Report Title:

Enhanced 911 Services

Description:

Lowers costs for cell phone subscribers by reducing the Wireless Enhanced 911 surcharge from 66 to 29 cents.  Places limits on expenditures from Wireless Enhanced 911 Fund.  Adds conflict of interest provisions.  (HB1014 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	1014
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENHANCED 911 SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 138-2, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  The board or its chairperson, with the approval of the board, may retain independent, third-party accounting firms, consultants, or other third party to:

     (1)  Create reports, make payments into the fund, process checks, and make distributions from the fund, as directed by the board and as allowed by this chapter; and

     (2)  Perform administrative duties necessary to administer the fund or oversee operations of the board, including providing technical advisory support[.]; provided that no third-party accounting firm, consultant, or other third party hired to perform these administrative duties may be retained if the accounting firm, consultant, or other third party, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any entity subject to the provisions of this chapter."

     SECTION 2. Section 138-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§138-3[]]  Wireless enhanced 911 fund.  There is established outside the state treasury a special fund, to be known as the wireless enhanced 911 fund, to be administered by the board.  The fund shall consist of amounts collected under section 138-4.  Moneys paid into the fund are not general fund revenues of the State.  The board shall place the funds in an interest-bearing account at any federally insured financial institution, separate and apart from the general fund of the State.  Moneys in the fund shall be expended exclusively by the board for the purposes of ensuring adequate cost recovery for the deployment, improvement, and maintenance of phase I and phase II wireless enhanced 911 service, including costs expended by the wireline provider for such purposes, and for expenses of administering the fund."

     SECTION 3.  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] 29 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] state except:

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

     (2)  Prepaid connections."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.