19.0209.0500004000 FIRST ENGROSSMENT

Sixty-sixth with Conference CommitteeSenate Amendments

Legislative Assembly ENGROSSED HOUSE BILL NO. 1021

of North Dakota

Introduced by

Appropriations Committee

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

3 North Dakota Century Code, relating to the membership of the statewide interoperability

4 executive committee and a state cost-share for radios purchased for the statewide interoperable

5 radio network; to provide a legislative intent statement; to provide for a report to the legislative

6 management; to provide for a transfer; to provide an exemption;

3 and to provide for a legislative

7 management study.

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

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

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

117 treasury, not otherwise appropriated, and from special funds derived from federal funds and

128 other income, to the information technology department for the purpose of defraying the

9 expenses of the information technology department, for the biennium beginning July 1, 2019,

1410 and ending June 30, 2021, as follows:

1511 Adjustments or

1612 Base Level Enhancements Appropriation

17 Salaries and wages $59,359,772 $22,014,729 $81,374,501

1814 Operating expenses 69,552,998 35 33,804,366 105103,357,364

15 Capital assets 8,295,000 (4,041,883) 4,253,117

2016 Center for distance education 9,079,116 (9,079,116) 0

17 Statewide longitudinal data system 4,310,561 76,584 4,387,145

18 Educational technology council 1,121,472

(1,121,472) 0

2319 Edutech 9,752,767 (106,994) 9,645,773

20 K-12 wide area network 4,534,278 633,692 5,167,970

21 Geographic information system 1,147,716 1,054,913 2,202,629

22 Health information technology office 5,315,509 (436,363) 4,879,146

23 Statewide interoperable radio network 13,700,000 (1,370,000) 12,330,000

$41,428,456 $227,597,645

24 Total all funds $186,169,189

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1 Geographic information system 1,147,716 1,054,913 2,202,629

2 Health information technology office 5,315,509 (436,363) 4,879,146

3 Statewide interoperable radio network 13,700,000 (1,370,000) 12,330,000

4 Total all funds $186,169,189 $43,428,456 $229,597,645

51 Less estimated income 165,636,855 3533,395,479 201199,032,334

62 Total general fund $20,532,334 $8,032,977 $28,565,311

73 Full-time equivalent positions 344.30 57.70 402.00

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

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

106 funding items approved by the sixty-fifth legislative assembly for the 2017-19 biennium and the

117 one-time funding items included in the appropriation in section 1 of this Act:

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

139 Electronic payment processing system $375,000 $0

1410 Health information network expansion 43,555,133 0

1511 Statewide interoperable network loan 15,000,000 0

1612 Cybersecurity 0 15 11,400,000

1713 Legacy lift project 0 2,000,000

14 Statewide land parcel project 0 1,150,000

1815 Total all funds $58,930,133 $1614,550,000

1916 Less estimated income 58,930,133 5 3,150,000

2017 Total general fund $0 $11,400,000

2118 The 2019-21 biennium one-time funding amounts are not a part of the entity's base budget

2219 for the 2021-23 biennium. The information technology department shall report to the

2320 appropriations committees of the sixty-seventh legislative assembly on the use of this one-time

2421 funding for the biennium beginning July 1, 2019, and ending June 30, 2021.

2522 SECTION 3. EXCEPTION - LINE ITEM TRANSFERS. Notwithstanding section 54-16-04,

2623 the director of the office of management and budget shall make transfers of funds between line

2724 items in section 1 of this Act for the information technology department as may be requested by

2825 the chief information officer as determined necessary for the development and implementation

2926 of information technology projects. The department shall notify the legislative council of any

3027 transfers made pursuant to this section.

28 SECTION 4. ESTIMATED INCOME - STRATEGIC INVESTMENT AND IMPROVEMENTS

29 FUND - INFORMATION TECHNOLOGY PROJECTS. The estimated income line item in

30 section 1 of this Act includes the sum of $3,150,000 from the strategic investment and

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1 SECTION 4. ESTIMATED INCOME - STRATEGIC INVESTMENT AND IMPROVEMENTS

2 FUND - INFORMATION TECHNOLOGY INITIATIVES. The estimated income line item in

3 section 1 of this Act includes the sum of $5,150,000 from the strategic investment and

41 improvements fund for information technology initiativesprojects, of which $42,000,000 is for

5 cybersecurity operating expenses a legacy lift

2 project and $1,150,000 is for a geographic information system

6 statewide land parcel project.

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

84 appropriated to the information technology department for the development of the health

95 information network and care coordination project in chapter 46 of the 2017 Session Laws is not

106 subject to the provisions of section 54-44.1-11. Any unexpended funds from this appropriation

117 are available for the completion of the health information network and care coordination project

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

139 SECTION 6. LEGISLATIVE MANAGEMENT STUDY - DEVELOPMENT OF A LAND

10 ACCESS TO LANDS.

14 1DATABASE. During the 2019-20 interim, the legislative management shall consider

11 studystudying access to public

15 and private landsland for hunting, and trapping, fishing, and related issues, including trespass

16 violations and penalties, and provide recommendations regarding the development of a land access

12 database. If selected by the legislative management, the study must be conducted by a new

13 committee established by the legislative management to study access to public and private

14 17 lands for hunting, trapping, and related issues, including the development of a hunters access

15 database with the capability of for landowners to provide electronic posting. At the direction of the legislative

18 management, before August 1, 2020, the information technology departmentregarding the

16 availability of the landowner's property for hunters and

trappers

19 game and fish department shall establish a trial electronic posting and hunter access

20 information system in up to three counties. The information technology department

21 and game and fish department may contract with a third party to assist with the

22 electronic posting and hunter access information system development and operation.

23 The legislative management shall report its findings and recommendations, together

24 with any legislation required to implement the recommendations, to the sixty-seventh

25 legislative assembly.

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

27 a. The voting members of the

17 committee must consist of the following, who must be appointed by the legislative

28 management:

18 , are:

29 (1). Two members representing agriculture organizations;

19 landowners;

30 (2). Two members representing sportsmen organizations; and

31 (20 3). Five members of the legislative assembly, one of whom must be selected by the

21 committee as chairman of the committee, including:

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1 (22 a). One member of the majority party in the house of representatives;

2 (23 b). One member of the minority party in the house of representatives;

3 (24 c). One member of the majority party in the senate;

4 (25 d). One member of the minority party in the senate; and

5 (26 e). One member from either party in either chamber.

27 to serve as the

6 committee chairman.

7 b. The nonvoting members of the committee are:

8 (28 1). A representative of the North Dakota association of counties;

9 (29 2). The agriculture commissioner or the commissioner's designee;

10 (30 3). The director of the game and fish department or the director's designee;

and

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

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

13 3..

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1 A member of the committee who is not a state employee is entitled to reimbursement

14 for

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

15 paid by the

3 legislative council. A state employee who is a member of the committee is

16 entitled to receive

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

17 mileage and expenses to be

5 paid by the employing agency. A member of the

18 committee who is a member of the legislative

6 assembly is entitled to receive per diem

19 compensation at the rate provided under section

7 54-35-10 for each day performing

20 official duties of the committee. The legislative council shall

8 pay the per diem

21 compensation and reimbursement for travel and expenses as provided by law

9 for any

22 member of the committee who is a member of the legislative assembly.

23 SECTION 7. LEGISLATIVE MANAGEMENT STUDY - INFORMATION TECHNOLOGY

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

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

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

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

28 findings and recommendations, together with any legislation required to implement the

29 recommendations, to the sixty-seventh legislative assembly.

30 SECTION 8. LEGISLATIVE INTENT - INFORMATION TECHNOLOGY UNIFICATION

31 INITIATIVE - REPORT TO SIXTY-SEVENTH LEGISLATIVE ASSEMBLY. It is the intent of the

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1 sixty-sixth legislative assembly that the information technology department provide direction to

2 the executive branch agencies in the governor's cabinet not included in the information

3 technology unification initiative pilot project regarding information technology strategic planning

4 and operations. It is further the intent of the sixty-sixth legislative assembly that the

5 sixty-seventh legislative assembly implement the findings and recommendations resulting from

6 the information technology unification initiative pilot project.

7 SECTION 9. INFORMATION TECHNOLOGY DEPARTMENT REVIEW - REPORT TO

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

9 department shall conduct a review of service rates charged to state agencies, including rate

10 structure and agency billing. The information technology department shall report the results of

11 its review to the legislative management by September 1, 2020.

12 SECTION 10. LEGISLATIVE MANAGEMENT STUDY - STATEWIDE INTEROPERABLE

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

14 consolidated emergency and interoperable public safety communications system governance

15 and funding options. The legislative management shall report its findings and recommendations,

16 together with any legislation required to implement the recommendations, to the sixty-seventh

17 legislative assembly.

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

19 amended and reenacted as follows:

20 37-17.3-02.2. North Dakota statewide interoperability executive committee. (Effective

21 through July 31, 2023)

22 1. The statewide interoperability executive The committee consists of:

23 a. The director of state radio or a designee;

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

25 c. The superintendent of the highway patrol or a designee;

26 d. The adjutant general or a designee;

27 e. The director of the department of transportation or a designee;

28 f. A representative of the North Dakota sheriff's and deputies association;

29 g. A representative of the North Dakota emergency managers association;

30 h. A representative of the North Dakota fire chiefs association;

31 i. A representative of the North Dakota emergency medical services association;

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1 j. A representative of the North Dakota police chiefs association;

2 k. A representative of the North Dakota peace officers association;

3 l. A representative of the North Dakota 911 association;

4 m. A representative of the North Dakota association of counties;

5 n. A representative of the North Dakota league of cities;

6 o. The North Dakota chief information officer or a designee;

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

8 and

9 o.q. One member of the North Dakota house of representatives and one member of

10 the North Dakota senate appointed by the may establish a prototype hunters access database in select counties prior to August 1, 2020.

11 The legislative management;

11 r. The director of the game and fish department or a designee; and

12 s. The state health officer or a designee.

13 2. The committee shall elect a chairman and vice chairman for terms of two years upon

14 report its initial meeting. The adjutant general shall call and convene the initial meeting.

15 3. The committee shall prepare findings and recommendations regarding a statewide

16 integratedinteroperable radio systemnetwork, together with due consideration for all

17 stakeholders reliant upon athe statewide interoperable radio communication

18 systemnetwork.

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

20 safety answering points to the statewide interoperable radio network.

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

22 2023)

23 1. The statewide interoperability executive committee consists of:

24 a. The director of state radio or a designee;

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

26 c. The superintendent of the highway patrol or a designee;

27 d. The adjutant general or a designee;

28 e. The director of the department of transportation or a designee;

29 f. A representative of the North Dakota sheriff's and deputies association;

30 g. A representative of the North Dakota emergency managers association;

31 h. A representative of the North Dakota fire chiefs association;

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1 i. A representative of the North Dakota emergency medical services association;

2 j. A representative of the North Dakota police chiefs association;

3 k. A representative of the North Dakota peace officers association;

4 l. A representative of the North Dakota 911 association; and

5 m. A representative of the North Dakota association of counties;

6 n. A representative of the North Dakota league of cities;

7 o. The North Dakota chief information officer or a designee;

8 p. The executive director of the North Dakota Indian affairs commission or a

9 designee;

10 q. One member of the North Dakota house of representatives and one member of

11 the North Dakota senate appointed by the legislative management;

12 r. The director of the game and fish department or a designee; and

13 s. The state health officer or a designee.

14 2. The committee shall elect a chairman and vice chairman for terms of two years upon

15 its initial meeting. The adjutant general shall call and convene the initial meeting.

16 3. The committee shall prepare any

12 legislation required to implement the recommendations regarding a statewide

17 integratedinteroperable radio systemnetwork with due consideration for all

18 stakeholders reliant upon athe statewide interoperable radio communication

19 systemnetwork.

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

21 safety answering points to the statewide interoperable radio network.

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

23 amended and reenacted as follows:

24 37-17.3-03. Political subdivisions may furnish receiving and transmitting sets for

25 enforcement purposes.

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

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

28 systemspersonal and vehicular radios that can access the statestatewide

29 interoperable radio systemnetwork. Each mobile radio that is programmed to access

30 the statestatewide interoperable radio systemnetwork must be registered with the

31 division of state radio and assigned a unit number. A one-time fee of ten dollars for

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1 registering and assigning unit numbers must be paid to the director on all newly added

2 radios by the appropriate governmental entityapproved by the statewide

3 interoperability executive committee. Agencies with registered radios must validate

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

5 to register and audit users of the statewide interoperable radio network.

6 2. The information technology department may provide a state cost-share for each radio

7 purchased under this section. The state-cost share for each radio is one thousand five

8 hundred dollars unless the cost of the radio is less than one thousand five hundred

9 dollars in which case the state cost-share is the cost of the radio.

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13 assembly.

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