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.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        661
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 1
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
 
20 accordance with the FCC order so that the citizens of Hawaii who
 

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

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

 
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 1      "Public safety agency" means a functional division of the
 
 2 State or county that provides or has authority to provide, or a
 
 3 private entity contracted by a state or county agency that
 
 4 provides firefighting, law enforcement, ambulance, medical, or
 
 5 other emergency services.
 
 6      "Public safety answering point" means the public safety
 
 7 agency that receives incoming 911 calls and dispatches
 
 8 appropriate public safety agencies or other providers to respond
 
 9 to such calls.
 
10      "Reseller" means a person or entity that purchases
 
11 commercial mobile radio service from a provider for the purpose
 
12 of reselling commercial mobile radio service to end-users.
 
13      "Wireless E911 CMRS Costs" means all legitimate capital,
 
14 nonrecurring, and recurring costs directly related to the
 
15 implementation and operation of Phase I or Phase II wireless
 
16 enhanced 911 services pursuant to the Federal Communications
 
17 Commission order.
 
18      "Wireless enhanced 911 fund" or "fund" means the statewide
 
19 special fund established to ensure adequate cost recovery for the
 
20 deployment of phase I and phase II wireless enhanced 911 service
 
21 in Hawaii.  The moneys paid into the fund are not general fund
 
22 revenues of the State and shall be kept in a fund separate and
 
23 apart from the general fund of the State to ensure adequate cost
 

 
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 1 recovery to providers and public safety answering points for the
 
 2 deployment of phase I and phase II wireless enhanced 911 service
 
 3 in Hawaii as specified in this section.
 
 4      §   -2 Wireless enhanced 911 advisory board.(a)  There is
 
 5 created within the department of health for administrative
 
 6 purposes, a wireless enhanced 911 advisory board consisting of
 
 7 twelve voting members, provided that the membership shall consist
 
 8 of:
 
 9      (1)  The director of health or the director's designee, who
 
10           shall serve as the chair;
 
11      (2)  Two shall be representatives from large providers and
 
12           shall be appointed by the governor as provided in
 
13           section 26-34, except as othewise provided by law;
 
14      (3)  Two shall be representatives from small providers and
 
15           shall be appointed by the governor as provided in
 
16           section 26-34, except as othewise provided by law;
 
17      (4)  Two may be representatives from either large or small
 
18           providers and shall be appointed by the governor as
 
19           provided in section 26-34, except as othewise provided
 
20           by law;
 
21      (5)  One representative each from the city and county of
 
22           Honolulu and the counties of Hawaii, Kauai, and Maui
 
23           and shall be appointed by the respective PSAP; and
 

 
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 1      (6)  The Consumer Advocate or the Consumer Advocate's
 
 2           designee.
 
 3      (b)  Seven voting members shall constitute a quorum, whose
 
 4 affirmative vote shall be necessary for all actions by the board,
 
 5 provided that of the seven voting members in attendance, three
 
 6 are representatives of the providers and three are
 
 7 representatives of the PSAP, except as provided in section
 
 8 7(c) of this chapter.
 
 9      (c)  The board shall meet upon the call of the chair, but no
 
10 less than once each three months after September 30, 1999. 
 
11      (d)  The members representing providers shall be appointed
 
12 by the governor for terms of two years, except that terms of the
 
13 three members initially appointed shall be for eighteen months.  
 
14      (e)  Each member shall hold office until the member's
 
15 successor is appointed and qualified.  Section 26-34 shall be
 
16 applicable in so far as it relates to succession, vacancies, and
 
17 suspension of board members.  
 
18      (f)  A member may vote by proxy submitted in writing to the
 
19 board.
 
20      (g)  The members shall serve without compensation.  Members
 
21 shall be entitled to reimbursements from the wireless enhanced
 
22 911 fund for reasonable traveling expenses incurred in connection
 
23 with the performance of the board duties.
 

 
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 1      (h)  The board or its chair may retain independent, third
 
 2 party accounting firms, consultants or other third party for
 
 3 purposes of verifying reports, payments into the fund, processing
 
 4 checks, and making distributions from the fund as directed by the
 
 5 board and as allowed by this chapter, and other administrative
 
 6 duties necessary to administer the fund or oversee operations of
 
 7 the board, including technical advisory support.
 
 8      (i)  The board shall develop reasonable procedures to ensure
 
 9 that all providers receive adequate notice of board meetings and
 
10 information concerning board decisions.
 
11      §   -3 Wireless enhanced 911 fund.(a)  There is
 
12 established outside the state treasury a special fund to be known
 
13 as the wireless enhanced 911 fund to be administered by the
 
14 wireless enhanced 911 advisory board within the department of
 
15 health for the purpose of ensuring adequate cost recovery for the
 
16 deployment of wireless enhanced 911 service in Hawaii and shall
 
17 be used solely for that purpose.
 
18      (b)  The fund consists of the amounts collected under
 
19 -4(e) of this chapter.
 
20      (c)  Any expenses of administering the fund must be paid
 
21 from moneys in the fund.
 
22      (d)  The board shall place the funds in an interest-bearing
 
23 account at any federally insured financial institution.
 

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

 
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 1 the payment against the amount the customer owes the provider or
 
 2 reseller before applying the partial payment against the
 
 3 surcharge.
 
 4      (c)  A provider which is, collecting the surcharge and
 
 5 remitting appropriate portions of the surcharge to the fund,
 
 6 pursuant to this Chapter, and which has been requested by a PSAP
 
 7 to provide phase I or phase II wireless enhanced 911 service in a
 
 8 particular county or counties, may recover wireless E911 CMRS
 
 9 costs as provided in this chapter.
 
10      (d)  Each provider or reseller may retain two per cent of
 
11 the amount of surcharges collected to offset administrative
 
12 expenses associated with billing and collecting the surcharge.
 
13      (e)  A provider or reseller shall remit to the wireless
 
14 enhanced 911 fund within sixty days after the end of the calendar
 
15 month in which the surcharge is collected, an amount that
 
16 represents the surcharges collected that are net of the amounts
 
17 retained for administrative expenses incurred by the provider or
 
18 reseller, as provided in Section 4(d) of this chapter. 
 
19      (f)  The surcharges collected by the provider or reseller
 
20 pursuant to this section are not subject to any tax, fee, or
 
21 assessment, nor are they considered revenue of the provider or
 
22 reseller.
 

 
 
 
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 1      (g)  Except for the initial surcharge which shall remain in
 
 2 effect for at least twelve months, the board may, upon the
 
 3 affirmative vote by at least two-thirds of the total members of
 
 4 the board, adjust the amount of surcharge from time to time upon
 
 5 ninety days' written notice to providers, resellers, and public
 
 6 safety answering points to ensure full recovery for providers and
 
 7 for public safety answering points, over a reasonable period of
 
 8 time, of the costs with developing and maintaining a wireless
 
 9 enhanced 911 service.
 
10      (h)  A provider or reseller shall have no obligation to take
 
11 any legal action to enforce the collection of the surcharge for
 
12 which any customer is billed.  However, the board may initiate a
 
13 collection action.  If the board prevails in such a collection
 
14 action, reasonable attorney's fees and costs shall be awarded.
 
15      (i)  At any time the memebers deem it necessary and
 
16 appropriate, the board may meet to make recommendations to the
 
17 Legislature as to whether the surcharge and fund should be
 
18 discontinued, continued as is, or be amended.
 
19      (j)  The board shall convene to review and evaluate the
 
20 surcharge and fund and make recommendations to the Legislature as
 
21 to whether the surcharge and fund should be discontinued,
 
22 continued as is, or be amended, upon any of the following dates:
 

 
 
 
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 1           (1)  The date all providers have certified to the board
 
 2                that all wireless E911 CMRS costs for phase I
 
 3                wireless enhanced 911 service have been recovered;
 
 4           (2)  Within six months of the date of any request from
 
 5                a public safety answering point for phase II
 
 6                wireless enhanced 911 service in accordance with
 
 7                the Federal Communications Commission order; or 
 
 8           (3)  May 1, 2003.
 
 9      (k)  When considering whether to discontinue, continue as is
 
10 or amend the fund or surcharge, the board's recommendations shall
 
11 be based on the latest information available, concerning costs
 
12 associated with providing wireless enhanced 911 service in
 
13 accordance with the Federal Communications Commission order.
 
14      §   -5 Recovery from the fund.(a)  Within thirty days of
 
15 the end of each calendar month, beginning with the first month in
 
16 which a provider begins billing and collecting surcharges, each
 
17 provider may request reimbursement from the fund of wireless E911
 
18 CMRS costs incurred including sworn invoices reflecting such
 
19 costs, provided that such costs are recoverable under section
 
20 -4(c), and have not already been reimbursed to the provider.  In
 
21 no event shall a provider be reimbursed for any amount above its
 
22 actual wireless E911 CMRS costs allowed to be recovered under
 
23 section   -4(c).
 

 
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 1      (b)  Any public safety answering point that has requested a
 
 2 provider to provide and implement phase I or phase II wireless
 
 3 enhanced 911 service in a particular county or counties is
 
 4 eligible to seek reimbursement from the fund solely to pay for
 
 5 the reasonable cost to lease, purchase, or maintain all necessary
 
 6 equipment, including computer hardware, software and database
 
 7 provisioning, required by the public safety answering point to
 
 8 provide technical functionality for the wireless enhanced 911
 
 9 service pursuant to the Federal Communications Commission order.
 
10 The total amount of reimbursement which the eligible public
 
11 safety answering points may obtain from the fund shall not exceed
 
12 three and one-half per cent of the total moneys remitted into the
 
13 fund.  All other expenses necessary to operate the public safety
 
14 answering point center including but not limited to those
 
15 expenses related to overhead, staffing, and other day-to-day
 
16 operational expenses, shall continue to be paid through the
 
17 general funding of the respective counties.
 
18      (c)  The board shall authorize disbursements from the fund
 
19 in the following order of priority:
 
20           (1)  expenses of the board to be paid from the fund
 
21                pursuant to this chapter;
 
22           (2)  requests for reimbursements from providers for
 
23                wireless E911 CMRS costs; and
 

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

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

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

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

 
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 1 directors, officers, assigns, or agents shall be liable for civil
 
 2 damages or criminal liability in connection with the release of
 
 3 customer information to any governmental entity, including any
 
 4 public safety answering point, as required under this chapter.
 
 5      (b)  In no event shall any PSAP, or its employees, assigns,
 
 6 or agents, or emergency response personnel, except in cases of
 
 7 gross negligence, wanton and wilful misconduct, or bad faith, be
 
 8 liable for any civil damages or criminal liability resulting from
 
 9 death or injury to the person or from damage to property incurred
 
10 by any person in connection with any act or omission in the
 
11 development, installation, maintenance, operation, or provision
 
12 of phase I or phase II wireless enhanced 911 service.
 
13      §   -9 Database or location information.(a)  Any CMRS
 
14 location information obtained by any PSAP or public service
 
15 agency or its personnel for public safety purposes is not a
 
16 government record 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 PSAP aggrieved by a decision of the board shall have the right
 

 
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 1 to petition the board for reconsideration within ten days
 
 2 following the rendering of the board's decision.  As part of its
 
 3 petition for reconsideration, such aggrieved party may present
 
 4 any reasonable evidence or information for the board to consider.
 
 5 The board shall render its decision on the reconsideration
 
 6 petition as soon as reasonably possible, but no later than thirty
 
 7 days after the reconsideration request is made.
 
 8      (b)  An aggrieved party, following the completion of the
 
 9 reconsideration petition process, upon agreement of the other
 
10 party, may have the dispute resolved through mandatory
 
11 arbitration by a single arbitrator in accordance with the
 
12 Wireless Industry Arbitration Rules of the American Arbitration
 
13 Association.  The costs of the arbitration, including the fees
 
14 and expenses of the arbitrator, shall be borne by the non-
 
15 prevailing party of any arbitration proceeding.  The arbitrator's
 
16 decision shall be final and binding and may be confirmed and
 
17 enforced in any court of competent jurisdiction.
 
18      (c)  Nothing in this section shall preclude any provider,
 
19 reseller, or PSAP from pursuing any existing right or remedy to
 
20 which it is entitled in any court having jurisdiction thereof.
 
21      §   -11  Miscellaneous.  A provider shall not be required to
 
22 provide wireless enhanced 911 service unless and until the
 
23 provider and the PSAP providing wireless enhanced 911 service in
 

 
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 1 the county or counties in which the provider is licensed to
 
 2 provide CMRS has entered into a written agreement setting forth
 
 3 the basic terms of service to be provided."
 
 4      SECTION 3.  Section 36-27, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      [[]§36-27[]]  Transfers from special funds for central
 
 7 service expenses.  Except as provided in this section, and
 
 8 notwithstanding any other law to the contrary, from time to time
 
 9 the director of finance, for the purpose of defraying the
 
10 prorated estimate of central service expenses of government in
 
11 relation to all special funds, except the:
 
12      (1)  Special summer school and intersession fund under
 
13           section 302A-1310;
 
14      (2)  School cafeteria special funds of the department of
 
15           education;
 
16      (3)  Special funds of the University of Hawaii;
 
17      (4)  State educational facilities improvement special fund;
 
18      (5)  Convention center capital special fund under section
 
19           206X-10.5 and the convention center operations special
 
20           fund under section 206X-10.6;
 
21      (6)  Special funds established by section 206E-6;
 
22      (7)  Housing loan program revenue bond special fund;
 
23      (8)  Housing project bond special fund;
 

 
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 1      (9)  Aloha Tower fund created by section 206J-17;
 
 2     (10)  Domestic violence prevention special fund under section
 
 3           321-1.3;
 
 4     (11)  Spouse and child abuse special account under section
 
 5           346-7.5;
 
 6     (12)  Spouse and child abuse special account under section
 
 7           601-3.6;
 
 8     (13)  Funds of the employees' retirement system created by
 
 9           section 88-109;
 
10     (14)  Unemployment compensation fund established under
 
11           section 383-121;
 
12     (15)  Hawaii hurricane relief fund established under chapter
 
13           431P;
 
14     (16)  Hawaii health systems corporation special funds;
 
15     (17)  Boiler and elevator safety revolving fund established
 
16           under section 397-5.5;
 
17     (18)  Tourism special fund established under section
 
18           [[]201B-11[]]; [and]
 
19     (19)  Department of commerce and consumer affairs' special
 
20           funds; and
 
21     (20)  Wireless Enhanced 911 fund established under chapter
 
22           ;
 
23 shall deduct five per cent of all receipts of all other special
 

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

 
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 1      (5)  State educational facilities improvement special fund;
 
 2      (6)  Special funds established by section 206E-6;
 
 3      (7)  Aloha Tower fund created by section 206J-17;
 
 4      (8)  Domestic violence prevention special fund under section
 
 5           321-1.3;
 
 6      (9)  Spouse and child abuse special account under section
 
 7           346-7.5;
 
 8     (10)  Spouse and child abuse special account under section
 
 9           601-3.6;
 
10     (11)  Funds of the employees' retirement system created by
 
11           section 88-109;
 
12     (12)  Unemployment compensation fund established under
 
13           section 383-121;
 
14     (13)  Hawaii hurricane relief fund established under chapter
 
15           431P;
 
16     (14)  Convention center capital special fund established
 
17           under section 206X-10.5 and the convention center
 
18           operations special fund established under section 206X-
 
19           10.6;
 
20     (15)  Hawaii health systems corporation special funds; [and]
 
21     (16)  Tourism special fund established under section
 
22           [[]201B-11[]]; and
 

 
 
 
Page 24                                                    661
                                     H.B. NO.           H.D. 3
                                                        S.D. 1
                                                        

 
 1     (17)  Wireless Enhanced 911 fund established under chapter
 
 2           ;
 
 3 shall be responsible for its pro rata share of the administrative
 
 4 expenses incurred by the department responsible for the
 
 5 operations supported by the special fund concerned.
 
 6      SECTION 5.  This Act shall take effect upon its approval.