Authority: §§ 18.2-308.2:2, 19.2-387, 19.2-388, 27-55, 52-4, 52-4.4, 52-8.5, 52-12, 52-13, 52-15, 52-16, 52-25 and 52-31 through 52-34, Code of Virginia.

A. There is hereby reappropriated the unexpended balances of funding for communications equipment remaining at the close of business on June 30, 2000, in the appropriation for Item 461, Chapter 935, Acts of Assembly of 1999, in the subprogram Telecommunications, and the balances remaining in this subprogram on June 30, 2001.

B.1. Included in this appropriation is $5,000,000 the first year for the first phase of a statewide-shared land mobile radio system. This funding will allow the agency to continue the radio system buildout and begin engineering for the system. If required, the funding can be used for tower land acquisition and the construction of a communication control building. The Department of State Police may not enter into a contract for the financing, including leasing or other vendor financing, design, and engineering of a statewide-shared land mobile radio system until approval is given by the Secretaries of Public Safety, Technology, and Finance. The Attorney General shall review and approve the form and content of any proposed contracts. In addition, a technical steering committee comprised of representatives from the Department of Information Technology, Department of Technology Planning, Department of Planning and Budget, Secretary of Public Safety, and the Department of State Police, shall be continued. This committee shall review and make recommendations, as directed by the Secretary of Public Safety, over all aspects of the statewide-shared land mobile radio system, including the development of any request for proposals. The Department of State Police shall submit periodic reports, as directed by the Secretary of Public Safety, to this committee regarding its progress in implementing the statewide-shared land mobile radio system. Within its request for proposals, the Department of State Police should direct vendors to submit private financing options, including leasing, as part of their proposals.

2. There is hereby reappropriated the unexpended balances for funding for the statewide-shared land mobile radio system remaining in this program on June 30, 2001.

B.1. A board composed of the Secretaries of Public Safety, Technology, Transportation, Natural Resources and Finance is established to provide policy direction and overall governance for the statewide shared land mobile radio system (LMRS), to include review and approval of all procurement solicitations and contracts. The Attorney General shall review and approve the form of all contracts. The Departments of State Police, Information Technology, and Technology Planning shall provide support for the work of the board, as directed.

2. A user committee is established to advise the board of member agency needs for the planning, design, establishment and operation of the LMRS. The user committee shall establish policies, procedures, and standards that will be incorporated into a comprehensive management plan for the LMRS use and operation. The management plan and any changes thereto shall be subject to review and approval by the board. The committee shall provide advice and comment to the board on proposals for other federal, state or local agencies to join the LMRS and on any proposals for third-party use of any LMRS infrastructure or component. The committee shall be composed of a member designated by the head of each of the following agencies:

Department of Alcoholic Beverage Control

Department of Aviation

Division of Capitol Police

Department of Conservation and Recreation

Department of Corrections

Department of Emergency Management

Department of Environmental Quality

Department of Fire Programs

Department of Forestry

Department of Game and Inland Fisheries

Department of Health

Department of Information Technology

Department of Juvenile Justice

Department of Military Affairs

Department of Mines, Minerals and Energy

Department of Motor Vehicles

Department of State Police

Department of Transportation

Virginia Marine Resources Commission

The committee shall elect from its membership a chairman and a vice-chairman and may establish such bylaws, executive committees and subcommittees as it deems appropriate to carry out its work. The committee shall meet as necessary, but at least quarterly. The Departments of State Police, Information Technology, and Technology Planning shall provide technical support for the work of the committee as requested.

3. Included in this appropriation is $5,000,000 the first year from the general fund and $3,100,000 the second year from nongeneral funds to continue developing the LMRS needs assessment, functional design, and procurement document as well as to evaluate vendor proposals and provide for project oversight and management. The nongeneral fund source includes $2,000,000 in fund balances from the Virginia Alcohol Safety Action Program and $1,100,000 in nongeneral fund balances within the Department of State Police. The Comptroller shall assist in any required transfers of revenue to support this item.

4. Subject to the provisions of the Virginia Public Procurement Act, § 11-35 et seq., Code of Virginia, and with the approval of the board, the Department of State Police is further authorized to enter into a contract for the acquisition and implementation of the LMRS. Such contract may provide for an LMRS infrastructure that is shared between the state and a nongovernment partner wherein the parties will share assets and system upgrade development costs and share any revenues that might be generated from use of the shared network or assets. Any such contract shall also ensure that the Commonwealth retains the ability to maintain the functionality of the system, cause improvements in the functionality of the system over its life, and veto changes to the system that affect functionality.

5. The Board shall provide quarterly reports to the Chairmen of the House Appropriations and Senate Finance Committees on its progress in implementing these actions.

C.1. It is the intent of the General Assembly that wireless 911 calls be delivered directly by the Commercial Mobile Radio Service (CMRS) provider to the local Public Safety Answering Point (PSAP), in order that such calls be answered by the local jurisdiction within which the call originates, thereby minimizing the need for call transfers whenever possible.

2. Notwithstanding the provisions of Article 6 (§ 56-484.8 et seq.), Chapter 15, Title 56, Code of Virginia, the Department of State Police is authorized to receive moneys collected in the Wireless E-911 Fund, not to exceed $750,000 in each fiscal year, to offset dispatch center operating costs incurred for answering wireless 911 telephone calls originating in localities for which the Department of State Police continues to serve as the PSAP for wireless 911 telephone calls. Such payments shall be made pursuant to procedures established by the Wireless E-911 Service Board.

D. The Department of Technology Planning shall submit an interim report on implementation of the statewide-shared land mobile radio system, including consideration of (1) organizational options for building, owning, and operating the radio system; (2) options for financing the system, including both public and private financing; and (3) options for allocating the cost of the system and charging back such costs to the agencies using the system. The interim report shall be submitted by July 14, 2000, to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees, with a final report, including recommendations, to be submitted by November 1, 2000. The Secretaries of Public Safety and Finance shall provide assistance, as needed, in completing these reports.

E. Out of the Motor Carrier Special Fund (0455), $900,000 in the first year and $900,000 in the second year shall be provided to the Department of the State Police.