CONFERENCE COMMITTEE REP. NO. 140-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2883

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2883, H.D. 2, S.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to protect the health, safety, and welfare of the public by funding and implementing a wireless enhanced 911 system designed to route a wireless caller's identification and location to a public safety answering point. Among other things, this bill:

(1) Establishes a monthly surcharge on commercial mobile phone connections;

(2) Establishes the Wireless Enhanced 911 Fund (Fund) into which the surcharge will be deposited;

(3) Creates the Wireless Enhanced 911 Board (Board) to oversee collection and distribution of surcharge funds;

(4) Requires annual reports to be submitted to the Legislature;

(5) Provides for protections of proprietary wireless provider information; and

(6) Includes provisions for audits of the Fund.

Your Committee on Conference has amended this measure by:

(1) Renaming the definition of "provider" to "wireless provider";

(2) Clarifying the quorum requirements of the Board to include six members, rather than six voting members;

(3) Setting the rate of the surcharge at 66 cents per month for each commercial mobile radio service connection;

(4) Clarifying that a wireless provider may recover wireless enhanced 911 commercial mobile radio service costs if the provider:

(A) Is collecting the surcharge and remitting appropriate portions of the surcharge to the Fund; and

(B) Has been requested by a public safety answering point to provide Phase I or Phase II wireless enhanced 911 service in a particular county or counties;

(5) Specifying that public safety answering points shall be allocated two-thirds of the Fund after expenses of the Board are paid;

(6) Specifying that one-third of the Fund shall be made available for wireless provider cost recovery;

(7) Inserting language to include a progress report of jurisdictional readiness for wireless enhanced 911 services, including public safety answering points, wireless providers, and wireline providers in the annual report submitted to the Legislature by the Board;

(8) Deleting the exception of land line companies from the audit requirements of this measure;

(9) Limiting the liability of affiliates of a wireless provider for civil damages or criminal liability;

(10) Changing its effective to July 1, 2004; and

(11) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2883, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2883, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

CAL KAWAMOTO, Co-Chair

____________________________

JOSEPH M. SOUKI, Co-Chair

____________________________

RON MENOR, Co-Chair

____________________________

ROBERT N. HERKES, Co-Chair

____________________________

DWIGHT Y. TAKAMINE, Co-Chair