19.0209.01000 HOUSE BILL NO. 1021

Sixty-sixth

Legislative Assembly

of North Dakota

In Regular Session Commencing Thursday, January 3, 2019

Introduced by

HOUSE BILL NO. 1021

(Appropriations Committee)

AN ACT

1 A BILL for an Act to provide an appropriation for defraying the expenses of the information

2 technology

department; to amend and reenact sections 37-17.3-02.2 and 37-17.3-03 of the North Dakota

Century Code, relating to the membership of the statewide interoperability executive committee

and a state cost-share for radios purchased for the statewide interoperable radio network; to

to provide a legislative intent statement; to provide for a report to the legislative management; to

provide for a transfer; to provide an exemption; and to provide for a legislative management

study.

for transfers.

3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

4 SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds

5 as may

be necessary, are appropriated out of any moneys in the general fund in the state

6 treasury, not

otherwise appropriated, and from special funds derived from federal funds and

7 other income, to the

information technology department for the purpose of defraying the

8 expenses of the information

technology department, for the biennium beginning July 1, 2019,

9 and ending June 30, 2021, as follows:

Base Level Governor's Appropriation

10 Recommendation

12 Salaries and wages Base Level Adjustments or Appropriation

$59,359,772 $95,481,960 $59,359,772

13 Operating expenses $59,359,772 Enhancements $81,374,501

69,552,998 140,513,997 69,552,998

14 Capital assets 105,357,364

Center8,295,000 42,403,117 8,295,000

15 Centers for distance education 69,552,998 $22,014,729

9,079,116 0 9,079,116

16 Statewide longitudinal data system 8,295,000 35,804,366 4,253,117

4,310,561 4,416,545 4,310,561

17 Educational technology council 9,079,116 (4,041,883) 0

1,121,472 367,339 1,121,472

18 Edutech 4,310,561 (9,079,116)

9,752,767 9,585,564 9,752,767

19 K-12 wide area network 1,121,472 76,584 4,387,145

4,534,278 5,184,453 4,534,278

20 Geographic information system 9,752,767 (1,121,472)1,147,716 2,207,669 1,147,716

21 Health information technology office 5,315,509 4,896,415 5,315,509

22 Statewide interoperability radio network 13,700,000 13,700,000

Health information technology office 4,534,278 (106,994)

Statewide interoperable radio network 1,147,716 633,692 9,645,773

23 Total all funds 5,315,509 1,054,913 5,167,970

$186,169,189 $305,057,059 $186,169,189

24 Less estimated income (436,363) 2,202,629

165,636,855 280,374,307 165,636,855

Page No. 1 19.0209.01000

Sixty-sixth

Legislative Assembly

1 Total general fund 13,700,000 (1,370,000) 4,879,146

$20,532,334 $24,682,752 $20,532,334

2 Full-time equivalent positions $186,169,189 12,330,000

$43,428,456 $229,597,645

165,636,855 35,395,479 201,032,334

$20,532,334 $8,032,977 $28,565,311

57.70

344.30 402.00

459.50 344.30

3 SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO

SIXTY-SEVENTH LEGISLATIVE ASSEMBLY.. The following amounts reflect the one-time funding

4 items approved by the sixty-fifth legislative assembly for the 2017-19 biennium and the one-time

funding items included in the appropriation in section 1 of this Act:

5 One-Time Funding Description 2017-19 2019-21

Electronic payment processing system $375,000 $0

6 Electronic payment processing system

7 Health information network expansion 43,555,133 0

8 Statewide interoperable interoperability network loan 15,000,000 0

Cybersecurity

Statewide land parcel project 0 15,400,000

9 Total all funds 0 1,150,000

$58,930,133 $0

10 Less estimated income $58,930,133

11 Total general fund 58,930,133 $16,550,000

$0 5,150,000

$11,400,000

H. B. NO. 1021 - PAGE 2

The 2019-21 biennium one-time funding amounts are not a part of the entity's base budget for the

2021-23 biennium. The information technology department shall report to the appropriations

committees of the sixty-seventh legislative assembly on the use of this one-time funding for the

biennium beginning July 1, 2019, and ending June 30, 2021.

12 SECTION 3. EXCEPTION - LINE ITEM TRANSFERS. Notwithstanding section 54-16-04, the

director of the office of

13 management and budget shall make transfers of funds between line items in

section 1 of this

14 Act for the information technology department as may be requested by the chief

information

15 officer as determined necessary for the development and implementation of information

16 technology projects. The department shall notify the legislative council of any transfers made

17 pursuant

to this section.

SECTION 4. ESTIMATED INCOME - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND -

INFORMATION TECHNOLOGY INITIATIVES. The estimated income line item in section 1 of this Act

includes the sum of $5,150,000 from the strategic investment and improvements fund for information

technology initiatives, of which $4,000,000 is for cybersecurity operating expenses and $1,150,000 is

for a geographic information system statewide land parcel project.

SECTION 5. EXEMPTION. The sum of $43,555,133 of federal and other funds appropriated to the

information technology department for the development of the health information network and care

coordination project in chapter 46 of the 2017 Session Laws is not subject to the provisions of section

54-44.1-11. Any unexpended funds from this appropriation are available for the completion of the health

information network and care coordination project during the biennium beginning July 1, 2019, and

ending June 30, 2021.

SECTION 6. LEGISLATIVE MANAGEMENT STUDY - ACCESS TO LANDS.

1. During the 2019-20 interim, the legislative management shall study access to public and

private lands for hunting, trapping, fishing, and related issues, including trespass violations

and penalties, and provide recommendations regarding a land access database with the

capability of electronic posting. At the direction of the legislative management, before

August 1, 2020, the information technology department and game and fish department shall

establish a trial electronic posting and hunter access information system in up to three

counties. The information technology department and game and fish department may contract

with a third party to assist with the electronic posting and hunter access information system

development and operation. The legislative management shall report its findings and

recommendations, together with any legislation required to implement the recommendations,

to the sixty-seventh legislative assembly.

2. The legislative management shall appoint a committee for this study as follows:

a. The voting members of the committee, who must be appointed by the legislative

management, are:

(1) Two members representing agriculture landowners;

(2) Two members representing sportsmen organizations; and

(3) Five members of the legislative assembly, including:

(a) One member of the majority party in the house of representatives;

(b) One member of the minority party in the house of representatives;

(d) One member of the minority party in the senate; and

H. B. NO. 1021 - PAGE 3

(e) One member from either party in either chamber to serve as the committee

chairman.

b. The nonvoting members of the committee are:

(1) A representative of the North Dakota association of counties;

(2) The agriculture commissioner or the commissioner's designee;

(3) The director of the game and fish department or the director's designee;

(4) The chief information officer or the officer's designee; and

(5) A representative of the North Dakota state's attorneys' association.

3. A member of the committee who is not a state employee is entitled to reimbursement for

mileage and expenses as provided by law for state officers and employees, to be paid by the

legislative council. A state employee who is a member of the committee is entitled to receive

that employee's regular salary and is entitled to reimbursement for mileage and expenses to

be paid by the employing agency. A member of the committee who is a member of the

legislative assembly is entitled to receive per diem compensation at the rate provided under

section 54-35-10 for each day performing official duties of the committee. The legislative

council shall pay the per diem compensation and reimbursement for travel and expenses as

provided by law for any member of the committee who is a member of the legislative

assembly.

SECTION 7. LEGISLATIVE MANAGEMENT STUDY - INFORMATION TECHNOLOGY

UNIFICATION INITIATIVE. During the 2019-20 interim, the legislative management shall study the

information technology department's transition to the run-grow-transform model and the information

technology unification initiative. The study must include a review of changes in fees, services,

operations, processes, and systems. The legislative management shall reports its findings and

recommendations, together with any legislation required to implement the recommendations, to the

sixty-seventh legislative assembly.

SECTION 8. LEGISLATIVE INTENT - INFORMATION TECHNOLOGY UNIFICATION INITIATIVE -

REPORT TO SIXTY-SEVENTH LEGISLATIVE ASSEMBLY. It is the intent of the sixty-sixth legislative

assembly that the information technology department provide direction to the executive branch

agencies in the governor's cabinet not included in the information technology unification initiative pilot

project regarding information technology strategic planning and operations. It is further the intent of the

sixty-sixth legislative assembly that the sixty-seventh legislative assembly implement the findings and

recommendations resulting from the information technology unification initiative pilot project.

SECTION 9. INFORMATION TECHNOLOGY DEPARTMENT REVIEW - REPORT TO

LEGISLATIVE MANAGEMENT. During the 2019-20 interim, the information technology department

shall conduct a review of service rates charged to state agencies, including rate structure and agency

billing. The information technology department shall report the results of its review to the legislative

management by September 1, 2020.

SECTION 10. LEGISLATIVE MANAGEMENT STUDY - STATEWIDE INTEROPERABLE RADIO

NETWORK. During the 2019-20 interim, the legislative management shall study consolidated

emergency and interoperable public safety communications system governance and funding options.

The legislative management shall report its findings and recommendations, together with any legislation

required to implement the recommendations, to the sixty-seventh legislative assembly.

SECTION 11. AMENDMENT. Section 37-17.3-02.2 of the North Dakota Century Code is amended

and reenacted as follows:

H. B. NO. 1021 - PAGE 4

37-17.3-02.2. North Dakota statewide interoperability executive committee. (Effective through

July 31, 2023)

1. The statewide interoperability executive committee consists of:

a. The director of state radio or a designee;

b. The director of the division of homeland security 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;

n.p. The North Dakota Indian affairs commission executive director or a designee; and

o.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. The adjutant general shall call and convene the initial meeting.

3. The committee shall prepare recommendations regarding a statewide integratedinteroperable

radio systemnetwork with due consideration for all stakeholders reliant upon athe statewide

interoperable radio communication systemnetwork.

4. The committee may adopt rules governing the connection or integration of public safety

answering points to the statewide interoperable radio network.

North Dakota statewide interoperability executive committee. (Effective after July 31, 2023)

1. The statewide interoperability executive committee consists of:

a. The director of state radio or a designee;

b. The director of the division of homeland security or a designee;

H. B. NO. 1021 - PAGE 5

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; and

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 executive director of the North Dakota Indian affairs commission 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. The adjutant general shall call and convene the initial meeting.

3. The committee shall prepare recommendations regarding a statewide integratedinteroperable

radio systemnetwork with due consideration for all stakeholders reliant upon athe statewide

interoperable radio communication systemnetwork.

4. The committee may adopt rules governing the connection or integration of public safety

answering points to the statewide interoperable radio network.

SECTION 12. AMENDMENT. Section 37-17.3-03 of the North Dakota Century Code is amended

and reenacted as follows:

37-17.3-03. Political subdivisions may furnish receiving and transmitting sets for

enforcement purposes.

1. Each county and organized city within the state may furnish to its law enforcement,

firefighters, and emergency medical personnel the appropriate radio or radio systemspersonal

and vehicular radios that can access the statestatewide interoperable radio systemnetwork.

Each mobile radio that is programmed to access the statestatewide interoperable radio

systemnetwork must be registered with the division of state radio and assigned a unit number.

A one-time fee of ten dollars for registering and assigning unit numbers must be paid to the

director on all newly added radios by the appropriate governmental entityapproved by the

statewide interoperability executive committee. Agencies with registered radios must validate

H. B. NO. 1021 - PAGE 6

assigned unit numbers annuallyThe chief information officer shall establish a process to

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.

H. B. NO. 1021 - PAGE 7

____________________________ ____________________________

Speaker of the House President of the Senate

____________________________ ____________________________

Chief Clerk of the House Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-sixth Legislative

Assembly of North Dakota and is known on the records of that body as House Bill No. 1021.

House Vote: Yeas 85 Nays 7 Absent 2

Senate Vote: Yeas 46 Nays 0 Absent 1

____________________________

Chief Clerk of the House

Received by the Governor at ________M. on _____________________________________, 2019.

Approved at ________M. on __________________________________________________, 2019.

____________________________

Governor

Filed in this office this ___________day of _______________________________________, 2019,

at ________ o'clock ________M.

____________________________

Secretary of State

Page No. 2 19.0209.01000