37-17.3 State Radio Broadcasting System
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<![CDATA[CHAPTER 37-17.3STATE RADIO BROADCASTING SYSTEM37-17.3-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Director" means the director of the division of state radio.2."Division" means the division of state radio of the department of emergency<br>services.3."Mobile radio" means a radio capable of transmitting eleven watts or greater.4."System" means the state radio broadcasting system consisting of the state radio<br>network and North Dakota telecommunications system that may be employed to<br>enhance interoperable communications that promotes officer and citizen safety.37-17.3-02.State radio broadcasting system.The director may purchase thenecessary apparatus and equipment to construct or establish a radio broadcasting system for<br>this state that enables seamless interoperable communications from local, state, and federal<br>levels. The director is charged with the operation and maintenance of the system.37-17.3-03. Political subdivisions may furnish receiving and transmitting sets forenforcement purposes. Each county and organized city within the state may furnish to its law<br>enforcement, firefighters, and emergency medical personnel the appropriate radio or radio<br>systems that can access the state radio system.Each mobile radio that is programmed toaccess the state radio system must be registered with the division of state radio and assigned a<br>unit number. A one-time fee of ten dollars for registering and assigning unit numbers must be<br>paid to the director on all newly added radios by the appropriate governmental entity. Agencies<br>with registered radios must validate assigned unit numbers annually.37-17.3-04. Broadcasting dispatches - Reports required. The director shall broadcastall dispatches and reports submitted which have a reasonable relation to or connection with the<br>apprehension of criminals, the prevention of crimes, or the maintenance of peace and order in<br>the state, including disaster emergency services.37-17.3-05. Emergency service for certain messages. Every telephone company andcompany providing communications equipment operating within this state shall provide<br>emergency service to all messages or calls directed to any station of the system.37-17.3-06.Official use of radio equipment on private automobiles prohibitedwithout permit. No person may equip or use in a privately-owned automobile or any other<br>motor vehicle a mobile two-way radio equipped for transmitting and receiving on any frequency<br>authorized for first responder use in the state of North Dakota without first applying for and<br>securing a permit from the director. This section does not apply to the use of a two-way citizens'<br>band radio, a two-way business radio, or a two-way amateur radio in an automobile or any other<br>motor vehicle.37-17.3-07.Maintenance of radio system - Personnel, equipment, and expense.The director may employ such radio operators and assistants and such radio equipment as the<br>director may deem necessary to carry out the provisions of this chapter and shall fix the<br>compensation of such personnel. The cost of maintenance and operation of the system and all<br>shortwave length radio receiving and transmitting sets owned or operated by the state must be<br>paid out of the appropriation for this purpose.37-17.3-08. State radio system and service fees.The director shall establish theappropriate fees for access to the state radio system and the service provided to local<br>government users of the mobile data terminal system and North Dakota law enforcement<br>telecommunications systems and other such systems that may be employed that enhance publicPage No. 1safety. Changes to fees charged by the division, including schedule of charges for counties and<br>cities, will take effect on July first. The director shall announce any fee increases a minimum of<br>one year prior to the effective date. When the director considers an adjustment, as a part of the<br>process the director shall consult with representatives of state and local units of government prior<br>to setting fees. The director may consider economic conditions and the general economy when<br>setting fees. The director shall deposit all revenue obtained under this chapter with the state<br>treasurer for deposit in the state radio broadcasting system operating account. The state radio<br>broadcasting system operating account must be expended pursuant to legislative appropriation<br>for the operation and maintenance of the system. Fee structures will include:1.Mobile data terminal fees. The division shall establish and charge fees to provide<br>mobile data terminal service to interested local law enforcement agencies. The fees<br>must be based on actual costs incurred by the division for providing the service and<br>will be levied on a per system user basis. State general fund agencies that access<br>the system will not incur any fees for the service.2.Each county and city law enforcement department that accesses the North Dakota<br>teletype system shall pay a fee based upon fifty percent of the actual costs incurred<br>by the division for providing the service. Fees will be levied on a per terminal basis.<br>Other law enforcement affiliated organizations and federal agencies will pay one<br>hundred percent of the actual costs incurred by the division for providing the service.<br>Fees will be levied on a per terminal basis. State general fund agencies that access<br>the system will not incur any fees for the service. City and county law enforcement<br>fees will be based on the following schedule of charges per terminal:a.County population of less than five thousand shall pay thirty dollars per month.b.County population of five thousand or more but less than ten thousand shall<br>pay sixty dollars per month.c.County population of ten thousand or more but less than fifteen thousand shall<br>pay ninety dollars per month.d.County population of fifteen thousand or more but less than twenty-five<br>thousand shall pay one hundred twenty dollars per month.e.County population of twenty-five thousand or more shall pay one hundred sixty<br>dollars per month.37-17.3-09.Public safety answering point service and fees.The division mayprovide 911 services to a political subdivision with a population of fewer than twenty thousand<br>and shall charge the apportioned amount consistent with the actual costs of providing the service<br>per telephone access line and wireless access line for 911 services provided to political<br>subdivisions. The fee for 911 wireless services must be charged to and paid by the political<br>subdivision receiving services from the division under this section from and after the date of the<br>agreement entered into by the political subdivision or its designee under section 57-40.6-05,<br>whether the date of that agreement is before or after April 4, 2003.Each county currentlyreceiving 911 services from the division shall abide by the standards established by law.37-17.3-10. Lost or missing individuals. The division shall:1.Establish and maintain a statewide file system for the purpose of effecting an<br>immediate law enforcement response to reports of lost or missing individuals.2.Implement a data exchange system to compile, maintain, and make available for<br>dissemination to North Dakota and to out-of-state law enforcement agencies<br>descriptive information to assist appropriate agencies in recovering lost or missing<br>individuals.Page No. 23.Establish contacts and exchange information regarding lost or missing individuals<br>with the national crime information center.4.Notify each enforcement agency that a report of lost or missing individuals must be<br>entered as soon as the minimum level of data specified by the division is available to<br>the reporting agency and that no waiting period for entry of that data exists. If the<br>enforcement agency is unable to enter the data, the division shall enter the<br>information into the national crime information center file immediately upon<br>notification.5.Compile and retain information regarding lost or missing individuals in a separate<br>file, in a manner that allows the information to be used by law enforcement and other<br>agencies considered appropriate for investigative purposes by the division.Theenforcement agency is responsible for maintaining the disposition of the case and<br>periodically shall review the case with the reporting party and the division to ensure<br>all available information is included and to determine the current status of the case.<br>As used in this subsection, "individual" means an individual who is eighteen years of<br>age or older.6.Provide prompt confirmation of the receipt and entry of the lost or missing individuals<br>report into the file system to the enforcement agency providing the report or to the<br>parent, guardian, or identified family member as provided in subsection 7.7.If any parent, guardian, or identified family member is unable to receive services<br>from the local law enforcement agency, allow the parent, guardian, or identified<br>family member to submit a lost or missing individuals report to the division which<br>must be included in the division file system and transmitted to the national crime<br>information center.8.Compile and maintain a historical data repository relating to lost or missing<br>individuals for the following purposes:a.To develop and improve techniques utilized by law enforcement agencies when<br>responding to reports of lost or missing individuals; andb.To provide a factual and statistical base for research that addresses the<br>problem of lost or missing individuals.Page No. 3Document Outlinechapter 37-17.3 state radio broadcasting system]]>