sufficient detail to the board to verify
 
16 the accuracy of the total surcharges payable and collected by the
 
17 reseller.  The board, in its discretion, may order an audit of
 
18 the reseller's records or require the reseller to submit an
 
19 audited report which reconciles the total surcharges billed to
 
20 and collected from a reseller's customers and remitted to the
 
21 board.
 
22      (c)  The board shall select a third party to audit the fund
 

 
 
 
Page 15                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 every two years to determine whether the fund is being managed in
 
 2 accordance with this chapter.  The board may utilize the audit to
 
 3 determine whether the amount of the surcharge assessed on each
 
 4 commercial mobile radio service connection is required to be
 
 5 adjusted.  The costs of the audit shall be an administrative cost
 
 6 of the board recoverable from the fund.
 
 7      §   -7 Proprietary information.(a)  All proprietary
 
 8 information submitted to the board shall be retained in
 
 9 confidence.  Proprietary information submitted pursuant to this
 
10 chapter shall not be released to any person other than to the
 
11 submitting provider, the board, or any independent, third-party
 
12 accounting firm retained by the board, without the express
 
13 permission of the submitting provider.  General information
 
14 collected by the board shall be released or published only in
 
15 aggregate amounts that do not identify or allow identification of
 
16 numbers of subscribers or revenues attributable to an individual
 
17 provider.
 
18      (b)  The board and any third parties it may retain must take
 
19 appropriate measures to maintain the confidentiality of the
 
20 proprietary information which may be submitted by a provider.
 
21 Recognizing that providers require their proprietary information
 
22 to be held in confidence, the board shall adopt reasonable
 

 
 
 
Page 16                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 procedures to prevent disclosure or access of the proprietary
 
 2 information to the public and competitors, including members of
 
 3 the board representing the providers.  Members of the board may
 
 4 not disclose the information to any third parties, including
 
 5 their employers, without the written consent of the provider
 
 6 whose proprietary information is to be disclosed.
 
 7      §   -8  Limitation of liability.(a)  Notwithstanding any
 
 8 law to the contrary, in no event shall any provider, or its
 
 9 employees, directors, officers, assigns, or agents, except in
 
10 cases of gross negligence or wanton and wilful misconduct, be
 
11 liable for any civil damages or criminal liability resulting from
 
12 death or injury to a person or from damage to property incurred
 
13 by any person in connection with any act or omission in
 
14 developing, designing, adopting, establishing, installing,
 
15 participating in, implementing, maintaining, or providing access
 
16 to phase I or phase II wireless enhanced 911 service in
 
17 compliance with the wireless enhanced 911 requirements
 
18 established by the Federal Communications Commission, or any
 
19 other wireless service intended to help persons obtain emergency
 
20 assistance.  In addition, no provider or its employees,
 
21 directors, officers, assigns, or agents shall be liable for civil
 
22 damages or criminal liability in connection with the release of
 

 
 
 
Page 17                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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, except in cases of gross
 
 5 negligence, wanton and wilful misconduct, or bad faith, be liable
 
 6 for any civil damages or criminal liability resulting from death
 
 7 or injury to the person or from damage to property incurred by
 
 8 any person in connection with any act or omission in the
 
 9 development, installation, maintenance, operation, or provision
 
10 of phase I or phase II wireless enhanced 911 service.
 
11      (c)  During any period in which a wireless enhanced 911
 
12 surcharge is imposed upon customers, the provider, before April 2
 
13 of each following year, shall submit to the board an audited
 
14 report prepared by an independent certified public accountant
 
15 which demonstrates that the surcharge imposed recovers only
 
16 legitimate costs and expenses directly related to the provision
 
17 of phase I or phase II wireless enhanced 911 service.  The cost
 
18 of such audited report shall be considered part of the expenses
 
19 which may be recovered by the provider as part of the surcharge.
 
20 The audited report shall be treated as proprietary information
 
21 and the board shall prevent public disclosure of the audited
 
22 report unless required by court order or appropriate
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 party, may have the dispute resolved through mandatory
 
 2 arbitration by a single arbitrator in accordance with the
 
 3 Wireless Industry Arbitration Rules of the American Arbitration
 
 4 Association.  The costs of the arbitration, including the fees
 
 5 and expenses of the arbitrator, shall be borne by the non-
 
 6 prevailing party of any arbitration proceeding.  The arbitrator's
 
 7 decision shall be final and binding and may be confirmed and
 
 8 enforced in any court of competent jurisdiction.
 
 9      (c)  Nothing in this section shall preclude any provider or
 
10 public safety answering point from pursuing any existing right or
 
11 remedy to which it is entitled in any court having jurisdiction
 
12 thereof.
 
13      §   -11  Miscellaneous.  A provider shall not be required to
 
14 provide wireless E911 service unless and until the provider and
 
15 the public safety answering point providing wireless E911 service
 
16 in the county or counties in which the provider is licensed to
 
17 provide commercial mobile radio service has entered into a
 
18 written agreement setting forth the basic terms of service to be
 
19 provided."
 
20      SECTION 3. Section 321-224, Hawaii Revised Statutes, is
 
21 amended to read as follows:      
 
22      "§321-224  Department of health, functions, duties.  In
 

 
 
 
Page 20                                                    661
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 addition to other functions and duties assigned under this part,
 
 2 the department shall:
 
 3      (1)  Regulate ambulances and ambulance services;
 
 4      (2)  Establish emergency medical services throughout the
 
 5           State, which shall meet the requirements of this part,
 
 6           subject to section 321-228;
 
 7      (3)  Consult and coordinate with the University of Hawaii,
 
 8           or any other accredited community college, college, or
 
 9           university, or any professional organization that
 
10           provides emergency medical services training, regarding
 
11           the training for basic life support personnel and
 
12           advanced life support personnel, as provided in section
 
13           321-229;
 
14      (4)  Collect and evaluate data for the continued evaluation
 
15           of the state system subject to section 321-230;
 
16      (5)  Coordinate emergency medical resources and the
 
17           allocation of the state system's services and
 
18           facilities in the event of mass casualties, natural
 
19           disasters, national emergencies, and other emergencies,
 
20           ensuring linkage to local, state, and national disaster
 
21           plans, and participation in exercises to test these
 
22           plans;
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (6)  Establish, administer, and maintain a communication
 
 2           system for the state system;
 
 3      (7)  Assist each county in the development and upgrade of
 
 4           [a] an enhanced "911" emergency telephone system[;]
 
 5           which is capable of receiving and processing incoming
 
 6           wireless telephone calls in addition to landline
 
 7           telephone calls;
 
 8      (8)  Secure technical assistance and other assistance and
 
 9           consultation necessary for the implementation of this
 
10           part, subject to section 321-230;
 
11      (9)  Implement public information and education programs to
 
12           inform the public of the state system and its use, and
 
13           disseminate other emergency medical information,
 
14           including appropriate methods of medical self-help [and
 
15           first-aid,] and the availability of first-aid training
 
16           programs in the State;
 
17     (10)  Establish standards and provide training for
 
18           dispatchers in the state system, and maintain a program
 
19           of quality assurance for dispatch equipment and
 
20           operations;
 
21     (11)  Establish a program that will enable emergency
 
22           [service] medical services personnel to provide early
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           defibrillation;
 
 2     (12)  Establish within the department the emergency medical
 
 3           service system for children;
 
 4     (13)  Consult with the advisory committee on matters relating
 
 5           to the implementation of this part; and
 
 6     (14)  Establish and maintain standards for emergency medical
 
 7           services course instructor qualifications and
 
 8           requirements for emergency medical services training
 
 9           facilities."
 
10      SECTION 4.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.
 
13