HB3367 SD2

SECTION 1. Section 138-4, Hawaii Revised Statutes is amended by amending subsection (b) to read as follows:

"(b) [~~The effective date of the surcharge shall be July 1, 2004.~~] The rate of the surcharge shall be set at [66] 43 cents per month for each commercial mobile radio service connection. The surcharge shall have uniform application and shall be imposed on each commercial mobile radio service connection operating within the State except:

(1) Connections billed to federal, state, and county government entities; and

(2) Prepaid connections."

SECTION 2. The auditor shall conduct a financial and management audit of the wireless enhanced 911 fund to address the following issues:

(1) The role the wireless enhanced 911 board should play in assisting the counties in deployment or operation of wireless enhanced 911 in light of the department of health's duties assigned pursuant to sections 321-224(a)(7) and 321-225(a)(6), Hawaii Revised Statutes;

(2) The responsibility of the county councils to determine whether provision of wireless enhanced 911 services is a budget priority within their respective jurisdictions;

(3) Whether the statutory authority to reimburse the public safety answering points and the wireless service providers for costs incurred to deploy wireless enhanced 911 services includes or should include:

(A) The ongoing cost of operating 911 call centers, including trunking line charges, answering position charges, and long distance calling charges assessed by the local exchange carrier;

(B) The cost incurred for acquiring personnel services by contract that would be prohibited if acquired by hiring personnel; and

(4) Whether the wireless enhanced 911 board should be expending funds from the wireless enhanced 911 fund to purchase products for use by the public safety answering points rather than reimbursing the counties for those purchases;

(5) Whether the wireless enhanced 911 fund serves the purpose for which it was created and reflects a clear link between the benefit sought and charges made upon the users or beneficiaries of the program, as opposed to serving primarily as a means to provide the program or users with an automatic means of support which is removed from the normal budget and appropriations process;

(6) Whether the surcharge amount imposed on customers is sufficient to fund the wireless enhanced 911 fund and, if not, recommend an appropriate surcharge amount; and

(7) Any other issues pertinent to the audit revealed by the auditor's review of the wireless enhanced 911 board's records and interviews of its personnel.

The auditor shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2009, containing findings and recommendations, including any proposed legislation and identifying alternative forms of funding concerning how the wireless enhanced 911 fund has been managed and the moneys in the fund are expended.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 29, 2008.

HOUSE OF REPRESENTATIVES	H.B. NO.	3367
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
STATE OF HAWAII		S.D. 2