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HB 1292 integrate state telecommunications, to...

State of South Dakota  
SEVENTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY,  1999
 

176C0870  
SENATE ENGROSSED   NO. HB1292   -   3/3/99  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsors.
        Introduced by: Representative Eccarius  

         FOR AN ACT ENTITLED, An Act to  integrate state telecommunications, to reconstitute and continue the 911 task force, to regulate the forming of new public safety answering points, and to provide for state contracting of certain emergency communication services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 1-13 be amended by adding thereto a NEW SECTION to read as follows:
     The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Office of the Attorney General to the Bureau of Information and Telecommunications.
     Section  2.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:
     The State of South Dakota shall by July 1, 2001, integrate telecommunications functions and facilities of those state agencies, which currently operate their own systems, into one cohesive and integrated network. These agencies currently include State Radio Communications; the Bureau of Information and Telecommunications; the Division of Emergency Management in the Department of Military and Veterans Affairs; Public Broadcasting in the Bureau of Information

and Telecommunications; the Department of Game, Fish and Parks; the Department of Transportation; the Division of Forestry in the Department of Agriculture; and the Highway Patrol in the Department of Commerce and Regulation. The Bureau of Information and Telecommunications shall be responsible for development of a state agency integration plan by November 1, 1999.
     Section  3.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     The South Dakota 911 Coordinated Statewide System Task Force created pursuant to §  34- 45-18 is hereby continued and shall be expanded to include at least one representative from each of the following groups: the South Dakota Chapter of the Association of Public Safety Communication Officials, the South Dakota Chapter of National Emergency Numbers Association, the South Dakota Emergency Management Association, the South Dakota Emergency Medical Technicians Association, the South Dakota Firefighters Association, the South Dakota Association of County Commissioners, the South Dakota Municipal League, the South Dakota Police Chiefs Association, the South Dakota Sheriffs Association, and at least one member from an operating public safety answering point system. The task force shall conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points.
     Section  4.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:
     The task force shall develop a set of minimum technical, operational, and procedural standards for the operation and utilization of a public safety answering point.
     Section  5.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:
     Each public safety answering point shall obtain a full audit report on 911 traffic from its

telephone service provider and provide that information to the task force for use in the preparation of the standards. Each public safety answering point shall provide the audit report to the task force no later than August 2, 1999.
     Section  6.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     Beginning on the effective date of this Act, no new public safety answering points may be established, unless they include two or more local government entities. Nothing in this section prohibits an unserved area from contracting or joining with an existing public safety answering point.
     Section  7.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:
     The state may contract with any existing public safety answering point to provide emergency services pursuant to the joint powers provisions of chapter 1-24.
     Section  8.  That § 1-13-1 be amended to read as follows:
     1-13-1.   The attorney general is authorized and empowered to Bureau of Information and Telecommunications may purchase the necessary apparatus and equipment to construct or establish a radio broadcasting station at the state capitol at Pierre, South Dakota, which broadcasting station shall be used solely for the transmission of state business and information. The attorney general is further authorized and empowered to bureau may also purchase low wave radio receiving sets in such quantities as may be most economical and to equip with low wave radio receiving sets all state-owned cars used by the agents in his department, such road maintainers as he shall determine advisable, the state penitentiary and such other places as may furnish to facilitate the speedy transmission of messages and state information.
     The attorney general bureau is charged with the operation and maintenance of said radio the broadcasting station.
     Section  9.  That § 1-13-2 be amended to read as follows:
     1-13-2.   The attorney general is hereby authorized and empowered to Bureau of Information and Telecommunications may locate, construct, establish, equip and maintain such towers, repeater stations and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease or condemnation all necessary sites and locations in order to install, establish , and operate a state radio communications system as provided by this chapter.
     Section  10.  That § 1-13-3 be amended to read as follows:
     1-13-3.   The attorney general is authorized to Bureau of Information and Telecommunications may employ such radio operators and assistants and such radio equipment as he may deem necessary to carry out the provisions of this chapter. The costs of maintaining and the operation of a state radio communications system and all short wave length radio receiving sets owned or operated by the department of the attorney general bureau shall be paid out of the appropriation for this division of such department bureau .
     Section  11.  That § 1-13-5 be amended to read as follows:
     1-13-5.   The attorney general is authorized and empowered to Bureau of Information and Telecommunications may apply for, accept and expend on behalf of the state radio communications system any appropriations, grants, matching funds , or moneys allotted to the state of South Dakota by the federal government pursuant to any act of Congress of the United States. The funds so received by the state of South Dakota shall be administered and expended under the supervision of the attorney general bureau to purchase the necessary apparatus and equipment for new construction and equipment improvements in the state radio communications system. Such funds shall be deposited in the state treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the attorney general commissioner of the bureau .
     Section  12.  That § 1-13-6 be amended to read as follows:
     1-13-6.   Each county within the state shall furnish to its sheriff and deputy sheriff a short

wave length radio

receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, whether publicly or privately owned, shall be equipped with short wave length radio receiving sets at the expense of such municipality. The attorney general shall have the authority to Bureau of Information and Telecommunications may sell to any county, municipality short wave length radio receiving sets purchased by his department as hereinbefore provided the bureau , without any profit to the state or to his department the bureau and the funds received from such sale shall be credited by the state treasurer to the department of the attorney general bureau .
     Section  13.  That § 1-13-7 be amended to read as follows:
     1-13-7.   Every sheriff, deputy sheriff, police officer, or other person securing a short wave length radio receiving set under the provisions hereof of this chapter , shall make a report to the attorney general Bureau of Information and Telecommunications at such times and containing such information as said attorney general the bureau shall by regulation require require by rules promulgated pursuant to chapter 1-26 .
     Section  14.  That § 1-13-8 be amended to read as follows:
     1-13-8.   It shall be the duty of the attorney general to The Bureau of Information and Telecommunications shall broadcast all police dispatches and reports submitted, which in his opinion shall have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. He The bureau shall also broadcast any other statement or report upon request of any constitutional officer, or the head of any state department, providing such message relates to state business.
BILL HISTORY
2/1/99 First read in House and referred to committee assignment waived.   H.J.   286
2/2/99 Referred to State Affairs.   H.J.   318
2/16/99 Scheduled for Committee hearing on this date.
2/16/99 State Affairs Do Pass Amended, Passed, AYES 13, NAYS 0.   H.J.   559
2/19/99 House of Representatives Placed on Calendar.   H.J.   645
2/22/99 House of Representatives Do Pass Amended, Failed, AYES 33, NAYS 35.   H.J.   678
2/22/99 Intent to reconsider.   H.J.   678
2/22/99 House of Representatives Reconsidered, AYES 43, NAYS 27.   H.J.   682
2/22/99 House of Representatives Do Pass Amended, Passed, AYES 42, NAYS 28.   H.J.   683
2/23/99 First read in Senate and referred to State Affairs.   S.J.   645
2/26/99 Scheduled for Committee hearing on this date.
2/26/99 State Affairs Deferred to 41st legislative day, AYES 8, NAYS 1.   S.J.   710
3/1/99 State Affairs Reconsidered, AYES 6, NAYS 1.
3/1/99 State Affairs Do Pass Amended, Passed, AYES 6, NAYS 1.   S.J.   715
3/3/99 Motion to Amend, Passed.
3/3/99 Senate Do Pass Amended, Passed, AYES 26, NAYS 9.
3/3/99 Senate Title Amended Passed.