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 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        102
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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 island of Hawaii is sorely
 
 4 lacking.  In response to this urgent need, Senate Concurrent
 
 5 Resolution No. 31, 1998, requested the department of health to
 
 6 develop a rural health plan for the island of Hawaii, including
 
 7 the districts of Puna and Ka`u, to ensure the improvement of
 
 8 health facilities and to make available sufficient medical
 
 9 services.
 
10      In its report to the legislature pursuant to the concurrent
 
11 resolution, the department of health found that:
 
12      (1)  Rural community perceptions are that comprehensive
 
13           medical care must come first before the economic
 
14           situation in Ka`u will improve;
 
15      (2)  Elderly retirees have limited access to specialists and
 
16           may suffer long waits for transportation to larger or
 
17           specialized facilities; and
 
18      (3)  There are too few medical facilities with inadequate
 
19           transportation for a dispersed population that is
 
20           diffused over a large geographic area.
 

 
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 1      The legislature further finds that compared to the state
 
 2 population, Puna has the worst overall socio-economic status in
 
 3 the State, including the second worst per capita income ($9,450),
 
 4 second highest percentage of population below two hundred per
 
 5 cent of the federal poverty level, second highest percentage of
 
 6 households receiving public financial aid, third highest
 
 7 percentage of households receiving food stamps, and fourth
 
 8 highest unemployment rate.
 
 9      The legislature also finds that Puna has the fourth highest
 
10 level of overall health risk in the State, including the second
 
11 highest rate of births to mothers with pre-existing medical
 
12 conditions, fourth highest percentage of low birth weights, fifth
 
13 highest rate of infant mortality, and sixth highest percentage of
 
14 teen births.
 
15      The legislature further finds that compared to the state
 
16 population, Ka`u has the third worst rate for socio-economic
 
17 status, including the fourth highest percentage of population
 
18 below two hundred per cent of the federal poverty level, fourth
 
19 highest percentage of households receiving public financial aid,
 
20 fourth highest percentage of households receiving food stamps,
 
21 fifth worst per capita income, fifth highest unemployment rate,
 
22 and fifth highest percentage of adults without a high school
 
23 diploma.
 

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

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

 
 
 
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 1 coordinator shall develop a plan, with the assistance of the
 
 2 state department of health, county public transportation
 
 3 agencies, and private nonprofit agencies providing transportation
 
 4 services to the elderly and disabled, to establish a public rural
 
 5 transportation system for the Ka`u district, particularly to
 
 6 provide affordable and convenient access to health care services,
 
 7 including primary providers, emergency facilities, and hospitals.
 
 8 The legislature finds this request is not a mandated program
 
 9 under article VIII, section 5 of the state constitution.
 
10      SECTION 4.  It is the intent of this part not to jeopardize
 
11 the receipt of any federal aid nor to impair the obligation of
 
12 the State or any agency thereof to the holders of any bond issued
 
13 by the State or by any such agency, and to the extent, and only
 
14 to the extent, necessary to effectuate this intent, the governor
 
15 may modify the strict provisions of this part, but shall promptly
 
16 report any such modification with reasons therefor to the
 
17 legislature at its next session thereafter for review by the
 
18 legislature.
 
19                              PART II
 
20      SECTION 5.  The legislature finds that the department of
 
21 health, in addition to the functions and duties assigned to it
 
22 under chapter 321, Hawaii Revised Statutes, is required to
 

 
 
 
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 1 protect the health of the state by assisting each county in the
 
 2 development of an emergency 911 telephone system.
 
 3      The legislature further finds that the mobile nature of
 
 4 wireless communications service creates complexities in providing
 
 5 911 emergency services, and could, therefore, increase the
 
 6 potential for untimely communication that could mean life or
 
 7 death.  The Federal Communications Commission (FCC), in FCC
 
 8 Docket No. 94-102, adopted regulations that require commercial
 
 9 mobile radio service providers to provide wireless enhanced 911
 
10 service, if requested by the local government or a public safety
 
11 agency responsible for the emergency 911 functions, within
 
12 certain time parameters (FCC order).
 
13      The FCC requires the implementation of a cost recovery
 
14 mechanism to allow commercial mobile radio service providers to
 
15 recover their costs for designing, purchasing, installing,
 
16 testing, and operating enhanced facilities, systems, and services
 
17 necessary to comply with emergency 911 requirements.  It is in
 
18 the public health interest to establish a cost recovery mechanism
 
19 in accordance with the FCC order so that the citizens of Hawaii
 
20 who use commercial mobile radio service will realize the benefits
 
21 of wireless enhanced 911 service.
 

 
 
 
 
 
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 1      SECTION 6.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5              ENHANCED 911 SERVICES FOR MOBILE PHONES
 
 6      §   -1 Definitions.  As used in this chapter, unless the
 
 7 context requires otherwise:
 
 8      "Automatic location identification" means a wireless
 
 9 enhanced 911 service capability that enables the automatic
 
10 display of information defining the approximate geographic
 
11 location (within one hundred twenty-five meters two-thirds of the
 
12 time) of the wireless telephone used to place a 911 call in
 
13 accordance with the Federal Communications Commission order.
 
14      "Automatic number identification" means a wireless enhanced
 
15 911 service capability that enables the automatic display of the
 
16 ten-digit wireless telephone number used to place a 911 call in
 
17 accordance with the Federal Communications Commission order.
 
18      "Board" means the wireless enhanced 911 advisory board
 
19 established under this chapter.
 
20      "Commercial mobile radio service" means commercial mobile
 
21 radio service under sections 3(27) and 332(d) of the Federal
 
22 Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the
 

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

 
 
 
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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
 

 
 
 
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 1 apart from the general fund of the State to ensure adequate cost
 
 2 recovery to providers and public safety answering points for the
 
 3 deployment of phase I and phase II wireless enhanced 911 service
 
 4 in Hawaii as specified in this section.
 
 5      §   -2 Wireless enhanced 911 advisory board.(a)  There is
 
 6 created within the department of health for administrative
 
 7 purposes, a wireless enhanced 911 advisory board consisting of
 
 8 twelve voting members; provided that the membership shall consist
 
 9 of:
 
10      (1)  The director of health or the director's designee, who
 
11           shall serve as the chair;
 
12      (2)  Two members representing large providers who shall be
 
13           appointed by the governor as provided in section 26-34,
 
14           except as otherwise provided by law;
 
15      (3)  Two members representing small providers who shall be
 
16           appointed by the governor as provided in section 26-34,
 
17           except as otherwise provided by law;
 
18      (4)  Two members representing either large or small
 
19           providers who shall be appointed by the governor as
 
20           provided in section 26-34, except as otherwise provided
 
21           by law;
 

 
 
 
 
 
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 1      (5)  One member representing each of the city and county of
 
 2           Honolulu and the counties of Hawaii, Kauai, and Maui
 
 3           who shall be appointed by the respective public safety
 
 4           answering point; and
 
 5      (6)  The Consumer Advocate or the Consumer Advocate's
 
 6           designee.
 
 7      (b)  Seven voting members shall constitute a quorum, whose
 
 8 affirmative vote shall be necessary for all actions by the board,
 
 9 provided that of the seven voting members in attendance, three
 
10 are representatives of the providers and three are
 
11 representatives of the public safety answering points. 
 
12      (c)  The board shall meet upon the call of the chair, but
 
13 not less than once each three months after September 30, 1999. 
 
14      (d)  The members representing providers shall be appointed
 
15 by the governor for terms of two years, except that terms of the
 
16 first three members appointed shall be for eighteen months.
 
17      (e)  Each member shall hold office until the member's
 
18 successor is appointed and qualified.  Section 26-34 shall be
 
19 applicable insofar as it relates to succession, vacancies, and
 
20 suspension of board members.  
 
21      (f)  A member may vote by proxy submitted in writing to the
 
22 board.
 

 
 
 
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 1      (g)  The members shall serve without compensation.  Members
 
 2 shall be entitled to reimbursements from the wireless enhanced
 
 3 911 fund for reasonable traveling expenses incurred in connection
 
 4 with the performance of the board duties.
 
 5      (h)  The board or its chair may retain independent, third
 
 6 party accounting firms, or consultants or other third parties for
 
 7 purposes of verifying reports, making payments into the fund,
 
 8 processing checks, and making distributions from the fund as
 
 9 directed by the board and as allowed by this chapter, and other
 
10 administrative duties necessary to administer the fund or oversee
 
11 operations of the board, including technical advisory support.
 
12      (i)  The board shall develop reasonable procedures to ensure
 
13 that all providers receive adequate notice of board meetings and
 
14 information concerning board decisions.
 
15      §   -3 Wireless enhanced 911 fund.(a)  There is
 
16 established outside the state treasury a special fund to be known
 
17 as the wireless enhanced 911 fund to be administered by the
 
18 wireless enhanced 911 advisory board within the department of
 
19 health for the purpose of ensuring adequate cost recovery for the
 
20 deployment of wireless enhanced 911 service in Hawaii and shall
 
21 be used solely for that purpose.
 

 
 
 
 
 
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 1      (b)  Any expenses of administering the fund shall be paid
 
 2 from moneys in the fund.
 
 3      (c)  The fund shall consist of those sums remitted by
 
 4 providers and resellers, that represent the balance of the
 
 5 surcharges collected following deduction of administrative
 
 6 expenses as provided in section -4(d).
 
 7      (d)  The board shall place the funds in an interest-bearing
 
 8 account at any federally insured financial institution.
 
 9      §   -4 Surcharge.  (a)  The board shall establish:
 
10      (1)  A monthly wireless enhanced 911 surcharge on each
 
11           commercial mobile radio service connection within
 
12           ninety days after a public safety answering point
 
13           requests wireless enhanced 911 service from a provider
 
14           in accordance with the Federal Communications
 
15           Commission order; and
 
16      (2)  The effective date of the surcharge.
 
17      The rate of the surcharge shall initially be set at thirty
 
18 cents per month for each commercial mobile radio service
 
19 connection.  The surcharge shall not exceed fifty cents per
 
20 month.  This surcharge shall have uniform application and shall
 
21 be imposed on each commercial mobile radio service connection
 
22 provider operating within the State.  The surcharge may be
 
23 increased or decreased in accordance with subsection (g).
 

 
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 1      (b)  All providers and resellers, within ninety days of the
 
 2 effective date of the initial surcharge or the date the board
 
 3 approves any adjustment in the amount of the surcharge, as the
 
 4 case may be, shall bill to and collect from each of their
 
 5 customers a monthly surcharge at the rate established by the
 
 6 board for each commercial mobile radio service connection.  The
 
 7 provider or reseller may list the surcharge as a separate line
 
 8 item on each bill.  If a provider or reseller receives a partial
 
 9 payment for a monthly bill from a commercial mobile radio service
 
10 customer, the provider or reseller shall apply the payment
 
11 against the amount the customer owes the provider or reseller
 
12 before applying the partial payment against the surcharge.
 
13      (c)  A provider that:
 
14      (1)  Is collecting the surcharge and remitting appropriate
 
15           portions of the surcharge to the fund pursuant to this
 
16           chapter; and
 
17      (2)  Has been requested by a public safety answering point
 
18           to provide phase I or phase II wireless enhanced 911
 
19           service in a particular county or counties,
 
20 may recover wireless E911 CMRS costs as provided in this chapter.
 
21      (d)  Each provider or reseller may retain two per cent of
 
22 the amount of surcharges collected to offset administrative
 
23 expenses associated with billing and collecting the surcharge.
 

 
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 1      (e)  A provider or reseller shall remit to the wireless
 
 2 enhanced 911 fund within sixty days after the end of the calendar
 
 3 month in which the surcharge is collected, an amount that
 
 4 represents the surcharges collected that are net of the amounts
 
 5 retained for administrative expenses incurred by the provider or
 
 6 reseller, as provided in subsection (d). 
 
 7      (f)  The surcharges collected by the provider or reseller
 
 8 pursuant to this section are not subject to any tax, fee, or
 
 9 assessment, nor are they considered revenue of the provider or
 
10 reseller.
 
11      (g)  Except for the initial surcharge which shall remain in
 
12 effect for at least twelve months, the board may, upon the
 
13 affirmative vote by at least two-thirds of the total members of
 
14 the board, adjust the amount of surcharge from time to time upon
 
15 ninety days' written notice to providers, resellers, and public
 
16 safety answering points to ensure full recovery for providers and
 
17 for public safety answering points, over a reasonable period of
 
18 time, of the costs with developing and maintaining a wireless
 
19 enhanced 911 service.
 
20      (h)  A provider or reseller shall have no obligation to take
 
21 any legal action to enforce the collection of the surcharge for
 
22 which any customer is billed.  However, the board may initiate a
 

 
 
 
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 1 collection action and reasonable costs and attorneys' fees
 
 2 associated with that collection action may be awarded.
 
 3      (i)  At any time the board deems necessary and appropriate,
 
 4 the board shall review and evaluate the surcharge and the
 
 5 wireless enhanced 911 fund and make recommendations to the
 
 6 Legislature:
 
 7      (1)  As to whether the surcharge and fund should be
 
 8           discontinued, continued as is, or be amended; and
 
 9      (2)  Which shall be based on the latest information
 
10           available concerning costs associated with providing
 
11           wireless enhanced 911 service in accordance with the
 
12           Federal Communications Commission order;
 
13 provided that the review shall occur no later than:
 
14      (1)  The date all providers have certified to the board that
 
15           all wireless E911 CMRS costs for phase I wireless
 
16           enhanced 911 service have been recovered;
 
17      (2)  Within six months of the date of any request from a
 
18           public safety answering point for phase II wireless
 
19           enhanced 911 service in accordance with the Federal
 
20           Communications Commission order; or 
 
21      (3)  May 1, 2003.
 

 
 
 
 
 
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 1      §   -5 Recovery from the fund.(a)  Within thirty days of
 
 2 the end of each calendar month, beginning with the first month in
 
 3 which a provider begins billing and collecting surcharges, each
 
 4 provider may request reimbursement of wireless E911 CMRS costs
 
 5 incurred including sworn invoices reflecting such costs; provided
 
 6 that such costs:
 
 7      (1)  Are recoverable under section    -4(c); and 
 
 8      (2)  Have not already been reimbursed to the provider.
 
 9      In no event shall a provider be reimbursed for any amount
 
10 above its actual wireless E911 CMRS costs allowed to be recovered
 
11 under section   -4(c).
 
12      (b)  Any public safety answering point that has requested a
 
13 provider to provide and implement phase I or phase II wireless
 
14 enhanced 911 service in a particular county or counties is
 
15 eligible to seek reimbursement from the fund solely to pay for
 
16 the reasonable cost to lease, purchase, or maintain all necessary
 
17 equipment, including computer hardware, software and database
 
18 provisioning, required by the public safety answering point to
 
19 provide technical functionality for the wireless enhanced 911
 
20 service pursuant to the Federal Communications Commission order.
 
21 The total amount of reimbursement which the eligible public
 
22 safety answering points may obtain from the fund shall not exceed
 

 
 
 
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 1 three and one-half per cent of the total moneys remitted into the
 
 2 fund.  All other expenses necessary to operate the public safety
 
 3 answering point center, including those expenses related to
 
 4 overhead, staffing, and other day-to-day operational expenses,
 
 5 shall continue to be paid through the general funding of the
 
 6 respective counties.
 
 7      (c)  The priority for paying moneys out of the fund shall be
 
 8 as follows:
 
 9      (1)  Expenses of the board to be paid from the fund pursuant
 
10           to this chapter;
 
11      (2)  Requests for reimbursements from providers for wireless
 
12           E911 CMRS costs; and
 
13      (3)  Requests for reimbursements for public safety answering
 
14           points.
 
15      To the extent there are insufficient moneys in the fund to
 
16 satisfy any or all requests for reimbursement, the board shall
 
17 have the discretion to disburse moneys in amounts less than
 
18 requested or defer such requests until additional amounts are
 
19 deposited into the fund.
 
20      (d)  If there are competing requests for reimbursement
 
21 between providers when there are insufficient moneys in the fund
 
22 to satisfy such requests, the board shall disburse moneys to the
 

 
 
 
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 1 requesting providers through a prorated disbursement based on the
 
 2 amount of the wireless E911 CMRS costs being sought to be
 
 3 reimbursed.
 
 4      §   -6 Audits.(a)  During any period in which a wireless
 
 5 enhanced 911 surcharge is imposed upon customers, the provider,
 
 6 before April 2 of each following year, shall submit to the board
 
 7 an audited report prepared by an independent certified public
 
 8 accountant that demonstrates that the surcharge imposed recovers
 
 9 only legitimate costs and expenses directly related to the
 
10 provision of phase I or phase II wireless enhanced 911 service.
 
11 The cost of such audited report shall be considered part of the
 
12 expenses that may be recovered by the provider as part of the
 
13 surcharge.  The board shall prevent public disclosure of
 
14 proprietary information contained in the audited report unless
 
15 required by court order or appropriate administrative agency
 
16 decision.
 
17      (b)  During any period in which a reseller imposes a
 
18 wireless enhanced 911 surcharge upon its customers, the reseller
 
19 shall submit, concurrently with the remittal of the net
 
20 surcharges billed to and collected from the reseller's customers,
 
21 a report that provides sufficient detail to the board to verify
 
22 the accuracy of the total surcharges payable and collected by the
 

 
 
 
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 1 reseller.  The board, in its discretion, may order an audit of
 
 2 the reseller's records or require the reseller to submit an
 
 3 audited report which reconciles the total surcharges billed to
 
 4 and collected from a reseller's customers and remitted to the
 
 5 board.
 
 6      (c)  The board shall select a third party to audit the fund
 
 7 every two years to determine whether the fund is being managed in
 
 8 accordance with this chapter.  The board may utilize the audit to
 
 9 determine whether the amount of the surcharge assessed on each
 
10 commercial mobile radio service connection is required to be
 
11 adjusted.  The costs of the audit shall be an administrative cost
 
12 of the board recoverable from the fund.
 
13      §   -7 Proprietary information.(a)  All proprietary
 
14 information submitted to:
 
15      (1)  The board;
 
16      (2)  Any third party used by the board in connection with
 
17           its duties; or
 
18      (3)  Any public safety answering point in deploying wireless
 
19           911 service,
 
20 shall be retained in confidence.  Proprietary information
 
21 submitted pursuant to this chapter shall not be released to any
 
22 person other than to the submitting provider, the board, or any
 

 
 
 
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 1 independent, third-party accounting firm retained by the board,
 
 2 without the express permission of the submitting provider.
 
 3 General information collected by the board shall be released or
 
 4 published only in aggregate amounts that do not identify or allow
 
 5 identification of numbers of subscribers or revenues attributable
 
 6 to an individual provider.
 
 7      (b)  The board, any third parties it may retain, and any
 
 8 public safety answering point shall take appropriate measures to
 
 9 maintain the confidentiality of the proprietary information that
 
10 may be submitted by a provider.  Recognizing that providers
 
11 require their proprietary information to be held in confidence,
 
12 the board shall adopt reasonable procedures to prevent disclosure
 
13 or access of the proprietary information to the public and
 
14 competitors, including members of the board representing the
 
15 providers.  Members of the board may not disclose the information
 
16 to any third parties, including their employers, without the
 
17 written consent of the provider whose proprietary information is
 
18 to be disclosed.
 
19      (c)  When at least two-thirds of the members of the board
 
20 determine that a board action can be conducted by a committee
 
21 consisting of all board members except the six provider
 
22 representatives, the committee shall have the power to act for
 

 
 
 
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 1 the board on the specific matters defined by the board, such that
 
 2 proprietary information shall not be disclosed to the provider
 
 3 representatives.
 
 4      §   -8  Limitation of liability.(a)  Notwithstanding any
 
 5 law to the contrary, in no event shall any provider, or its
 
 6 employees, directors, officers, assigns, or agents, except in
 
 7 cases of gross negligence or wanton and wilful misconduct, be
 
 8 liable for any civil damages or criminal liability resulting from
 
 9 death or injury to a person or from damage to property incurred
 
10 by any person in connection with any act or omission in
 
11 developing, designing, adopting, establishing, installing,
 
12 participating in, implementing, maintaining, or providing access
 
13 to phase I or phase II wireless enhanced 911 service in
 
14 compliance with the wireless enhanced 911 requirements
 
15 established by the Federal Communications Commission, or any
 
16 other wireless service intended to help persons obtain emergency
 
17 assistance.  In addition, no provider or its employees,
 
18 directors, officers, assigns, or agents shall be liable for civil
 
19 damages or criminal liability in connection with the release of
 
20 customer information to any governmental entity, including any
 
21 public safety answering point, as required under this chapter.
 

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

 
 
 
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 1 reconsideration within ten days following the rendering of the
 
 2 board's decision.  As part of its petition for reconsideration,
 
 3 such aggrieved party may present any reasonable evidence or
 
 4 information for the board to consider.  The board shall render
 
 5 its decision on the reconsideration petition as soon as
 
 6 reasonably possible, but no later than thirty days after the
 
 7 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 public safety answering point from pursuing any
 
20 existing right or remedy to which it is entitled in any court
 
21 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 service
 
11 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;
 

 
 
 
 
 
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 1      (5)  Convention center capital special fund under section
 
 2           206X-10.5 and the convention center operations special
 
 3           fund under section 206X-10.6;
 
 4      (6)  Special funds established by section 206E-6;
 
 5      (7)  Housing loan program revenue bond special fund;
 
 6      (8)  Housing project bond special fund;
 
 7      (9)  Aloha Tower fund created by section 206J-17;
 
 8     (10)  Domestic violence prevention special fund under section
 
 9           321-1.3;
 
10     (11)  Spouse and child abuse special account under section
 
11           346-7.5;
 
12     (12)  Spouse and child abuse special account under section
 
13           601-3.6;
 
14     (13)  Funds of the employees' retirement system created by
 
15           section 88-109;
 
16     (14)  Unemployment compensation fund established under
 
17           section 383-121;
 
18     (15)  Hawaii hurricane relief fund established under chapter
 
19           431P;
 
20     (16)  Hawaii health systems corporation special funds;
 
21     (17)  Boiler and elevator safety revolving fund established
 
22           under section 397-5.5;
 

 
 
 
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 1     (18)  Tourism special fund established under section
 
 2           [[]201B-11[]]; [and]
 
 3     (19)  Department of commerce and consumer affairs' special
 
 4           funds; and
 
 5     (20)  Wireless enhanced 911 fund established under chapter
 
 6           321-  ;
 
 7 shall deduct five per cent of all receipts of all other special
 
 8 funds, which deduction shall be transferred to the general fund
 
 9 of the State and become general realizations of the State.  All
 
10 officers of the State and other persons having power to allocate
 
11 or disburse any special funds shall cooperate with the director
 
12 in effecting these transfers.  To determine the proper revenue
 
13 base upon which the central service assessment is to be
 
14 calculated, the director shall adopt rules pursuant to chapter 91
 
15 for the purpose of suspending or limiting the application of the
 
16 central service assessment of any fund.  No later than twenty
 
17 days prior to the convening of each regular session of the
 
18 legislature, the director shall report all central service
 
19 assessments made during the preceding fiscal year."
 
20      SECTION 8.  Section 36-30, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a) Each special fund, except the:
 

 
 
 
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 1      (1)  Transportation use special fund established by section
 
 2           261D-1;
 
 3      (2)  Special summer school and intersession fund under
 
 4           section 302A-1310;
 
 5      (3)  School cafeteria special funds of the department of
 
 6           education;
 
 7      (4)  Special funds of the University of Hawaii;
 
 8      (5)  State educational facilities improvement special fund;
 
 9      (6)  Special funds established by section 206E-6;
 
10      (7)  Aloha Tower fund created by section 206J-17;
 
11      (8)  Domestic violence prevention special fund under section
 
12           321-1.3;
 
13      (9)  Spouse and child abuse special account under section
 
14           346-7.5;
 
15     (10)  Spouse and child abuse special account under section
 
16           601-3.6;
 
17     (11)  Funds of the employees' retirement system created by
 
18           section 88-109;
 
19     (12)  Unemployment compensation fund established under
 
20           section 383-121;
 
21     (13)  Hawaii hurricane relief fund established under chapter
 
22           431P;
 

 
 
 
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 1     (14)  Convention center capital special fund established
 
 2           under section 206X-10.5 and the convention center
 
 3           operations special fund established under section 206X-
 
 4           10.6;
 
 5     (15)  Hawaii health systems corporation special funds; [and]
 
 6     (16)  Tourism special fund established under section
 
 7           [[]201B-11[]]; and
 
 8     (17)  Wireless enhanced 911 fund established under chapter
 
 9           321-  ;
 
10 shall be responsible for its pro rata share of the administrative
 
11 expenses incurred by the department responsible for the
 
12 operations supported by the special fund concerned."
 
13      SECTION 9.  Section 37-51, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§37-51  Abolition of special funds; legislative purpose.
 
16 The purpose of this part is to place all special funds under
 
17 legislative and executive budgetary control in the same manner as
 
18 the general fund, with the exception of those funds subject to
 
19 applicable federal laws or regulations, the wireless enhanced 911
 
20 fund established under chapter 321-  , and payments on principal
 
21 and interest on revenue bonds."
 

 
 
 
 
 
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 1      SECTION 10.  Section 37-53, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§37-53  Transfer of special funds.  At any time during a
 
 4 fiscal year, notwithstanding any other law to the contrary, any
 
 5 department may, with the approval of the governor or the director
 
 6 of finance if so delegated by the governor, transfer from any
 
 7 special fund relating to such department to the general revenues
 
 8 of the State all or any portion of moneys determined to be in
 
 9 excess of fiscal year requirements for such special fund, except
 
10 for special funds under the control of the department of
 
11 transportation relating to highways, airports, transportation
 
12 use, and harbors activities, special funds under the control of
 
13 the Hawaii health systems corporation, the special fund under the
 
14 control of the department of health for wireless enhanced 911
 
15 services, and special funds of the University of Hawaii.  At any
 
16 time the department of transportation, with the approval of the
 
17 governor or the director of finance if so delegated by the
 
18 governor, may transfer from any special fund under the control of
 
19 the department of transportation, or from any account within any
 
20 such special fund, to the general revenues of the State or to any
 
21 other special fund under the control of the department of
 
22 transportation all or any portion of moneys determined to be in
 

 
 
 
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 1 excess of requirements for the ensuing twelve months determined
 
 2 as prescribed by rules adopted pursuant to chapter 91; provided
 
 3 that no such transfer shall be made which would cause a violation
 
 4 of federal law or federal grant agreements."
 
 5      SECTION 11.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 12.  This Act shall take effect on July 1, 1999;
 
 8 provided that:
 
 9      (1)  The amendments made to sections 36-27 and 36-30, Hawaii
 
10           Revised Statutes, by this Act shall not be repealed
 
11           when those sections are reenacted on July 1, 2000,
 
12           pursuant to section 13 of Act 216, Session Laws of
 
13           Hawaii 1997; and
 
14      (2)  The amendments made to section 36-27, Hawaii Revised
 
15           Statutes, by this Act shall not be repealed when that
 
16           section is reenacted on July 31, 2003, pursuant to
 
17           section 9 of Act 142, Session Laws of Hawaii 1998.