2007 Legislation
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HOUSE BILL NO. 305 – Emergency Communicatn/military div

HOUSE BILL NO. 305

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Bill Status



H0305......................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS - Amends existing law to transfer functions
relating to emergency communications and equipment from the Department of
Administration to the Military Division.

03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 69-0-1
      AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Andrus
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to St Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - McKenzie
    Title apvd - to House
03/23    To enrol - Rpt enrol - Sp signed - Pres signed
03/26    To Governor
03/30    Governor signed
         Session Law Chapter 292
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 305
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE MILITARY DIVISION AND THE DEPARTMENT OF ADMINISTRATION; AMEND-
  3        ING SECTION 31-4815, IDAHO CODE, TO PROVIDE FOR THE CREATION OF THE  IDAHO
  4        EMERGENCY  COMMUNICATIONS  COMMISSION  IN  THE MILITARY DIVISION; AMENDING
  5        SECTION 46-1203, IDAHO CODE, TO DELETE  REFERENCE  TO  THE  DEPARTMENT  OF
  6        ADMINISTRATION  AND  TO  PROVIDE DUTIES OF THE MILITARY DIVISION; AMENDING
  7        SECTION 46-1204, IDAHO CODE, TO DELETE  REFERENCE  TO  THE  DEPARTMENT  OF
  8        ADMINISTRATION  AND   TO PROVIDE DUTIES OF THE MILITARY DIVISION; AMENDING
  9        SECTION 67-5747, IDAHO CODE, TO PROVIDE DUTIES OF  THE  MILITARY  DIVISION
 10        FOR ACQUISITION AND INSTALLATION OF CERTAIN EQUIPMENT.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section 31-4815, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        31-4815.  CREATION OF IDAHO EMERGENCY COMMUNICATIONS COMMISSION --  TERMS.
 15    (1) There is hereby created in the department of administration military divi-
 16    sion  an Idaho emergency communications commission (hereinafter referred to as
 17    "the commission") for the purpose of  assisting  cities,  counties,  ambulance
 18    districts  and fire districts in the establishment, management, operations and
 19    accountability of consolidated emergency communications systems. Notwithstand-
 20    ing any other provision of law to the contrary,  the  commission  shall,  upon
 21    being  constituted, exercise its powers and duties in accordance with the pro-
 22    visions of this section relative to consolidated emergency  communications  in
 23    this state established by enactment of the legislature or by private act.
 24        (2)  The  commission  shall  be  composed of thirteen (13) voting members,
 25    with eleven (11) appointed by the governor as follows: one (1)  member  repre-
 26    senting the association of Idaho cities, one (1) member representing the Idaho
 27    association of counties, one (1) member representing the Idaho sheriffs' asso-
 28    ciation,  one  (1) member representing the Idaho chiefs of police association,
 29    one (1) member representing the Idaho fire chiefs association, one (1)  member
 30    representing  the Idaho prosecuting attorneys association, one (1) member rep-
 31    resenting the Idaho state emergency medical  services  communications  center,
 32    one  (1) member representing the Idaho emergency medical services association,
 33    one (1) member representing the public at large and two (2) members represent-
 34    ing private industry service providers, one (1) from the wireless industry and
 35    one (1) from the traditional phone service industry. The commission shall also
 36    include the director of the Idaho state police or a designated  representative
 37    and  the  adjutant general or a designated representative. One (1) representa-
 38    tive of the attorney general shall serve as a nonvoting ex officio member.
 39        (3)  Except as provided in this  subsection,  members  of  the  commission
 40    shall  be  appointed for a term of four (4) years. The following five (5) mem-
 41    bers shall be appointed to an initial term of two (2) years: the member repre-
 42    senting the Idaho fire chiefs association, the member representing  the  Idaho
 43    state  emergency medical services communications center, the member represent-
                                                                        
                                       2
                                                                        
  1    ing the Idaho emergency medical services association, the member  representing
  2    the wireless industry, and one (1) member representing the public. The remain-
  3    ing  six  (6) members appointed by the governor shall be appointed for an ini-
  4    tial term of four (4) years. Thereafter, all terms shall be for  a  period  of
  5    four (4) years.
  6        (4)  The  commission  shall elect a chair and such officers as it may deem
  7    necessary  and appropriate. The commission shall meet at least annually and at
  8    the call of the chair. Members of the commission shall be compensated as  pro-
  9    vided  in  section  59-509(b), Idaho Code. Compensation shall be paid from the
 10    emergency communications fund created in section 31-4818, Idaho Code.
                                                                        
 11        SECTION 2.  That Section 46-1203, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        46-1203.  PURPOSE.    The  council  will  serve  as  the governing body in
 14    affairs of public safety wireless radio interoperable communications for local
 15    and private entities and coordinate with the Idaho department  of  administra-
 16    tion,  which is responsible for state agency planning, to meet short-range and
 17    long-range telecommunications needs as authorized in  chapter  57,  title  67,
 18    Idaho Code military division. The council will promote interagency cooperation
 19    and  provide  support  statewide  for efficient and effective use of local and
 20    private resources to achieve public safety wireless radio interoperable commu-
 21    nications for local and private public safety agencies.
                                                                        
 22        SECTION 3.  That Section 46-1204, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        46-1204.  COUNCIL  RESPONSIBILITIES.   The responsibilities of the council
 25    are to:
 26        (1)  Develop a statewide plan for local and private public safety wireless
 27    radio interoperable communications in coordination and  cooperation  with  the
 28    Idaho department of administration military division;
 29        (2)  Develop and adopt standards for local and private public safety wire-
 30    less  radio  interoperable communications in coordination and cooperation with
 31    the Idaho department of administration military division;
 32        (3)  Recommend guidelines and standards for operation for local  and  pri-
 33    vate  public  safety  wireless  radio  interoperable communications systems in
 34    Idaho in coordination and cooperation with the Idaho department of administra-
 35    tion military division;
 36        (4)  Promote coordination and cooperation among local, state, federal  and
 37    tribal  public  safety agencies in addressing statewide public safety wireless
 38    radio interoperable communications needs in Idaho;
 39        (5)  Review  priorities  for  statewide  public  safety   wireless   radio
 40    interoperable communications needs and assist users of the statewide system in
 41    the development of projects, plans, policies, standards, priorities and guide-
 42    lines for public safety wireless radio interoperable communications in coordi-
 43    nation  and  cooperation  with the Idaho department of administration military
 44    division;
 45        (6)  Develop funding recommendations for short-term and  long-term  system
 46    maintenance;
 47        (7)  Research best practices of other states;
 48        (8)  Prepare  and  present a report to the information technology resource
 49    management council by December 30 of each year describing the  council's  acts
 50    and achievements of the previous year;
 51        (9)  Provide  recommendations  to  the governor and the legislature of the
                                                                        
                                       3
                                                                        
  1    state of Idaho, when appropriate, concerning issues related to local and  pri-
  2    vate  statewide  public  safety wireless radio interoperable communications in
  3    Idaho and in accordance with homeland security presidential directives;
  4        (10) Report annually to the legislature of  the  state  of  Idaho  on  the
  5    planned  expenditures  for  the  next  fiscal year, the collected revenues and
  6    moneys disbursed from the Idaho statewide interoperability communications fund
  7    and programs or projects in progress, completed or anticipated;
  8        (11) Serve as a conduit for the future allocation of federal  grant  funds
  9    to support the delivery of public safety wireless radio interoperable communi-
 10    cations systems directed towards local government and private entities;
 11        (12) Enter into contracts with experts and/or consultants as may be neces-
 12    sary to carry out the purposes of this chapter and to sue and be sued; and
 13        (13) Work  in coordination and cooperation with the Idaho emergency commu-
 14    nications commission established by  section  31-4815,  Idaho  Code,  and  the
 15    information  technology  resource  management  council, established by section
 16    67-5745B, Idaho Code.
                                                                        
 17        SECTION 4.  That Section 67-5747, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        67-5747.  POWERS  AND  DUTIES.  (1)  The  department  of administration is
 20    hereby authorized and directed:
 21        (a)  (i)   To control and approve the acquisition and installation of  all
 22             communications  equipment  and  facilities  for  all  departments and
 23             institutions of state government, except as provided in subparagraphs
 24             (ii), and (iii) and (iv) of this subsection;
 25             (ii)  To coordinate the acquisition and installation of all  communi-
 26             cations  equipment and facilities for the institutions of higher edu-
 27             cation and the elected officers in the executive department;
 28             (iii) To coordinate the acquisition and installation of all  communi-
 29             cations  equipment  and  facilities  for the legislative and judicial
 30             departments;
 31             (iv)  Provided however, that the acquisition and installation of  all
 32             public  safety  and microwave equipment shall be under the control of
 33             the military division.
 34        In approving or coordinating the acquisition or installation of communica-
 35        tions equipment or facilities, the department shall first consult with and
 36        consider the recommendations and advice  of  the  directors  or  executive
 37        heads  of  the  various  departments  or  institutions. Any acquisition or
 38        installation of any communications equipment or facilities  that  is  con-
 39        trary  to  the  department's recommendation, or is not in harmony with the
 40        state's overall plan for communications and information sharing, shall  be
 41        reported in writing to the governor and the legislature.
 42        (b)  To  receive  and hold, upon order of the board of examiners, physical
 43        custody and control of such existing communications equipment and  facili-
 44        ties utilized by or in the possession of any department or institution, as
 45        may be necessary to carry out the purposes of this chapter.
 46        (c)  To  provide a system of communications for all departments and insti-
 47        tutions of state government. The department may prescribe  adequate  rules
 48        for  the  use of any communications equipment and facilities now in use or
 49        hereafter made available. Funds received pursuant to this subsection shall
 50        be appropriated for payment of communication and telephone charges  incur-
 51        red by the various agencies and institutions of state government.
 52        (d)  To  provide  a  means whereby political subdivisions of the state may
 53        utilize the state communications system, upon such terms  and  under  such
                                                                        
                                       4
                                                                        
  1        conditions as the department may establish.
  2        (e)  To accept federal funds granted by congress or by executive order for
  3        all or any of the purposes of this chapter, as well as gifts and donations
  4        from individuals and private organizations or foundations.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 17167
                                
This legislation transfers the microwave services/public safety
communications function of the Department of Administration to the
Idaho Military Division. This move will provide enhanced services and
coordination for emergency operations and logistics that are already
being developed through federal channels with the Idaho Military.  

This does not eliminate current functions, but rather changes where
they are located organizationally and the means by which oversight of
the function is provided.  Communication and related support for first
responders and state and local government response in times of
disaster will be improved.



                          FISCAL NOTE
                                
Spending authority and funding sources will require adjustment from
the Department of Administration budget to the Idaho Military budget. 
No other changes in funding amount or source are anticipated.







CONTACT
Name:     Bob Wells
Agency:   Office of the Governor
Phone:    334-2100


STATEMENT OF PURPOSE/FISCAL NOTE                              H 305