UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A MONTANA PUBLIC SAFETY COMMUNICATIONS SYSTEM; PROVIDING FOR THE ENTITIES THAT ARE ELIGIBLE FOR PARTICIPATION; GRANTING THE DEPARTMENT OF ADMINISTRATION AUTHORITY TO IMPLEMENT THE SYSTEM; REQUIRING FEDERAL COMMITMENT TO THE SYSTEM AS A CONDITION FOR CREATION OF THE SYSTEM; PROVIDING CONTINGENT APPROPRIATIONS FOR THE SYSTEM; AND PROVIDING AN EFFECTIVE DATE AND A CONTINGENT TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 11] may be cited as the "Montana Public Safety Communications Act".
NEW SECTION. Section 2. Definitions. Unless the context requires otherwise, in [sections 1 through 11], the following definitions apply:
(1) "Department" means the department of administration provided for in 2-15-1001.
(2) "Local agency" means a city, town, municipal corporation, county, special district, agency, port district or authority, airport authority, political subdivision of any type, or any other entity or authority of local government, in corporate or other form.
(3) "Private public safety entity" means any non-governmental, private organization that provides essential public safety services, either directly to the public or in support of governmental public safety agencies that are eligible to participate in the system as specified in [section 4].
(4) "Special district" means a unit of local government, other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, including but not limited to water districts, irrigation districts, fire districts, school districts, community college districts, hospital districts, sewer districts, and transportation districts.
(5) "State agency" means any entity of the legislative, executive, or judicial branches of the state.
(6) "System" means the Montana public safety communications system provided for in [section 3].
NEW SECTION. Section 3. Establishment of system -- duty to provide services. (1) There is a system to be known as the Montana public safety communications system. The purpose of the system is to allow qualifying entities, as provided in [section 4], to receive public safety communications services.
(2) The system shall provide public safety communications services to any federal, state, or local agency, special district, or private public safety entity that requests services, unless the agency, special district, or private public safety entity is determined not to meet the requirements of [sections 1 through 11] or rules adopted for the system.
(3) The system must be managed and operated by the department.
(4) If an advisory council is created, for purposes of [sections 1 through 11], pursuant to 2-15-122, the council shall provide advice to the department regarding policies that affect the system.
NEW SECTION. Section 4. Qualifying entities. Organizations eligible to participate in the system include:
(1) state agencies;
(2) local agencies;
(3) special districts;
(4) federal agencies operating in the state; and
(5) private public safety entities.
NEW SECTION. Section 5. State participation. State agencies providing public safety services that require the use of public safety radio communications shall use the system for their public safety communications needs.
NEW SECTION. Section 6. Local participation. Local agencies and special districts may participate in the system under uniform interlocal agreements entered into with the department. [Sections 1 through 11] may not be construed to require local agencies or special districts to participate in the system. However, the system shall develop its plans, processes, maintenance arrangements, and rates to provide for participation by local agencies and special districts. The system shall provide services to local agencies and special districts as provided for in the uniform interlocal agreements.
NEW SECTION. Section 7. Federal participation. Federal agencies may participate in the system under uniform agreements entered into with the department. The system shall develop its plans, processes, maintenance arrangements, and rates to provide for federal agency participation. The system shall provide services to federal agencies as described in the uniform agreements.
NEW SECTION. Section 8. Private public safety entity participation. Private public safety entities may participate in the system under uniform agreements entered into with the department. [Sections 1 through 11] may not be construed to require private public safety entities to participate in the system. However, the system shall develop its plans, processes, maintenance arrangements, and rates to provide for private public safety entity participation. The system shall provide services to private public safety entities as described in the uniform agreements. The department shall charge private public safety entities for services provided by the system, using the rates and other charges provided for in [section 9].
NEW SECTION. Section 9. Establishment of rates and charges. The department may establish rates and other charges to be charged by the system for services provided by the system to participants. The rates must be established by rule and must be sufficient to meet the reasonable expenses of operating the system.
NEW SECTION. Section 10. Internal service fund. There is a public safety communications internal service fund. All costs of administering the system must be paid from the fund. The department shall collect and deposit to the credit of the fund all money collected in connection with the construction and operation of the system.
NEW SECTION. Section 11. Rulemaking authority. The department may adopt rules that establish rates and provide standards to ensure the reliability and efficiency of the system.
NEW SECTION. Section 12. Federal commitment -- appropriations. (1) Federal commitments of at least $65 million for the capital costs of the Montana public safety communications system must be secured as a condition of proceeding with the construction of the system. The departments listed in subsection (2) may not expend any part of the appropriations provided in subsection (2) until the federal commitment is received.
(2) Subject to the participation described in subsection (1), there is appropriated the following amounts to state agencies:
(a) to the department of transportation from the state special revenue account:
(i) $70,984 for fiscal year 2000; and
(ii) $205,080 for fiscal year 2001;
(b) to the department of justice from the state special revenue account:
(i) $20,180 for fiscal year 2000; and
(ii) $58,302 for fiscal year 2001;
(c) to the department of natural resources and conservation from the state special revenue account:
(i) $10,202 for fiscal year 2000; and
(ii) $29,474 for fiscal year 2001; and
(d) to the department of administration from the general fund:
(i) $101,365 for fiscal year 2000; and
(ii) $292,856 for fiscal year 2001.
NEW SECTION. Section 13. Codification instruction. [Sections 1 through 11] are intended to be codified as an integral part of Title 2, chapter 17, and the provisions of Title 2, chapter 17, apply to [sections 1 through 11].
NEW SECTION. Section 14. Effective date. [This act] is effective July 1, 1999.
NEW SECTION. Section 15. Contingent termination. [This act] terminates July 1, 2001, if the federal commitment provided for in [section 12] is not received prior to July 1, 2001.
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Latest Version of LC 134 (LC0134.01)
Processed for the Web on December 30, 1998 (3:03PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
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