2016 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.
37-17.3-02.1. Legislative declaration - Statewide integrated radio communication
system service.
The legislative assembly finds that effective radio communication is vital to public safety and
effective emergency response and law enforcement and declares that a statewide integrated
radio communication system will more effectively serve the goals of law enforcement and
emergency response personnel and thereby better serve the people of North Dakota. Existing
radio systems operated by local jurisdictions serve those jurisdictions adequately, but do not
provide the protection and benefits to the citizens of North Dakota that new digital networks
being utilized in neighboring states offer.
37-17.3-02.2. North Dakota statewide interoperability executive committee.
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;
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; and
m. The North Dakota chief information officer or a designee.
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.
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
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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.
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
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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 primary public safety answering point services to a political
subdivision that has a population of fewer than twenty-five thousand at the time an agreement is
signed for services with the division. The division shall charge the apportioned amount
consistent with the actual costs of providing the primary service per telephone access line and
wireless access line. The fee for primary public safety answering point 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. The division may provide primary public safety answering
point services and other public safety answering point related services during emergencies and
other times of need as agreed in a mutual aid agreement. Charges for services must be
specified in the mutual aid agreement. Each political subdivision currently receiving primary
public safety answering point 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
descriptive information to assist appropriate agencies in recovering lost or missing
individuals.
3. Establish contacts and exchange information regarding lost or missing individuals with
the national crime information center.
4. 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.
5. 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.
6. 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.
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7.
8.
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.
37-17.3-11. Statewide seamless base map fees - Continuing appropriation.
The statewide seamless base map is an open record. The data collected by the director
which produces the statewide seamless base map is exempt from section 44-04-18 and may be
accessed solely through a subscription service established by the director. The director shall
establish the appropriate fees for access to the statewide seamless base map subscription
service. Changes to fees charged by the division, including schedule of charges, must take
effect on July first. The director shall announce any fee increases a minimum of one year before
the effective date. All fees collected through the subscription service must be deposited in the
statewide seamless base map fund. Any moneys deposited in the statewide seamless base
map fund are appropriated on a continuing basis to the division for the purpose of paying
maintenance and distribution costs related to the statewide seamless base map.
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