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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
]]]] 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
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