STAND. COM. REP. NO. 2005

Honolulu, Hawaii

RE:    S.B. No. 2247

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred S.B. No. 2247 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to require communications service providers to provide call location information upon request by public safety agencies responding to emergencies.

     Your Committee received testimony in support of this measure from the Department of Human Services, Department of the Attorney General, Hawaii County Police Department, Honolulu Prosecuting Attorney, Honolulu Police Department, Oceanic Time Warner Cable, and four individuals.  Testimony in opposition was received from the Maui Police Department.  Comments were received from Hawaiian Telcom.

     Your Committee finds that this measure enables public safety agencies to determine the source of call location information, which can be particularly helpful in situations where a quick determination of the call location may reduce or eliminate the risk of death or serious bodily injury.  One instance in which a timely call location determination would have been helpful was the case of Kelsey Smith, who was reported missing on June 2, 2007, and whose body was recovered four days later.  In that case, Kelsey could have been found in time if her cell phone signal had been used to locate her sooner; however, the information was not provided to investigators until a few days after Kelsey was reported missing.  In the wake of this incident, several states have passed legislation similar to this measure.

     Your Committee has amended this measure by:

     (1)  Substituting references to "communications service provider" with "commercial mobile radio service provider";

     (2)  Substituting the reference to "serious physical harm" with "serious bodily injury"; and

     (3)  Adding public safety answering points to the limitation of liability provision.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2247, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2247, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair