# Title 37 — Military

## 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 the state emergency communications
center.
2. "Division" means the division of the state emergency communications center 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. Statewide interoperable radio network.

The chief information officer of the information technology department may purchase the
necessary apparatus and equipment to construct or establish a statewide interoperable radio
network for this state which enables seamless interoperable communications from local, state,
and federal levels. However, the chief information officer may not use state funds including
resources from the statewide interoperable radio network fund for dispatch consoles,
connectivity, and associated necessary software, equipment, or services to support a public
safety answering point unless these items are intended for use by a state agency or state
department. The chief information officer is charged with the operation and maintenance of the
statewide interoperable radio network as directed by the statewide interoperability executive
committee.
### § 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 the state emergency communications center or a designee;
b. The director of the division of homeland security and emergency management 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;
m. A representative of the North Dakota association of counties;
n. A representative of the North Dakota league of cities;
o. The North Dakota chief information officer or a designee;
p. The North Dakota Indian affairs commission executive director or a designee;

q. One member of the North Dakota house of representatives and one member of
the North Dakota senate appointed by the legislative management;
r. The director of the game and fish department or a designee; and
s. The state health officer or a designee.
2. The committee shall elect a chairman and vice chairman for terms of two years upon
its initial meeting.
3. The committee shall prepare recommendations regarding a statewide interoperable
radio network with due consideration for all stakeholders reliant upon the statewide
interoperable radio network.
4. The committee may adopt rules governing the connection or integration of public
safety answering points to the statewide interoperable radio network and shall adopt
rules governing eligibility for access to the network.
### § 37-17.3-03. Receiving and transmitting sets - State cost-share.

1. Subject to the rules of the statewide interoperability executive committee, a political
subdivision within the state or a nongovernmental emergency services provider
operating within the state may furnish to its personnel the appropriate personal and
vehicular radios that can access the statewide interoperable radio network. Each radio
programmed to access the statewide interoperable radio network must be approved by
the statewide interoperability executive committee. The chief information officer shall
establish a process to register and audit users of the statewide interoperable radio
network.
2. The information technology department may provide a state cost-share for each radio
purchased under this section. The state cost-share for each radio is one thousand five
hundred dollars unless the cost of the radio is less than one thousand five hundred
dollars in which case the state cost-share is the cost of the radio.
### § 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 emergency communications center system and service fees.

1. The director shall establish the appropriate fees for access to the state emergency
communications center 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 emergency communications center broadcasting
system operating account. The state emergency communications center broadcasting
system operating account must be expended pursuant to legislative appropriation for
the operation and maintenance of the system.
2. Each county and city law enforcement department that accesses the North Dakota
teletype system shall pay a fee 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 are based on the following
schedule of charges per terminal per month:
a. Fifteen percent of the fee established by the director in a county with a population
of less than five thousand.
b. Thirty percent of the fee established by the director in a county with a population
of five thousand or more but less than ten thousand.
c. Forty-five percent of the fee established by the director in a county with a
population of ten thousand or more but less than fifteen thousand.
d. Sixty percent of the fee established by the director in a county with a population
of fifteen thousand or more but less than twenty-five thousand.
e. Seventy-four percent of the fee established by the director in a county with a
population of twenty-five thousand or more.
### § 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.
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.
8. 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.

Repealed by S.L. 2023, ch. 335, § 1.
### § 37-17.3-12. Statewide interoperable radio network fund.

1. A fund known as the statewide interoperable radio network fund must be maintained in
the state treasury. Subject to legislative approval and statewide interoperability
executive committee approval, moneys in the fund must be used for providing the
required state share of funding for expenses associated with the purchase, installation,
operation, and maintenance of a statewide interoperable radio network. The fund
consists of all moneys transferred into the fund, interest earned on moneys in the fund,
payments to the fund, and other fund earnings.
2. The chief information officer of the information technology department may apply for
and accept funds, grants, gifts, or services made available for the statewide
interoperable radio network by an agency or department of the federal government or
any other person. Any funds, grants, or gifts, or moneys received from services
received under this section must be deposited in the statewide interoperable radio
network fund.
3. Revenue received by a political subdivision in accordance with subsection 2 of section
interoperable radio network fund.
