2012 North Dakota Century Code Title 37 Military Chapter 37-17.3 State Radio Broadcasting System
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CHAPTER 37-17.3
STATE RADIO BROADCASTING SYSTEM
37-17.3-01. 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 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
network and North Dakota telecommunications system that may be employed to
enhance interoperable communications that promotes officer and citizen safety.
37-17.3-02. State radio broadcasting system.
The director may purchase the necessary apparatus and equipment to construct or
establish a radio broadcasting system for this state that enables seamless interoperable
communications from local, state, and federal 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 for
enforcement purposes.
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 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.
37-17.3-04. Broadcasting dispatches - Reports required.
The director shall broadcast all dispatches and reports submitted which have a reasonable
relation to or connection with the apprehension of criminals, the prevention of crimes, or the
maintenance of peace and order in the state, including disaster emergency services.
37-17.3-05. Emergency service for certain messages.
Every telephone company and company providing communications equipment operating
within this state shall provide 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 prohibited without
permit.
No person may equip or use in a privately-owned automobile or any other motor vehicle a
mobile two-way radio equipped for transmitting and receiving on any frequency authorized for
first responder use in the state of North Dakota without first applying for and securing a permit
from the director. This section does not apply to the use of a two-way citizens' band radio, a
two-way business radio, or a two-way amateur radio in an automobile or any other 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 director may deem necessary to carry out the provisions of this chapter and shall fix the
compensation of such personnel. The cost of maintenance and operation of the system and all
shortwave length radio receiving and transmitting sets owned or operated by the state must be
paid out of the appropriation for this purpose.
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37-17.3-08. State radio system and service fees.
1. The director shall establish the appropriate fees for access to the state radio system
and the service provided to local government users of the mobile data terminal system
and North Dakota law enforcement telecommunications systems and other such
systems that may be employed that enhance public safety. Changes to fees charged
by the division, including schedule of charges for counties and cities, will take effect on
July first. The director shall announce any fee increases a minimum of one year before
the effective date. When the director considers an adjustment, as a part of the process
the director shall consult with representatives of state and local units of government
before setting fees. The director may consider economic conditions and the general
economy when setting fees. The director shall deposit all revenue obtained under this
chapter with the state treasurer for deposit in the state radio broadcasting system
operating account. The state radio broadcasting system operating account must be
expended pursuant to legislative appropriation for the operation and maintenance of
the system.
2. The division shall establish and charge fees to provide mobile data terminal service to
interested local law enforcement agencies except for local law enforcement agencies
using private commercial access to the state message switch. The fees must be based
on actual costs incurred by the division for providing the service and will be levied on a
per system user basis. State general fund agencies that access the system will not
incur any fees for the service.
3. Each county and city law enforcement department that accesses the North Dakota
teletype system shall pay a fee based upon fifty percent of the actual costs incurred by
the division for providing the service. Fees will be levied on a per terminal basis. Other
law enforcement affiliated organizations and federal agencies will pay one hundred
percent of the actual costs incurred by the division for providing the service. Fees will
be levied on a per terminal basis. State general fund agencies that access the system
will not incur any fees for the service. City and county law enforcement fees will be
based on the following schedule of charges per terminal:
a. County population of less than five thousand shall pay forty dollars per month.
b. County population of five thousand or more but less than ten thousand shall pay
eighty dollars per month.
c. County population of ten thousand or more but less than fifteen thousand shall
pay one hundred twenty dollars per month.
d. County population of fifteen thousand or more but less than twenty-five thousand
shall pay one hundred sixty dollars per month.
e. County population of twenty-five thousand or more shall pay two hundred dollars
per month.
37-17.3-09. Public safety answering point service and fees.
The division may provide 911 services to a political subdivision with a population of fewer
than twenty thousand and shall charge the apportioned amount consistent with the actual costs
of providing the service per telephone access line and wireless access line for 911 services
provided to political subdivisions. The fee for 911 wireless services must be charged to and paid
by the political subdivision receiving services from the division under this section from and after
the date of the agreement entered into by the political subdivision or its designee under section
57-40.6-05, whether the date of that agreement is before or after April 4, 2003. Each county
currently receiving 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
immediate law enforcement response to reports of lost or missing individuals.
2. Implement a data exchange system to compile, maintain, and make available for
dissemination to North Dakota and to out-of-state law enforcement agencies
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descriptive information to assist appropriate agencies in recovering lost or missing
individuals.
Establish contacts and exchange information regarding lost or missing individuals with
the national crime information center.
Notify each enforcement agency that a report of lost or missing individuals must be
entered as soon as the minimum level of data specified by the division is available to
the reporting agency and that no waiting period for entry of that data exists. If the
enforcement agency is unable to enter the data, the division shall enter the information
into the national crime information center file immediately upon notification.
Compile and retain information regarding lost or missing individuals in a separate file,
in a manner that allows the information to be used by law enforcement and other
agencies considered appropriate for investigative purposes by the division. The
enforcement agency is responsible for maintaining the disposition of the case and
periodically shall review the case with the reporting party and the division to ensure all
available information is included and to determine the current status of the case. As
used in this subsection, "individual" means an individual who is eighteen years of age
or older.
Provide prompt confirmation of the receipt and entry of the lost or missing individuals
report into the file system to the enforcement agency providing the report or to the
parent, guardian, or identified family member as provided in subsection 7.
If any parent, guardian, or identified family member is unable to receive services from
the local law enforcement agency, allow the parent, guardian, or identified family
member to submit a lost or missing individuals report to the division which must be
included in the division file system and transmitted to the national crime information
center.
Compile and maintain a historical data repository relating to lost or missing individuals
for the following purposes:
a. To develop and improve techniques utilized by law enforcement agencies when
responding to reports of lost or missing individuals; and
b. To provide a factual and statistical base for research that addresses the problem
of lost or missing individuals.
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