Bill Summary – FastDemocracy

0656.03000
     Sixty-sixth
     Legislative Assembly                    HOUSE BILL NO. 1435
     of North Dakota
     Introduced by
       Representatives Bosch, Heinert, Nathe, Porter
       Senators Cook, Schaible, Wardner
  A BILL for an Act to amend and reenact sections 37-17.3-02, 37-17.3-02.2, and 37-17.3-03 of
  the North Dakota Century Code, and section 10 of chapter 247 of the 2017 Session Laws,
  relating to the governance, purchase, financing, and operation of the state radio broadcasting
  system; to provide for a legislative management study; to provide an appropriation; and to
  declare an emergency.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 37-17.3-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      37-17.3-02. State radio broadcasting system.
     The directorchief information officer of the information technology department may
 purchase the necessary apparatus and equipment to construct or establish a radio broadcasting
 system for this state thatwhich enables seamless interoperable communications from local,
 state, and federal levels. However, the chief information officer may not use state funds
 including resources from the statewide interoperable radio network fund for dispatch consoles,
 connectivity, and associated necessary software, equipment, or services to support a public
 safety answering point unless these items are intended for use by a state agency or state
 department. The director is charged with the operation and maintenance of the system.
     SECTION 2. AMENDMENT. Section 37-17.3-02.2 of the North Dakota Century Code is
 amended and reenacted as follows:
     37-17.3-02.2. North Dakota statewide interoperability executive committee. (Effective
 through July 31, 2023)
     1.   The statewide interoperability executive committee consists of:
          a.     The director of state radio or a designee;
          b.     The director of the division of homeland security or a designee;
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             c.   The superintendent of the highway patrol or a designee;
             d.   The adjutant general or a designee;
             e.   The director of the department of transportation or a designee;
             f.   A representative of the North Dakota sheriff's and deputies association;
             g.   A representative of the North Dakota emergency managers association;
             h.   A representative of the North Dakota fire chiefs association;
             i.   A representative of the North Dakota emergency medical services association;
             j.   A representative of the North Dakota police chiefs association;
             k.   A representative of the North Dakota peace officers association;
            l.   A representative of the North Dakota 911 association;
           m.    A representative of the North Dakota association of counties;
            n.   A representative of the North Dakota league of cities;
            o.   The North Dakota chief information officer or a designee;
          n.p.   The North Dakota Indian affairs commission executive director or a designee;
                 and
          o.q.   One member of the North Dakota house of representatives and one member of
                 the North Dakota senate appointed by the legislative management.
     2.    The committee shall elect a chairman and vice chairman for terms of two years upon
           its initial meeting. The adjutant general shall call and convene the initial meeting.
     3.    The committee shall prepare recommendations regarding a statewide integrated radio
           system with due consideration for all stakeholders reliant upon a radio communication
           system.
     4.    The committee may adopt rules governing the connection or integration of public
           safety answering points to the state radio broadcasting system.
    North Dakota statewide interoperability executive committee. (Effective after July 31,
 2023)
     1.    The statewide interoperability executive committee consists of:
            a.   The director of state radio or a designee;
            b.   The director of the division of homeland security or a designee;
            c.   The superintendent of the highway patrol or a designee;
            d.   The adjutant general or a designee;
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             e.   The director of the department of transportation or a designee;
             f.   A representative of the North Dakota sheriff's and deputies association;
             g.   A representative of the North Dakota emergency managers association;
             h.   A representative of the North Dakota fire chiefs association;
             i.   A representative of the North Dakota emergency medical services association;
             j.   A representative of the North Dakota police chiefs association;
             k.   A representative of the North Dakota peace officers association;
             l.   A representative of the North Dakota 911 association;
            m.    A representative of the North Dakota association of counties;
            n.   A representative of the North Dakota league of cities; and
          m.o.   The North Dakota chief information officer or a designee;
            p.   The executive director of the North Dakota Indian affairs commission or a
                 designee; and
            q.   One member of the North Dakota house of representatives and one member of
                 the North Dakota senate appointed by the legislative management.
     2.     The committee shall elect a chairman and vice chairman for terms of two years upon
            its initial meeting. The adjutant general shall call and convene the initial meeting.
     3.     The committee shall prepare recommendations regarding a statewide integrated radio
            system with due consideration for all stakeholders reliant upon a radio communication
            system.
     4.     The committee may adopt rules governing the connection or integration of public
            safety answering points to the state radio broadcasting system.
    SECTION 3. AMENDMENT. Section 37-17.3-03 of the North Dakota Century Code is
 amended and reenacted as follows:
    37-17.3-03. Political subdivisions may furnish receiving and transmitting sets for
 enforcement purposes - State cost-share.
     1.     Each county and organized city within the state may furnish to its law enforcement,
            firefighters, and emergency medical personnel the appropriate radio or radio systems
            that can access the state radio system. Each mobile radio that is programmed to
            access the state radio system must be registered with the division of state radio and
            assigned a unit number. A one-time fee of ten dollars for registering and assigning unit
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           numbers must be paid to the director on all newly added radios by the appropriate
           governmental entity. Agencies with registered radios must validate assigned unit
           numbers annually.
      2.   The information technology department may provide a state cost-share for each radio
           purchased under this section. The state cost-share for each radio is one thousand five
           hundred dollars unless the cost of the radio is less than one thousand five hundred
           dollars in which case the state cost-share is the cost of the radio.
      SECTION 4. AMENDMENT. Section 10 of chapter 247 of the 2017 Session Laws is
  amended and reenacted as follows:
               SECTION 10. EXPIRATION DATE. ThisSections 3, 6, 7, 8, and 9 of this Act isare
          effective through July 31, 2023, and after that date isare ineffective.
     SECTION 5. LEGISLATIVE MANAGEMENT STUDY - INTEROPERABLE STATEWIDE
 RADIO SYSTEM. During the 2019-20 interim, the legislative management shall consider
 studying consolidated emergency and interoperable public safety communications system
 governance and funding options. The legislative management shall report its findings and
 recommendations, together with any legislation required to implement the recommendations, to
 the sixty-seventh legislative assembly.
     SECTION 6. LINE OF CREDIT - APPROPRIATION. The Bank of North Dakota shall extend
 a line of credit not to exceed $80,000,000 at a rate of one and one-half percent over the three
 month London interbank offered rate, but may not exceed three percent, to the information
 technology department. The information technology department shall repay the line of credit
 from funds available in the statewide interoperable radio network fund or other funds, as
 appropriated by the legislative assembly. The information technology department may access
 the line of credit, as necessary, to provide funding as authorized by the legislative assembly for
 statewide interoperable radio network projects.
     SECTION 7. APPROPRIATION. There is appropriated out of any moneys in the strategic
 investment and improvements fund, not otherwise appropriated, the sum of $40,000,000, or so
 much of the sum as may be necessary, to the information technology department for the
 purpose of statewide interoperable radio network projects, for the biennium beginning July 1,
 2019, and ending June 30, 2021.
     SECTION 8. EMERGENCY. Section 6 of this Act is declared to be an emergency measure.
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Statutes affected: 
INTRODUCED: 37-17.3-02, 37-17.3-02.2, 37-17.3-03
FIRST ENGROSSMENT: 37-17.3-02, 37-17.3-02.2, 37-17.3-03
SECOND ENGROSSMENT: 37-17.3-02, 37-17.3-02.2, 37-17.3-03
Enrollment: 37-17.3-02, 37-17.3-02.2, 37-17.3-03