STAND. COM. REP. NO. 167-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2883

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2883 entitled:

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

begs leave to report as follows:

The purpose of this bill is to increase public safety. Among other things, this bill:

(1) Establishes a wireless enhanced 911 surcharge;

(2) Establishes a Wireless Enhanced 911 Special Fund (Special Fund);

(3) Establishes a Wireless Enhanced 911 Board (Board);

(4) Requires the submission of annual reports to the Legislature by the Board;

(5) Provides the Board with the authority to request audits of the Special Fund prepared by an independent certified public accountant;

(6) Protects proprietary information of wireless service providers; and

(7) Provides wireless providers with limited liability.

The Honolulu Police Department (HPD), Verizon Hawaii, T-Mobile USA, Inc., Verizon Wireless, American Heart Association, and AT&T Wireless testified in support of this measure. The Department of Health and Department of Accounting and General Services supported the intent of the measure. The Office of Information Practices commented on the measure.

Your Committee finds that the use of cellular phones has proliferated and has become an essential safety device for many people. HPD estimates that slightly more than 50 percent of calls to 911 are made by persons using cellular phones. However, your Committee notes that often, individuals using cellular phones are unable to determine their exact location. An enhanced 911 (E911) system for wireless phones would provide precious minutes in locating persons, especially those involved in life-threatening incidents. Unfortunately, the technology used in identifying and locating cellular phone callers is expensive and constantly being improved. Your Committee finds that this bill will provide the necessary means to establish this important service and is a step in the right direction to improving public safety.

Your Committee has amended this measure by:

(1) Including a representative of the current provider of wireline E911 services as an ex-officio, nonvoting member of the Board;

(2) Setting the rate of the established monthly surcharge for each commercial mobile radio service connection at 66 cents;

(3) Clarifying the process for public safety answering point cost recovery and provider cost recovery;

(4) Adding affiliates of wireless service providers to the list of those covered under the limited liability protections afforded in this measure;

(5) Clarifying that liability is limited to gross negligence and wilful misconduct and is not dependent on requirements established by the Federal Communications Commission;

(6) Deleting the provision that land-based E911 services be included in the progress report of local government implementation of E911 services since land-based E911 services have already been implemented and in service for a number of years; and

(7) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2883, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2883, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair