Appropriates funds to the Honolulu Police Department for development costs for a 3-1-1 Non-Emergency Report System. Limits liability of wireless providers, resellers, or their respective employees, directors, officers, assigns, affiliates, or agents under certain circumstances. (HB990 HD1)

A BILL FOR AN ACT

SECTION 1. The Honolulu police department (HPD) operates the current 9-1-1 emergency phone call system for Oahu. According to the HPD, 9-1-1 currently handles over one million calls annually, including calls for police, ambulance, and fire. The volume is expected to rise with the progressive increase in population density and the growing prevalence of cellular phones. The 9-1-1 system handles all calls for emergency services, as well as non-emergency calls (estimated at sixty-five to seventy-five per cent of all 9-1-1 calls), which the system was never intended or equipped to handle. Examples of non-emergency calls received by the 9-1-1 system include abandoned vehicles, noise, and animal complaints.

The legislature finds that non-emergency calls to 9-1-1 challenge the limited resources of the HPD communications division, presenting a predicament that critically tests the abilities of the staff and equipment to respond to true emergencies. According to the HPD, staffing shortages and equipment failures are not uncommon. Non-emergency calls frequently overwhelm available 9-1-1 operators, resulting in a backlog of emergency 9-1-1 calls awaiting dispatch of appropriate emergency personnel.

The HPD is currently developing a non-emergency report system, known as 3-1-1, to relieve the 9-1-1 system of taking non-emergency phone calls. The legislature further finds that a 3-1-1 report system is necessary to protect the public health, safety, and welfare.

The purpose of this Act is to make an appropriation as a grant-in-aid to the HPD for development costs to develop a non-emergency 3-1-1 report system.

SECTION 2. Notwithstanding any law to the contrary, in no event shall any wireless provider, reseller, or their respective employees, directors, officers, assigns, affiliates, or agents, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to a person or from damage to property incurred by any person in conjunction with any act or omission in developing, designing, adopting, establishing, installing, participating in, implementing, maintaining, or providing access to 3-1-1 service as defined by the Federal Communication Commission. In addition, no wireless provider, reseller, or their respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages or criminal liability in connection with the release of customer information to any governmental entity, including any public safety answering point.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for a grant-in-aid to the Honolulu police department for the development of a non-emergency report system, known as 3-1-1, to include:

The sum appropriated shall be expended by the Honolulu police department for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2005.