Report Title:

Wireless Enhanced 911; Audit

 

Description:

Requests the state auditor to conduct an audit of the wireless enhanced 911 fund and submit a review of the fund in 2014 and every five years after.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

205

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO WIRELESS ENHANCED 911.

 

 

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

 


     SECTION 1.  Section 138-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§138-7  Audits[.]]; by the board, state auditor.  (a)  During any period in which a wireless enhanced 911 surcharge is imposed upon customers, the board may request an audited report prepared by an independent certified public accountant that demonstrates that the request for cost recovery from public safety answering points and wireless providers recovers only costs and expenses directly related to the provision of phase I or phase II wireless enhanced 911 service as authorized by this chapter.  The cost of the audited reports shall be considered expenses of the board.  The board shall prevent public disclosure of proprietary information contained in the audited report, unless required by court order or appropriate administrative agency decision.

     (b)  The board shall select an independent third party to audit the fund every two years to determine whether the fund is being managed in accordance with this chapter.  The board may use the audit to determine whether the amount of the surcharge assessed on each commercial mobile radio service connection is required to be adjusted.  The costs of the audit shall be an administrative cost of the board recoverable from the fund.

     (c)  Beginning 2014 and every five years thereafter as long as the wireless enhanced 911 fund remains in existence, the auditor shall conduct a review of the fund.  The review shall include but not be limited to the criteria set forth in section 37-52.3, for the establishment and continuance of special funds.  The auditor shall submit a report of its review to the legislature no later than twenty days prior to the convening of the regular session following each year in which the review is required to be performed."

     SECTION 2.  (a)  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

         (C)  The cost of equipment that may also be used to process wireline 911 calls;

         (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 its created purpose 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 expenditures from the wireless enhanced 911 fund by the wireless enhanced 911 board should be subject to legislative appropriation in the same manner as required by section 346-51.5, Hawaii Revised Statutes;

     (7)  Recommendations for other forms of legislative oversight of the wireless enhanced 911 board or other means of ensuring the board is accountable for its actions;

     (8)  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

     (9)  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.

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

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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