CONFERENCE COMMITTEE REPORT NO. 128

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 661
                                  H.D. 3
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 661, H.D. 3, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO ENHANCED WIRELESS EMERGENCY
    911 SERVICE,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to provide a mechanism for
regulating and funding phase I and phase II wireless enhanced 911
service.  Specifically, this bill:

     (1) Establishes a twelve-member Wireless Enhanced 911 Board
         (Board) within the Department of Health;

     (2) Establishes outside the state treasury the Wireless
         Enhanced 911 Fund (Fund) for the purpose of ensuring
         adequate cost recovery for the deployment of wireless
         enhanced 911 service in Hawaii;

 
 
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     (3) Requires the Board to establish a monthly wireless
         enhanced 911 surcharge on each commercial mobile radio
         service connection if a public safety answering point
         requests wireless enhanced 911 service from a provider
         of commercial mobile radio service;

     (4) Allows providers of commercial mobile radio service to
         request reimbursement from the Fund for incurred
         wireless enhanced 911 commercial mobile radio service
         costs;

     (5) Requires providers of facilities-based commercial mobile
         radio service and resellers of commercial mobile radio
         service to be audited to ensure that the wireless
         enhanced 911 surcharge recovers only legitimate costs
         and expenses directly related to the provision of phase
         I and phase II wireless enhanced 911 service;

     (6) Prohibits the disclosure of proprietary information
         submitted to the Board, a third party employed by the
         board, or a public safety answering point;

     (7) Imposes an unspecified civil penalty, in an amount of
         which has yet to be determined, if proprietary
         information identified by statute or rule is disclosed
         to an unauthorized person;

     (8) Limits the liability of providers of facilities-based
         commercial mobile radio service and public safety
         answering points to damages caused by gross negligence,
         wanton and wilful misconduct, or bad faith;

     (9) Deems commercial mobile radio service location
         information obtained by a public safety answering point
         or public safety agency for public safety purposes not
         to be a government record open to disclosure;

    (10) Allows providers of facilities-based commercial mobile
         radio service, resellers of commercial mobile radio
         service, and public safety answering points to resolve
         disputes with the Board through final and binding
         arbitration; and

    (11) Exempts the Fund from assessments for central service
         expenses and departmental administrative expenses.


 
 
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    After much discussion, your Committee on Conference has
amended this bill by:

    (1)  Specifying that the "Federal Communications Commission
         Order" means not only the original order issued in the
         Federal Communications Commission Docket No. 94-102
         (governing wireless enhanced 911 service), but also any
         other Federal Communication Commission orders related to
         the provision of wireless enhanced 911 services;

    (2)  Specifying that the chair of the Board may retain
         outside counsel only with the approval of the Board;

    (3)  Specifying that the Board shall select an independent
         third party to conduct audits;

    (4)  Deleting penalties and fines for violations of board
         rules;

    (5)  Deleting liability for actions conducted "in bad faith"
         by providers of facilities-based commercial mobile radio
         service and public safety answering points;

    (6)  Amending section 37-51, Hawaii Revised Statutes (HRS),
         to exempt the Fund from legislative and executive
         budgetary control in the same manner as the general
         fund;

    (7)  Amending section 37-53, HRS, to exempt from transfer to
         the general revenues of the State all or any portion of
         moneys in the Fund determined to be in excess of fiscal
         year requirements; and

    (8)  Making technical nonsubstantive changes for purposes of
         clarity, consistency, and style.

    Your Committee on Conference is in accord with the intent and
purpose of H.B. No. 661, H.D. 3, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 661, H.D. 3, S.D. 2, C.D. 1.


 
 
 
 
 
 
 
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                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
BRIAN T. TANIGUCHI, Co-Chair       ALEXANDER C. SANTIAGO, Co-
                                   Chair
                                   
                                   
                                   
______________________________     ______________________________
BRIAN KANNO, Co-Chair              RON MENOR, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
CAROL FUKUNAGA, Co-Chair           BERTHA C. KAWAKAMI, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ANDREW LEVIN, Co-Chair             JOSEPH M. SOUKI, Member
                                   
                                   
                                   
______________________________     ______________________________
SAM SLOM, Member                   CHRIS HALFORD, Member