Senate Bill text for SB0173

SENATE BILL 173

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Linda M. Lopez

FOR THE INFORMATION TECHNOLOGY AND

TELECOMMUNICATIONS OVERSIGHT COMMITTEE

AN ACT

RELATING TO EMERGENCY RESPONSE; ENACTING THE EMERGENCY COMMUNICATIONS INTEROPERABILITY ACT; ESTABLISHING THE INTEROPERABILITY PLANNING COMMISSION; ASSIGNING DUTIES TO THE HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT; REQUIRING STATE AND LOCAL AGENCY COMPLIANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Emergency Communications Interoperability Act"."

Section 2. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Emergency Communications Interoperability Act:

A. "department" means the homeland security and emergency management department;

B. "first responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency, including but not limited to:

(1) a law enforcement officer;

(2) a firefighter or certified volunteer firefighter; and

(3) an emergency medical services provider;

C. "infrastructure equipment" means the underlying fixed equipment required to establish interoperable communications between radio systems used by local, state, tribal and federal agencies and first responders; and

D. "interoperability" means coordination of critical information communication systems or networks, including radio and emergency coordination information equipment, that are consistently operable with all relevant local, state, tribal and federal agencies and first responders."

Section 3. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] INTEROPERABILITY PLANNING COMMISSION--CREATED.--

A. The "interoperability planning commission" is created and administratively attached to the department.

B. The interoperability planning commission is a permanent advisory commission created to advise and support the department on emergency response and homeland security activities relating to interoperability, the obtaining of funding and the use of available funding.

C. The commission consists of twelve members, including:

(1) the lieutenant governor;

(2) the homeland security advisor;

(3) the secretary of information technology or the secretary's designee;

(4) the adjutant general or a representative from the department of military affairs;

(5) the secretary of energy, minerals and natural resources or the secretary's designee;

(6) the state fire marshal or the fire marshal's designee;

(7) the secretary of Indian affairs or the secretary's designee;

(8) the secretary of transportation or the secretary's designee;

(9) the secretary of health or the secretary's designee;

(10) the secretary of public safety or the secretary's designee;

(11) the executive director of the New Mexico municipal league or the executive director's designee; and

(12) the executive director of the New Mexico association of counties or the executive director's designee.

D. The commission shall appoint a chair and vice chair from among its members. The commission shall meet at the call of the chair but no less than two times each year.

E. Members of the commission, or their designees, who are not supported by public money may be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act, but shall not receive any other compensation, perquisite or allowance."

Section 4. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] INTEROPERABILITY PLANNING COMMISSION--DUTIES.--The interoperability planning commission shall advise the department on:

A. the development and coordination of a statewide interoperable emergency communications plan in compliance with national incident management system guidelines, including an integrated public safety radio communications system and other coordinated critical information systems, to achieve interoperability within and between local, state, tribal and federal agencies and first responders;

B. implementation of the interoperable emergency communications plan by state and local agencies and shall provide specific directions for methods by which agencies shall implement those strategies;

C. priorities relating to the interoperable emergency communications plan; and

D. other matters relating to planning, development, coordination, promotion and implementation of the interoperable emergency communications plan."

Section 5. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] INTEROPERABILITY--DEPARTMENT.--The department shall:

A. establish, implement and administer a statewide interoperable emergency communications plan and standards for

a statewide integrated public safety radio communications system;

B. train representatives of entities in the state that are involved in emergency response and homeland security activities with respect to interoperability;

C. require that all radio communications at emergency incidents adhere to the national incident management system guidelines established by the federal department of homeland security and statewide integrated public safety radio communications standards;

D. use appropriated money, including money from relevant federal homeland security grants, for the purposes of designing and promulgating systems compliant with the standards established under Subsection A of this section and to enable the implementation and maintenance of a statewide interoperable public safety radio communications system; and

E. report annually to the appropriate interim legislative committee."

Section 6. A new section of Chapter 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] INTEROPERABILITY--AGENCY COMPLIANCE.--All state and local agency budgets and plans to purchase infrastructure equipment shall conform to the interoperability standards developed by the department."

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