Montana Code 44-4-1606. Duties of department
44-4-1606. Duties of department. (1) (a) Except as provided in subsection (1)(b), there is a statewide public safety communications system administered by the department.
Terms Used In Montana Code 44-4-1606
- Advisory council: means the statewide public safety communications system advisory council established in 44-4-1604. See Montana Code 44-4-1603
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of justice established in 2-15-2001. See Montana Code 44-4-1603
- Property: means real and personal property. See Montana Code 1-1-205
- Public safety communications system: means a system used primarily by public safety agencies for transmitting and receiving voice, data, or both voice and data communications. See Montana Code 44-4-1603
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(b)The department of natural resources and conservation may opt out of the public safety communications system.
(2)The department shall implement, sustain, and plan for the statewide public safety communications system within the limits of budget authority dedicated to the system.
(3)The department shall:
(a)encourage and foster the development of new and innovative technology within the public safety communications system and ways to deliver public safety communications functions;
(b)promote and coordinate the sharing of statewide public safety communications system resources;
(c)establish and execute a long-term, fiscally sustainable strategic plan for the statewide public safety communications system;
(d)establish and communicate policies and standards for the statewide public safety communications system;
(e)staff and cover the costs of the advisory council established in 44-4-1604;
(f)operate and maintain the statewide public safety communications system for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department, within the limits of budget authority dedicated to the system;
(g)establish rates and other charges for statewide public safety communications system services provided by the department;
(h)ensure collection of any user fees is dedicated to the operation, maintenance, expansion, or any combination of operation, maintenance, or expansion of the statewide public safety communications system. Proposed fees must be deposited in the account established in 44-4-1607 and included in the department’s budget.
(i)accept federal funds, gifts, grants, and donations for the purposes of this part;
(j)accept county, tribal, and municipal funds provided for the operation, maintenance, deployment, expansion, or any combination of operation, maintenance, deployment, or expansion of the statewide public safety communications system;
(k)at the department’s discretion, accept a transfer of ownership for the existing statewide public safety communications system, subsystems, or other assets or property from a county, tribal, federal, or municipal government;
(l)establish agreements between governmental agencies that currently own, operate, or both own and operate infrastructure on the statewide public safety communications system. Agreements must, if applicable, recognize that current network control points are owned and administered by a county and will remain owned and administered by a county.
(m)pursue funding opportunities that can be leveraged based on user participation;
(n)report to the law and justice interim committee as provided in 5-11-210 on the statewide public safety communications system activities of the department; and
(o)represent the state before public and private entities on matters pertaining to the statewide public safety communications system.
(4)The department may contract with qualified private organizations, foundations, or individuals to carry out the purposes of this part.
(5)The department shall operate and maintain the statewide public safety communications system within the limits of budget authority dedicated to the system.
(6)This part does not provide the department with regulatory authority or responsibility over a commercial business.