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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 1122

AN ACT TO BRING FORWARD SECTIONS 1-1-59, 7-1-403, 7-7-3, 1
19-5-307, 23-15-165, 25-53-1, 25-53-3, 25-53-5, 25-53-7, 25-53-9, 2
25-53-11, 25-53-13, 25-53-15, 25-53-17, 25-53-19, 25-53-21, 3
25-53-23, 25-53-25, 25-53-29, 25-53-51, 25-53-53, 25-53-55, 4
25-53-57, 25-53-59, 25-53-101, 25-53-105, 25-53-107, 25-53-109, 5
25-53-111, 25-53-113, 25-53-115, 25-53-117, 25-53-119, 25-53-121, 6
25-53-123, 25-53-125, 25-53-151, 25-53-171, 25-53-191, 25-53-193, 7
25-53-201, 25-53-231, 25-53-233, 25-53-235, 25-53-237, 25-53-239, 8
25-53-241, 25-53-251, 25-53-253, 25-53-255, 25-53-257, 25-53-261, 9
25-53-263, 25-53-281, 25-53-301, 27-7-83, 27-65-81, 27-104-165, 10
27-115-49, 31-7-10, 31-7-13, 37-101-413, 37-154-1, 41-143-1, 11
43-1-28, 45-27-7, 49-37-7, 57-13-23, 63-9-31, 63-21-18, 73-34-8, 12
75-12-33 AND 89-5-109, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE 13
OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 25-53-259 AND 25-58-21, 14
MISSISSIPPI CODE OF 1972, TO MAKE MINOR, NONSUBSTANTIVE CHANGES; 15
AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 1-1-59, Mississippi Code of 1972, is 18
brought forward as follows: 19
1-1-59. The Joint Committee on Compilation, Revision and 20
Publication of Legislation may contract with a reputable and 21
competent company to perform any services necessary to update any 22
computer tape, disc or other technological medium furnished with 23
the Mississippi Code of 1972, and to provide for and update a 24
CD-ROM (compact disc, read-only memory) or other disc or 25
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technological medium containing the Mississippi Code of 1972 and 26
its annotations, so that all laws of a general nature passed by 27
the Legislature subsequent to the 1971 session thereof will be 28
incorporated therein in the same format as the pocket part 29
supplements and supplemental material contained in replacement 30
volumes to the Code of 1972. This contract may be made with the 31
same publishing company contracted with under Section 1-1-107(a) 32
and may be included as a provision of that contract with the 33
publishing company instead of being a separate contract. 34
If the same cannot be contracted for, at and for a 35
consideration considered reasonable, the joint committee may 36
request the Mississippi Department of Information Technology 37
Services to perform such services and pay over to the department 38
such sums as may be appropriated for such purposes, and the 39
Mississippi Department of Information Technology Services may 40
expend such sums as paid over for the employment of personnel and 41
the purchase of such services, supplies, materials and equipment 42
as may be required to perform the work. 43
SECTION 2. Section 7-1-403, Mississippi Code of 1972, is 44
brought forward as follows: 45
7-1-403. The Bond Advisory Division is hereby granted the 46
authority and charged with the responsibility to perform the 47
following duties: 48
(a) To maintain a close working relationship with 49
agencies authorized to incur bonded indebtedness in order to know 50
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the probable schedule for the issuance of bonds so that 51
coordination may be accomplished for orderly issuance. 52
(b) To require all state agencies authorized to incur 53
bonded indebtedness, in addition to cooperation required in 54
subsection (a), to submit written notice of intent to sell bonds 55
at least thirty (30) days prior to requesting the State Bond 56
Commission to approve the sale of such bonds. Such notification 57
shall contain such information as may be required by the director. 58
However, with the concurrence of the State Fiscal Officer, in 59
cases of emergency the requirement of thirty (30) days' notice may 60
be waived by the director. 61
(c) To require all state agencies or political 62
subdivisions to submit annual financial reports, and such other 63
interim reports as deemed necessary, on projects financed by state 64
revenue bonds or by state bonds which have the general obligation 65
pledge of the state, but which are primarily backed by specified 66
revenues. 67
(d) To maintain a complete record of all outstanding 68
state bonds. The record shall include, but shall not be limited 69
to, the following: 70
(i) Amount of principal of the bonds issued and 71
the rates of interest; 72
(ii) Dates the bonds were issued, the term or 73
terms of the bonds, and maturities; 74
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(iii) The overall average interest rate to be paid 75
on each issue; 76
(iv) The name of the paying agent; 77
(v) The trustees named to administer the issue and 78
the pledges securing such bonds; 79
(vi) The statutes under which such bonds were 80
issued and the statutory authority for all bonds authorized, 81
whether issued or unissued. 82
(e) To maintain a close working relationship with the 83
Mississippi Development Authority, the University Research Center 84
and the Commissioner of Revenue in order to obtain current 85
information concerning the economic, financial and growth 86
conditions of the state and such other information necessary to 87
properly comply with the intent of Sections 7-1-401 and 7-1-403. 88
(f) To receive the cooperation of all state agencies 89
and institutions in accumulating the information required by 90
Sections 7-1-401 and 7-1-403. 91
(g) To make continuing studies and investigations of 92
government bond interest costs throughout the United States of 93
America and to advise the Governor, the State Bond Commission and 94
the Legislature concerning market conditions and credit condition 95
of the state. 96
(h) To contract with the Department of Information 97
Technology Services for such data processing or computer services 98
as are necessary in providing complete, current and accurate 99
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information regarding bonds issued, maturity dates, interest 100
costs, bond market trends and other data necessary for the proper 101
management of the state's debt and investments of state funds. 102
(i) To issue rules and regulations as are necessary for 103
the enforcement of the provisions of Sections 7-1-401 and 7-1-403. 104
(j) To investigate and require reports covering 105
proposed transactions involving refunding bond issues, bond 106
exchanges, bond trades, bond "swaps," redemptions, etc., which may 107
be engaged in with regard to any state bond. 108
(k) To keep the Governor, Bond Commission and the 109
Legislature informed regarding the credit outlook for the state 110
and to furnish whatever information the Legislature requests which 111
is required to be maintained under Sections 7-1-401 and 7-1-403. 112
(l) To maintain a personal relationship with rating 113
agencies and state bond investors, including the responsibility to 114
invite people in the national financial community to visit our 115
state in order for them to better understand our undertakings, and 116
to incur and pay all expenses in connection with the 117
administration and function of the division, including information 118
meetings or other appropriate forms of communication. All such 119
expenses for these trips shall be paid from appropriations made 120
for the operation of this division. 121
(m) To cooperate with and provide assistance to 122
counties, municipalities and other political subdivisions when the 123
respective governing authorities request such assistance regarding 124
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matters of financial and credit administration and in the 125
preparation of materials and information required to be used in 126
connection with credit ratings and the sale of bonds. 127
(n) To perform such other duties and acts necessary to 128
carry out the intent of Sections 7-1-401 and 7-1-403. 129
(o) To maintain a complete record of the name and 130
business address of any person, firm, corporation or other entity 131
deriving any income for services performed with respect to any 132
bonds issued after May 16, 1988, by the State Bond Commission, 133
State Development Bank, Mississippi Housing Finance Corporation, 134
Certified Development Company of Mississippi, Inc., Mississippi 135
Hospital Equipment and Facilities Authority or any other entity 136
issuing bonds or notes of the State of Mississippi. The report 137
shall specify the amount of funds, whether from bond proceeds or 138
otherwise, paid or to be paid to each such person or entity for 139
services performed for each such bond issue. The initial report 140
shall be made available on or before January 15, 1989, to the 141
Clerk of the House of Representatives and to the Secretary of the 142
Senate. All subsequent updated reports shall be submitted on or 143
before January 15 of each year to the Clerk of the House of 144
Representatives, the Secretary of the Senate, the Chairman of the 145
House Ways and Means Committee and the Chairman of the Senate 146
Finance Committee. The State Bond Attorney shall annually compile 147
a list of all local bond issues, itemizing the name of the issuer, 148
a description of the issue, the amount of the bonds issued and the 149
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name and address of the person acting as bond counsel on the 150
issue. Such list shall be submitted on or before January 15 of 151
each year to the Clerk of the House of Representatives, the 152
Secretary of the Senate, the Chairman of the House Ways and Means 153
Committee, the Chairman of the Senate Finance Committee, and the 154
Joint Performance Evaluation and Expenditure Review Committee 155
(PEER). The reports required to be compiled pursuant to this 156
paragraph shall be posted on the Department of Finance and 157
Administration's website by not later than January 15 of each 158
year. 159
SECTION 3. Section 7-7-3, Mississippi Code of 1972, is 160
brought forward as follows: 161
7-7-3. (1) There is hereby established a General Accounting 162
Office for the State of Mississippi, the powers and duties of said 163
office to be performed by the Bureau of Budget and Fiscal 164
Management under the administration of the State Fiscal Officer. 165
(2) The Chief of the Fiscal Management Division, under the 166
supervision of the State Fiscal Officer, shall prescribe and 167
implement in the office of each state agency an adequate accrual 168
accounting system, in conformity with generally accepted 169
accounting principles, and a system for keeping other essential 170
financial records or, in lieu thereof, may install a state 171
centralized automated accounting system which facilitates 172
reporting the financial position and operations of the state as a 173
whole, in conformity with generally accepted accounting 174
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principles. All such accounting systems so prescribed or 175
installed shall be as uniform as may be practicable for agencies 176
and offices of the same class and character. 177
Each state agency shall adopt and use the system prescribed 178
and approved for it by the State Fiscal Officer, and the State 179
Fiscal Officer shall have the authority and power to impound all 180
funds of such agency until it complies with the provisions of this 181
section. Said state centralized automated accounting system shall 182
be made available to the agencies of state government through the 183
services of the State Computer Center. The State Fiscal Officer 184
shall conduct training seminars on a regular basis to ensure that 185
agencies have access to persons proficient in the correct use of 186
the statewide automated accounting system. 187
(3) The State Fiscal Officer shall establish an oversight 188
advisory committee to ensure that the state centralized automated 189
accounting system meets the needs of the agencies served thereby. 190
Said oversight advisory committee shall be composed of qualified 191
public employees proficient in the areas of fiscal management, 192
accounting, data processing and other fields affected by the 193
automated accounting and financial management system. Said 194
committee shall have the following responsibilities: 195
(a) Provide continual review of laws, rules, 196
regulations, policies and procedures which affect the continued 197
successful implementation of the state automated accounting and 198
financial management system; 199
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(b) Coordination among the control agencies of state 200
and federal government to identify required modifications and/or 201
enhancements to the state centralized automated accounting system 202
as required for successful implementation; 203
(c) Ensure that agencies using the system are in 204
compliance with the requirements of the various control agencies; 205
and 206
(d) Assign persons knowledgeable in their area of 207
expertise and proper use of the state centralized automated 208
accounting system to help agencies use the system correctly. 209
(4) The State Fiscal Officer shall provide for the 210
continuing support of the state centralized automated accounting 211
system from funds appropriated therefor by the Legislature and/or 212
from user fees charged to the state agencies and institutions 213
utilizing the system. 214
The State Fiscal Officer may charge fees to agencies and 215
institutions for services rendered to them in conjunction with the 216
statewide automated accounting system. The amounts of such fees 217
shall be set by the State Fiscal Officer, and all such fees 218
collected shall be paid into the Statewide Automated Accounting 219
System Fund. 220
(5) There is hereby established within the State Treasury a 221
special fund to be designated as the Mississippi Management and 222
Reporting System Revolving Fund. This fund is established for the 223
purpose of developing and maintaining an executive information 224
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system within state government. Such a system may include the 225
state centralized automated accounting system, a centralized 226
automated human resource/payroll system for state agencies and the 227
automation of performance programmatic data and other data as 228
needed by the legislative and executive branches to monitor the 229
receipt and expenditure of funds in accordance with desired 230
objectives. 231
A Steering Committee consisting of the State Fiscal Officer, 232
the Executive Director of the State Personnel Board and the 233
Executive Director of the Mississippi Department of Information 234
Technology Services shall establish policies and procedures for 235
the administration of the Mississippi Management and Reporting 236
System Revolving Fund. 237
All disbursements from this fund shall be made pursuant to 238
appropriation by the Legislature. All interest earned from the 239
investment of monies in this fund shall be credited to such fund. 240
Any expenditure of funds related to the development of a 241
Mississippi Management and Reporting System by the State Personnel 242
Board, the Department of Finance and Administration and the 243
Mississippi Department of Information Technology Services made 244
during the fiscal year ending June 30, 1993, shall be reimbursable 245
from the Mississippi Management and Reporting System Revolving 246
Fund upon its establishment. 247
The Bond Commission is hereby authorized to grant a 248
noninterest-bearing loan to the Mississippi Management and 249
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Reporting System Revolving Fund from the State Treasurer's General 250
Fund/Special Fund Pool in an amount not to exceed Fifteen Million 251
Dollars ($15,000,000.00). 252
The Mississippi Management and Reporting System Steering 253
Committee shall appoint an administrator of the Mississippi 254
Management and Reporting System Revolving Fund. The salary of the 255
administrator and all other project administrative expenses shall 256
be disbursed from the revolving fund. The administrator of the 257
fund is hereby authorized to employ or secure personnel service 258
contracts for all personnel required to carry out this project. 259
On or before January 15 of each year, the State Fiscal Officer 260
shall present a report of all expenditures made during the 261
previous fiscal year from the Mississippi Management and Reporting 262
System Revolving Fund to the State Bond Commission and to the 263
Legislature. 264
Upon implementation of the Mississippi Management and 265
Reporting System, or any part thereof, at any state agency, a 266
repayment schedule shall be determined by the Mississippi 267
Management and Reporting System Revolving Fund administrator for 268
payment back into the Mississippi Management and Reporting System 269
Revolving Fund. This repayment schedule will include direct and 270
indirect expenses of implementing the Mississippi Management and 271
Reporting System at each agency and applied interest charges. 272
Each state agency shall be required to request the amount of its 273
yearly repayment in its annual budget request. 274
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At the completion of the Mississippi Management and Reporting 275
System, the Steering Committee shall recommend to the Legislature 276
an amount to remain in the Mississippi Management and Reporting 277
System Revolving Fund to fund future upgrades and maintenance for 278
the system. The remaining amount, as repaid by the agencies, 279
shall be returned to the General Fund/Special Fund Pool. 280
Each state agency executive director shall participate in the 281
Mississippi Management and Reporting System (MMRS) project by 282
appointing an agency implementation team leader to represent them 283
on the MMRS project. All agencies will be required to implement 284
the MMRS unless exempted from such by the MMRS Steering Committee. 285
If such an exemption is granted, the MMRS Steering Committee may 286
require selected data to be electronically interfaced into the 287
MMRS. 288
(6) In addition to his other duties, the Chief of the Fiscal 289
Management Division shall perform the following services: 290
(a) Maintain a set of control accounts on a double 291
entry accrual basis for each state fund so as to analyze, classify 292
and record all resources, obligations and financial transactions 293
of all state agencies. 294
(b) Submit to the Governor and to the Legislative 295
Budget Office a monthly report containing the state's financial 296
operations and conditions. 297
(c) Approve as to form the manner in which all payrolls 298
shall be prepared; and require each state agency to furnish copies 299
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of monthly payrolls as required to the State Fiscal Officer. The 300
Chief of the Fiscal Management Division shall study the 301
feasibility of a central payroll system for all state officers and 302
employees, and report his findings and recommendations to the 303
Legislature. 304
(d) Require of each state agency, through its governing 305
board or executive head, the maintaining of continuous internal 306
audit covering the activities of such agency affecting its revenue 307
and expenditures, and an adequate internal system of preauditing 308
claims, demands and accounts against such agency as to adequately 309
ensure that only valid claims, demands and accounts will be paid, 310
and to verify compliance with the regulations of the State 311
Personal Service Contract Review Board regarding the execution of 312
any personal service or professional service contracts pursuant to 313
Section 25-9-120(3). The Fiscal Management Division shall report 314
to the State Fiscal Officer any failure or refusal of the 315
governing board or executive head of any state agency to comply 316
with the provisions of this section. The State Fiscal Officer 317
shall notify the said board of trustees or executive head of such 318
violation and, upon continued failure or refusal to comply with 319
the provisions of this section, then the State Fiscal Officer may 320
require said board of trustees or executive head of such state 321
agency to furnish competent and adequate personnel to carry out 322
the provisions of this section, who shall be responsible to the 323
State Fiscal Officer for the performance of such function with 324
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respect to such state agency. For failure or refusal to comply 325
with the provisions of this section or the directions of the State 326
Fiscal Officer, any such employee may be deprived of the power to 327
perform such functions on behalf of the Fiscal Management 328
Division. 329
(7) Every state agency, through the proper officials or 330
employee, shall make such periodic or special reports on forms 331
prescribed by the Chief of the Fiscal Management Division as may 332
be required or necessary to maintain the set of control accounts 333
required. If any officer or employee of any state agency whose 334
duty it is to do so shall refuse or fail to make such periodic or 335
special reports in such form and in such detail and within such 336
time as the Fiscal Management Division may require in the exercise 337
of this authority, the State Fiscal Officer shall prepare or cause 338
to be prepared and submitted such reports and the expense thereof 339
shall be personally borne by said officer or employee and he or 340
she shall be responsible on his or her official bond for the 341
payment of the expense. Provided that a negligently prepared 342
report shall be considered as a refusal or failure under the 343
provisions of this section. 344
(8) From and after July 1, 2016, the expenses of this agency 345
shall be defrayed by appropriation from the State General Fund and 346
all user charges and fees authorized under this section shall be 347
deposited into the State General Fund as authorized by law. 348
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(9) From and after July 1, 2016, no state agency shall 349
charge another state agency a fee, assessment, rent or other 350
charge for services or resources received by authority of this 351
section. 352
SECTION 4. Section 19-5-307, Mississippi Code of 1972, is 353
brought forward as follows: 354
19-5-307. (1) When any district is created, the board of 355
supervisors of the county creating such district may appoint a 356
board of commissioners composed of seven (7) members to govern its 357
affairs, and shall fix the domicile of the board at any point 358
within the district. The members of the board shall be qualified 359
electors of the district, two (2) of whom shall be appointed for 360
terms of two (2) years, three (3) for terms of three (3) years, 361
and two (2) for terms of four (4) years, dating from the date of 362
the adoption of the ordinance creating the district. Thereafter, 363
all appointments of the members shall be for terms of four (4) 364
years. 365
(2) The board of commissioners shall have complete and sole 366
authority to appoint a chairman and any other officers it may deem 367
necessary from among the membership of the board of commissioners. 368
(3) A majority of the board of commissioners membership 369
shall constitute a quorum and all official action of the board of 370
commissioners shall require a quorum. 371
(4) The board of commissioners shall have authority to 372
employ such employees, experts and consultants as it may deem 373
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necessary to assist the board of commissioners in the discharge of 374
its responsibilities to the extent that funds are made available. 375
(5) In lieu of appointing a board of commissioners, the 376
board of supervisors of the county may serve as the board of 377
commissioners of the district, in which case it shall assume all 378
the powers and duties of the board of commissioners as provided in 379
Section 19-5-301 et seq. 380
(6) From and after the adoption of the State NG911 Plan, all 381
emergency communications districts shall purchase, lease or 382
lease-purchase any new equipment used to comply with requirements 383
consistent with the State NG911 Plan from a products and equipment 384
list maintained by the Mississippi Department of Information 385
Technology Services; however, items not available from the list, 386
or items which may be purchased at a lower price, shall be 387
purchased in accordance with the Public Purchasing Law (Section 388
31-7-13). 389
SECTION 5. Section 23-15-165, Mississippi Code of 1972, is 390
brought forward as follows: 391
23-15-165. (1) The Office of the Secretary of State, in 392
cooperation with the county registrars and election commissioners, 393
shall procure, implement and maintain an electronic information 394
processing system and programs capable of maintaining a 395
centralized database of all registered voters in the state. The 396
system shall encompass software and hardware, at both the state 397
and county level, software development training, conversion and 398
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support and maintenance for the system. The Secretary of State 399
shall equip the Statewide Elections Management System with 400
appropriate security measures to protect private information of 401
the registered voter and the integrity of Mississippi elections. 402
This system shall be known as the "Statewide Elections Management 403
System" and shall constitute the official record of registered 404
voters in every county of the state. 405
(2) The Office of the Secretary of State shall develop and 406
implement the Statewide Elections Management System so that the 407
registrar and election commissioners of each county shall: 408
(a) Verify that an applicant that is registering to 409
vote in that county is not registered to vote in another county; 410
(b) Be notified automatically that a registered voter 411
in its county has registered to vote in another county; 412
(c) Receive regular reports of death, changes of 413
address and convictions for disenfranchising crimes that apply to 414
voters registered in the county; 415
(d) Retain all present functionality related to, but 416
not limited to, the use of voter roll data and to implement such 417
other functionality as the law requires to enhance the maintenance 418
of accurate county voter records and related jury selection and 419
redistricting programs; and 420
(e) When evidence exists that a registered voter may 421
not be a citizen of the United States as provided in Section 422
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23-15-15, send notification to the registrar of the location where 423
the person is registered to vote. 424
(3) As a part of the procurement and implementation of the 425
system, the Office of the Secretary of State shall, with the 426
assistance of the advisory committee, procure services necessary 427
to convert current voter registration records in the counties into 428
a standard, industry accepted file format that can be used on the 429
Statewide Elections Management System. Thereafter, all official 430
voter information shall be maintained on the Statewide Elections 431
Management System. The standard industry accepted format of data 432
was reviewed and approved by a majority of the advisory committee 433
created in subsection (5) of this section after consultation with 434
the Circuit Clerks Association and the format may not be changed 435
without consulting the Circuit Clerks Association. 436
(4) The Secretary of State may, with the assistance of the 437
advisory committee, adopt rules and regulations necessary to 438
administer the Statewide Elections Management System. The rules 439
and regulations shall at least: 440
(a) Provide for the establishment and maintenance of a 441
centralized database for all voter registration information in the 442
state; 443
(b) Provide procedures for integrating data into the 444
centralized database; 445
(c) Provide security to ensure that only the registrar, 446
or his or her designee or other appropriate official, as the law 447
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may require, can add information to, delete information from and 448
modify information in the system; 449
(d) Provide the registrar or his or her designee or 450
other appropriate official, as the law may require, access to the 451
system at all times, including the ability to download copies of 452
the industry standard file, for all purposes related to their 453
official duties, including, but not limited to, exclusive access 454
for the purpose of printing all local pollbooks; 455
(e) Provide security and protection of all information 456
in the system and monitor the system to ensure that unauthorized 457
access is not allowed; 458
(f) Provide a procedure that will allow the registrar, 459
or his or her designee or other appropriate official, as the law 460
may require, to identify the precinct to which a voter should be 461
assigned; and 462
(g) Provide a procedure for phasing in or converting 463
existing manual and computerized voter registration systems in 464
counties to the Statewide Elections Management System. 465
(5) The Secretary of State established an advisory committee 466
to assist in developing system specifications, procurement, 467
implementation and maintenance of the Statewide Elections 468
Management System. The committee included two (2) representatives 469
from the Circuit Clerks Association, appointed by the association; 470
two (2) representatives from the Election Commissioners 471
Association of Mississippi, appointed by the association; one (1) 472
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member of the Mississippi Association of Supervisors, or its 473
staff, appointed by the association; the Director of the Stennis 474
Institute of Government at Mississippi State University, or his or 475
her designee; the Executive Director of the Department of 476
Information Technology Services, or his or her designee; two (2) 477
persons knowledgeable about elections and information technology 478
appointed by the Secretary of State; and the Secretary of State, 479
who shall serve as the chair of the advisory committee. 480
(6) (a) Social security numbers, telephone numbers, email 481
addresses, and date of birth and age information in statewide, 482
district, county and municipal voter registration files shall be 483
exempt from and shall not be subject to inspection, examination, 484
copying or reproduction under the Mississippi Public Records Act 485
of 1983. 486
(b) Copies of statewide, district, county or municipal 487
voter registration files, excluding social security numbers, 488
telephone numbers, email addresses, and date of birth and age 489
information, shall be provided to any person in accordance with 490
the Mississippi Public Records Act of 1983 at a cost not to exceed 491
the actual cost of production. 492
SECTION 6. Section 25-53-1, Mississippi Code of 1972, is 493
brought forward as follows: 494
25-53-1. The Legislature recognizes that in order for the 495
State of Mississippi to receive the maximum use and benefit from 496
information technology and services now in operation or which will 497
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in the future be placed in operation, there should be full 498
cooperation and cohesive planning and effort by and between the 499
several state agencies and that it is the responsibility of the 500
Legislature to provide statutory authority therefor. The 501
Legislature, therefore, declares and determines that for these and 502
other related purposes there is hereby established an agency of 503
state government to be known as the Mississippi Department of 504
Information Technology Services (MDITS). The Legislature further 505
declares that the Mississippi Department of Information Technology 506
Services (MDITS) shall provide statewide services that facilitate 507
cost-effective information processing and telecommunication 508
solutions. State agencies shall work in full cooperation with the 509
board of MDITS to identify opportunities to minimize duplication, 510
reduce costs and improve the efficiency of providing common 511
technology services across agency boundaries. The provisions of 512
this chapter shall not apply to the Department of Health and the 513
Department of Revenue for the purposes of implementing, 514
administering and enforcing the provisions of the Mississippi 515
Medical Cannabis Act, for acquisitions made before June 30, 2024. 516
SECTION 7. Section 25-53-3, Mississippi Code of 1972, is 517
brought forward as follows: 518
25-53-3. (1) Whenever the term "Central Data Processing 519
Authority" or the term "authority," when referring to the Central 520
Data Processing Authority, is used in any law, rule, regulation, 521
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document or elsewhere, it shall be construed to mean the 522
Mississippi Department of Information Technology Services. 523
(2) For the purposes of this chapter the following terms 524
shall have the meanings ascribed in this section unless the 525
context otherwise requires: 526
(a) "Central Data Processing Authority" and "CDPA" mean 527
"Mississippi Department of Information Technology Services (ITS)" 528
and the term "authority" means "board of the ITS." 529
(b) "Bureau of Systems Policy and Planning," "Bureau of 530
Telecommunications," "Bureau of Central Data Processing" and 531
"bureau" mean "ITS." 532
(c) "Acquisition" of information technology means the 533
purchase, lease, rental, or acquisition in any other manner of any 534
such information technology. 535
(d) "Agency" means and includes all the various state 536
agencies, officers, departments, boards, commissions, offices and 537
institutions of the state. 538
(e) "Governing authority" means boards of supervisors, 539
governing boards of all school districts, all boards of directors 540
of public water supply districts, boards of directors of master 541
public water supply districts, municipal public utility 542
commissions, governing authorities of all municipalities, port 543
authorities, commissioners and boards of trustees of any public 544
hospitals and any governing authority of the state supported 545
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wholly or in part by public funds of the state or governing 546
authority thereof. 547
(f) "Bid" means any of the valid source selection 548
techniques and competitive procurement methods appropriate to 549
information technology procurement in the public sector, 550
including, but not limited to, competitive sealed bidding, 551
competitive sealed proposals, simplified small purchase 552
procedures, sole source procurements, and emergency procurements. 553
(g) "Telecommunications transmission facility" means 554
any transmission medium, switch, instrument, inside wiring system 555
or other facility which is used, in whole or part, to provide any 556
transmission. 557
(h) "Equipment support contract" means a contract which 558
covers a single, specific class or classes of telecommunications 559
equipment or service and all features associated with that class, 560
through which state agencies may purchase or lease the item of 561
equipment or service specified by issuing a purchase order under 562
the terms of the contract without the necessity of further 563
competitive bidding. 564
(i) "Inside wiring system" means any wiring which: 565
(i) Directly or indirectly, interconnects any 566
terminal equipment with any other terminal equipment or with any 567
regulated facility or common carrier services; and 568
(ii) Is located at the premises of the customer 569
and is not inside any terminal equipment. 570
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(j) "Procurement" means the selling, buying, 571
purchasing, renting, leasing or otherwise obtaining information 572
technology as well as activities engaged in, resulting in or 573
expected to result in selling, buying, purchasing, renting, 574
leasing or otherwise obtaining information technology. 575
(k) "Telecommunications equipment, systems, related 576
services" are limited to the equipment and means to provide: 577
(i) Telecommunications transmission facilities. 578
(ii) Telephone systems, including voice processing 579
systems. 580
(iii) Facsimile systems. 581
(iv) Radio paging services. 582
(v) Mobile telephone services, including cellular 583
mobile telephone service. 584
(vi) Intercom and paging systems. 585
(vii) Video teleconferencing systems. 586
(viii) Personal communications networks and 587
services. 588
(ix) Any and all systems based on emerging and 589
future telecommunications technologies relative to (i) through 590
(viii) above. 591
(l) "Telecommunications system lease contract" means a 592
contract between a supplier of telecommunications systems, 593
including equipment and related services, and the Mississippi 594
Department of Information Technology Services. 595
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(m) "Tariffed or regulated service" means 596
telecommunications service offered by common carriers and subject 597
to control by the Mississippi Public Service Commission or the 598
Federal Communications Commission. 599
(n) "State Data Center" means one or more facilities 600
operated by ITS to provide information technology resources 601
requiring enterprise computing resources or any other ITS managed 602
information resources. 603
(o) "Information technology" means any technology as 604
defined by ITS, including, but not limited to, computer and/or 605
telecommunications equipment, systems or related services. 606
SECTION 8. Section 25-53-5, Mississippi Code of 1972, is 607
brought forward as follows: 608
25-53-5. The authority shall have the following powers, 609
duties, and responsibilities: 610
(a) The authority shall provide for the development of 611
plans for the efficient acquisition and utilization of information 612
technology by all agencies of state government, and provide for 613
their implementation. In so doing, the authority may use the ITS' 614
staff, at the discretion of the executive director of the 615
authority, or the authority may contract for the services of 616
qualified consulting firms in the field of information technology 617
and utilize the service of such consultants as may be necessary 618
for such purposes. 619
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(b) The authority shall immediately institute 620
procedures for carrying out the purposes of this chapter and 621
supervise the efficient execution of the powers and duties of the 622
executive director of the ITS. In the execution of its functions 623
under this chapter, the authority shall maintain as a paramount 624
consideration the successful internal organization and operation 625
of the several agencies so that efficiency existing therein shall 626
not be adversely affected or impaired. In executing its functions 627
in relation to the institutions of higher learning and junior 628
colleges in the state, the authority shall take into consideration 629
the special needs of such institutions in relation to the fields 630
of teaching and scientific research. 631
(c) The authority shall adopt rules, regulations, and 632
procedures governing the acquisition of information technology 633
which shall, to the fullest extent practicable, ensure the maximum 634
of competition between all manufacturers of supplies or equipment 635
or services. In the writing of specifications, in the making of 636
contracts relating to the acquisition of such information 637
technology, and in the performance of its other duties the 638
authority shall provide for the maximum compatibility of all 639
information systems hereafter installed or utilized by all state 640
agencies and may require the use of common computer languages 641
where necessary to accomplish the purposes of this chapter. The 642
authority may establish by regulation and charge reasonable fees 643
on a nondiscriminatory basis for the furnishing to bidders of 644
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copies of bid specifications and other documents issued by the 645
authority. 646
(d) The authority shall adopt rules and regulations 647
governing the sharing with, or the sale or lease of information 648
technology services to any nonstate agency or person. Such 649
regulations shall provide that any such sharing, sale or lease 650
shall be restricted in that same shall be accomplished only where 651
such services are not readily available otherwise within the 652
state, and then only at a charge to the user not less than the 653
prevailing rate of charge for similar services by private 654
enterprise within this state. 655
(e) The authority may, in its discretion, establish a 656
special technical advisory committee or committees to study and 657
make recommendations on matters within the competence of the 658
authority as the authority may see fit. Persons serving on any 659
such committees shall be entitled to receive their actual and 660
necessary expenses actually incurred in the performance of such 661
duties, together with mileage as provided by law for state 662
employees, provided the same has been authorized by a resolution 663
duly adopted by the authority and entered on its minutes prior to 664
the performance of such duties. For the purposes of this 665
paragraph, such committee meetings are exempt from the 666
requirements of Sections 25-41-1 through 25-41-17. 667
(f) The authority may provide for the development and 668
require the adoption of standardized computer programs and may 669
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provide for the dissemination of information to and the 670
establishment of training programs for the personnel of the 671
various information technology centers of state agencies and 672
personnel of the agencies utilizing the services thereof. 673
(g) The authority shall adopt reasonable rules and 674
regulations requiring the reporting to the authority through the 675
office of executive director of such information as may be 676
required for carrying out the purposes of this chapter and may 677
also establish such reasonable procedures to be followed in the 678
presentation of bills for payment under the terms of all contracts 679
for the acquisition of information technology now or hereafter in 680
force as may be required by the authority or by the executive 681
director in the execution of their powers and duties. 682
(h) The authority shall require such adequate 683
documentation of information technology procedures utilized by the 684
various state agencies and may require the establishment of such 685
organizational structures within state agencies relating to 686
information technology operations as may be necessary to 687
effectuate the purposes of this chapter. 688
(i) The authority may adopt such further reasonable 689
rules and regulations as may be necessary to fully implement the 690
purposes of this chapter. All rules and regulations adopted by 691
the authority shall be published in readily accessible form to all 692
affected state agencies, and to all current suppliers of computer 693
equipment and services to the state, and to all prospective 694
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suppliers requesting the same. Such rules and regulations shall 695
be kept current, be periodically revised, and copies thereof shall 696
be available at all times for inspection by the public at 697
reasonable hours in the offices of the authority. Whenever 698
possible no rule, regulation or any proposed amendment to such 699
rules and regulations shall be finally adopted or enforced until 700
copies of the proposed rules and regulations have been published. 701
(j) The authority shall establish rules and regulations 702
which shall provide for the submission of all contracts proposed 703
to be executed by the executive director for information 704
technology, including cloud computing, to the authority for 705
approval before final execution, and the authority may provide 706
that such contracts involving the expenditure of less than such 707
specified amount as may be established by the authority may be 708
finally executed by the executive director without first obtaining 709
such approval by the authority. 710
(k) The authority is authorized to consider new 711
technologies, such as cloud computing, to purchase, lease, or rent 712
information technology and to operate that information technology 713
when in its opinion such operation will provide maximum efficiency 714
and economy in the functions of any such agency or agencies. 715
(l) Upon the request of the governing body of a 716
political subdivision or instrumentality, the authority shall 717
assist the political subdivision or instrumentality in its 718
development of plans for the efficient acquisition and utilization 719
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of information technology. An appropriate fee shall be charged 720
the political subdivision by the authority for such assistance. 721
(m) The authority shall adopt rules and regulations 722
governing the protest procedures to be followed by any actual or 723
prospective bidder, offerer or contractor who is aggrieved in 724
connection with the solicitation or award of a contract for the 725
acquisition of information technology. Such rules and regulations 726
shall prescribe the manner, time and procedure for making protests 727
and may provide that a protest not timely filed shall be summarily 728
denied. The authority may require the protesting party, at the 729
time of filing the protest, to post a bond, payable to the state, 730
in an amount that the authority determines sufficient to cover any 731
expense or loss incurred by the state; however, in no event may 732
the amount of the bond required exceed a reasonable estimate of 733
the total project cost. The authority, in its discretion, also 734
may prohibit any prospective bidder, offerer or contractor who is 735
a party to any protest or litigation involving any such contract 736
with the state, the authority or any agency of the state to 737
participate in any other such bid, offer or contract, or to be 738
awarded any such contract, during the pendency of the protest or 739
litigation. 740
(n) The authority shall make a report in writing to the 741
Legislature each year in the month of January. Such report shall 742
contain a full and detailed account of the work of the authority 743
for the preceding year as specified in Section 25-53-29(3). 744
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All acquisitions of information technology involving the 745
expenditure of funds in excess of the dollar amount established in 746
Section 31-7-13(c), or rentals or leases in excess of the dollar 747
amount established in Section 31-7-13(c) for the term of the 748
contract, shall be based upon bid. The authority may reserve the 749
right to reject any or all bids, and if all bids are rejected, the 750
authority may negotiate a contract within the limitations of the 751
specifications so long as the terms of any such negotiated 752
contract are equal to or better than the lowest bidder, and so 753
long as the total cost to the State of Mississippi does not exceed 754
the lowest bid. If the authority accepts one (1) of such bids, it 755
shall be that which is the lowest and best. The provisions of 756
this paragraph shall not apply to acquisitions of information 757
technology equipment and services made by the Mississippi 758
Department of Health and the Mississippi Department of Revenue for 759
the purposes of implementing, administering and enforcing the 760
provisions of the Mississippi Medical Cannabis Act by June 30, 761
2024. 762
(o) When applicable, the authority may procure 763
information technology in accordance with the law or regulations, 764
or both, which govern the Bureau of Purchasing of the Office of 765
General Services or which govern the Mississippi Department of 766
Information Technology Services procurement of information 767
technology. 768
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(p) The authority is authorized to purchase, lease, or 769
rent information technology for the purpose of establishing pilot 770
projects to investigate emerging technologies. These acquisitions 771
shall be limited to new technologies and shall be limited to an 772
amount set by annual appropriation of the Legislature. These 773
acquisitions shall be exempt from the advertising and bidding 774
requirement. 775
(q) To promote the maximum use and benefit from 776
technology and services now in operation or which will in the 777
future be placed in operation and to identify opportunities, 778
minimize duplication, reduce costs and improve the efficiency of 779
providing common technology services the authority is authorized 780
to: 781
(i) Enter into master agreements for information 782
technology, including cloud computing, available for shared use by 783
state agencies, institutions of higher learning and governing 784
authorities; and 785
(ii) Enter into contracts for the acquisition of 786
information technology, including cloud computing, that have been 787
acquired by other entities, located within or outside of the State 788
of Mississippi, so long as it is determined by the authority to be 789
in the best interest of the state. The acquisitions provided in 790
this paragraph (q) shall be exempt from the advertising and 791
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 792
seq. 793
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(r) All fees collected by the Mississippi Department of 794
Information Technology Services shall be deposited into the 795
Mississippi Department of Information Technology Services 796
Revolving Fund unless otherwise specified by the Legislature. 797
(s) The authority shall work closely with the council 798
to bring about effective coordination of policies, standards and 799
procedures relating to procurement of remote sensing and 800
geographic information systems (GIS) resources. 801
(t) The authority shall manage one or more State Data 802
Centers to provide information technology services on a 803
cost-sharing basis. In determining the appropriate services to be 804
provided through the State Data Center, the authority should 805
consider those services that: 806
(i) Result in savings to the state as a whole; 807
(ii) Improve and enhance the security and 808
reliability of the state's information and business systems; and 809
(iii) Optimize the efficient use of the state's 810
information technology assets, including, but not limited to, 811
promoting partnerships with the state institutions of higher 812
learning and community colleges to capitalize on advanced 813
information technology resources. 814
(u) The authority shall oversee the Mississippi 815
Statewide Data Exchange, ensuring compliance with the requirements 816
of Section 25-53-281. The Department of Information Technology 817
Services shall have the authority to promulgate rules and 818
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regulations necessary to develop, implement and oversee the 819
Mississippi Statewide Data Exchange. The department shall engage 820
with state agencies and other stakeholders to identify 821
data-sharing opportunities and address potential barriers. 822
Additionally, the department shall establish a Chief Information 823
Officer (CIO) Council, composed of information technology 824
leadership from state agencies, to provide strategic oversight, 825
promote interoperability and recommend policies to enhance the 826
effectiveness and security of statewide data-sharing initiatives. 827
(v) The authority shall increase federal participation 828
in the cost of the State Data Center to the extent provided by law 829
and its shared technology infrastructure through providing such 830
shared services to agencies that receive federal funds. With 831
regard to state institutions of higher learning and community 832
colleges, the authority may provide shared services when mutually 833
agreeable, following a determination by both the authority and the 834
Board of Trustees of State Institutions of Higher Learning or the 835
Mississippi Community College Board, as the case may be, that the 836
sharing of services is mutually beneficial. 837
(w) The authority, in its discretion, may require new 838
or replacement agency business applications to be hosted at the 839
State Data Center. With regard to state institutions of higher 840
learning and community colleges, the authority and the Board of 841
Trustees of State Institutions of Higher Learning or the 842
Mississippi Community College Board, as the case may be, may agree 843
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that institutions of higher learning or community colleges may 844
utilize business applications that are hosted at the State Data 845
Center, following a determination by both the authority and the 846
applicable board that the hosting of those applications is 847
mutually beneficial. In addition, the authority may establish 848
partnerships to capitalize on the advanced technology resources of 849
the Board of Trustees of State Institutions of Higher Learning or 850
the Mississippi Community College Board, following a determination 851
by both the authority and the applicable board that such a 852
partnership is mutually beneficial. 853
(x) The authority shall provide a periodic update 854
regarding reform-based information technology initiatives to the 855
Chairmen of the House and Senate Accountability, Efficiency and 856
Transparency Committees. 857
From and after July 1, 2018, the expenses of this agency 858
shall be defrayed by appropriation from the State General Fund. 859
In addition, in order to receive the maximum use and benefit from 860
information technology and services, expenses for the provision of 861
statewide shared services that facilitate cost-effective 862
information technology shall be defrayed by pass-through funding 863
and shall be deposited into the Mississippi Department of 864
Information Technology Services Revolving Fund unless otherwise 865
specified by the Legislature. These funds shall only be utilized 866
to pay the actual costs incurred by the Mississippi Department of 867
Information Technology Services for providing these shared 868
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services to state agencies. Furthermore, state agencies shall 869
work in full cooperation with the Board of the Mississippi 870
Department of Information Technology Services to identify 871
information technology to minimize duplication, reduce costs, and 872
improve the efficiency of providing common technology services 873
across agency boundaries. 874
SECTION 9. Section 25-53-7, Mississippi Code of 1972, is 875
brought forward as follows: 876
25-53-7. (1) The membership of the authority shall be 877
composed of five (5) members to be appointed by the Governor with 878
the advice and consent of the Senate. The initial terms of the 879
members shall be for one (1), two (2), three (3), four (4) and 880
five (5) years, respectively, and thereafter all terms shall be 881
for five (5) years. Each member may continue to serve for a 882
period not to exceed twelve (12) months after the expiration of 883
his term if his successor is not duly appointed. The initial 884
appointments to the reconstituted authority shall be made no later 885
than June 30, 1984, for terms to begin on July 1, 1984. Vacancies 886
shall be filled in the same manner as original appointments for 887
the unexpired portion of the term vacated. Each member of the 888
authority shall have a minimum of four (4) years' experience in an 889
information technology-related executive position or prior service 890
as a member of the authority. 891
(2) Each member of the authority shall be required to 892
furnish a surety bond in the minimum amount of Fifty Thousand 893
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Dollars ($50,000.00) to be approved by the Secretary of State, 894
conditioned according to law and payable to the State of 895
Mississippi, before entering upon his duties. The premiums on 896
such bonds shall be paid from any funds available to the authority 897
for such purpose. 898
(3) No member of the authority, nor its executive director, 899
shall, during his term as such member or director, have any 900
substantial beneficial interest in any corporation or other 901
organization engaged in the information technology business either 902
as manufacturer, supplier, lessor, or otherwise. All members and 903
the executive director shall fully disclose in writing any such 904
beneficial interest, and such disclosure shall be entered on the 905
minutes of the authority. 906
(4) The Lieutenant Governor may designate one (1) Senator 907
and the Speaker of the House of Representatives may designate one 908
(1) Representative to attend any meeting of the authority. The 909
appointing authorities may designate an alternate member from 910
their respective houses to serve when the regular designee is 911
unable to attend such meetings of the authority. Such legislative 912
designees shall have no jurisdiction or vote on any matter within 913
the jurisdiction of the authority. For attending meetings of the 914
authority, such legislators shall receive per diem and expenses 915
which shall be paid from the contingent expense funds of their 916
respective houses in the same amounts as provided for committee 917
meetings when the Legislature is not in session; however, no per 918
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diem and expenses for attending meetings of the authority will be 919
paid while the Legislature is in session. No per diem and 920
expenses will be paid except for attending meetings of the 921
authority without prior approval of the proper committee in their 922
respective houses. 923
SECTION 10. Section 25-53-9, Mississippi Code of 1972, is 924
brought forward as follows: 925
25-53-9. The members of the authority shall be compensated 926
by a per diem as is authorized by Section 25-3-69 for each day 927
spent in actual discharge of their duties, and shall be reimbursed 928
for mileage and actual expenses incurred in the performance of 929
their duties as provided in Section 25-3-41. No authority member 930
may incur per diem, travel, or other expenses unless previously 931
authorized by vote at a meeting of the authority, which action 932
shall be recorded in the official minutes of said meeting. 933
SECTION 11. Section 25-53-11, Mississippi Code of 1972, is 934
brought forward as follows: 935
25-53-11. The authority shall meet regularly at a place 936
designated by it once each calendar month and shall meet at such 937
other times as may be set upon call of the chairman or a majority 938
of the members of the authority. At its first meeting, the 939
authority shall organize and elect a chairman and vice chairman 940
and, as soon as practicable thereafter, the authority shall adopt 941
such rules and regulations, not contrary to the provisions of this 942
chapter and the other laws of the State of Mississippi, as shall 943
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be necessary and proper to govern its proceedings. The authority 944
may either elect a secretary from among its membership or delegate 945
the executive director or another employee of the authority as its 946
secretary. 947
SECTION 12. Section 25-53-13, Mississippi Code of 1972, is 948
brought forward as follows: 949
25-53-13. In order to have a quorum for a meeting of the 950
authority, at least three (3) members of the authority must be 951
present. 952
SECTION 13. Section 25-53-15, Mississippi Code of 1972, is 953
brought forward as follows: 954
25-53-15. Any member of the authority may have his vote on 955
any question before the authority recorded on the minutes thereof 956
at the time of the vote, and a member of the authority who votes 957
against an illegal or unauthorized expenditure of funds may not be 958
held liable therefor. 959
SECTION 14. Section 25-53-17, Mississippi Code of 1972, is 960
brought forward as follows: 961
25-53-17. The authority shall keep full, complete, and 962
permanent minutes and records of all its proceedings, including 963
the rules and regulations adopted by it, and said minutes shall be 964
signed by the chairman, or vice-chairman, and attested by the 965
secretary. 966
SECTION 15. Section 25-53-19, Mississippi Code of 1972, is 967
brought forward as follows: 968
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25-53-19. The authority shall select an executive director, 969
with the advice and consent of the Senate, who shall be the 970
administrative officer of the authority and shall perform such 971
duties as are required of him by law and such other duties as may 972
be assigned him by the authority, and who shall receive such 973
compensation as may be fixed by the authority, subject to the 974
approval of the state personnel board. In addition, he shall be 975
entitled to remuneration for his necessary traveling expenses 976
consistent with general law. 977
The executive director shall be a graduate of an accredited 978
university with a degree in engineering, business administration, 979
electronic communications, information technology or a related 980
field, with at least ten (10) years' experience in information 981
technology, electronic communications, or a related field, of 982
which at least five (5) years shall be in a responsible high level 983
management position with a demonstrated record of management 984
expertise demonstrated through knowledge in the application of 985
information technology and electronic communications. The 986
qualifications for the executive director prescribed herein shall 987
not apply to the executive director serving on June 30, 1984. 988
The executive director shall have no vote in the decisions of 989
said authority, but shall offer such professional or technical 990
advice and assistance to the authority as may be required of him. 991
Said executive director, in order to qualify for his position, 992
shall be required to make a good and sufficient bond in some 993
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surety company qualified and doing business in the State of 994
Mississippi, in the minimum penal sum of Fifty Thousand Dollars 995
($50,000.00) conditioned upon the faithful performance of his 996
duties as required by law and the directives of the authority. 997
The premium on said bond shall be paid from any funds available to 998
the authority for such purpose. Said executive director may be 999
removed at any time upon a majority vote of the membership of said 1000
authority. 1001
The executive director, with the approval of the authority, 1002
shall employ such technical, professional, and clerical help as 1003
may be authorized by the authority; and the authority, upon the 1004
recommendation of the executive director, shall define the duties 1005
and fix the compensation of such employees. 1006
SECTION 16. Section 25-53-21, Mississippi Code of 1972, is 1007
brought forward as follows: 1008
25-53-21. The executive director shall have the following 1009
duties, responsibilities and authority: 1010
(a) He shall conduct continuing studies of all 1011
information technology activities carried out by all agencies of 1012
the state and shall develop a long-range plan for the efficient 1013
and economical performance of such activities in state government. 1014
Such plan shall be submitted to the authority for its approval 1015
and, having been approved by the authority, shall be implemented 1016
by the executive director and all state agencies. Such plan shall 1017
be continuously reviewed and modifications thereof shall be 1018
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proposed to the authority by the executive director as 1019
developments in information technology techniques and changes in 1020
the structure, activities, and functions of state government may 1021
require. 1022
(b) He shall review the purchasing practices of all 1023
state agencies in the area of the purchasing of supplies for 1024
information technology and make recommendations to the authority 1025
for the institution of purchasing procedures which will ensure the 1026
most economical procurement of such supplies commensurate with the 1027
efficient operation of all departments and agencies of state 1028
government. 1029
(c) He shall see that all reports required of all 1030
agencies are promptly and accurately made in accordance with the 1031
rules and regulations adopted by the authority. Either in person 1032
or through his authorized agents, he shall make such inspections 1033
of information technology operations being conducted by any of the 1034
agencies of the state as may be necessary for the performance of 1035
his duties. 1036
(d) He shall suggest and cause to be brought about 1037
cooperation between the several state agencies in order to provide 1038
efficiency in information technology operation. He shall, 1039
together with the heads of the agencies involved, reduce to 1040
writing and execute cooperative plans for the acquisition and 1041
operation of information technology equipment, and any such plan 1042
so adopted shall be carried out in accordance with the provisions 1043
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of such plan unless the same shall be amended by the joint action 1044
of the executive director and the heads of agencies involved. The 1045
executive director shall report to the authority the details of 1046
any plan so adopted and all amendments or modifications thereof, 1047
and shall otherwise report to the authority any failure on the 1048
part of any agency to carry out the provisions of such plan. In 1049
the event the head of any agency involved or the executive 1050
director shall propose amendments to a plan so adopted and such 1051
amendment is disapproved by the head of another agency involved or 1052
the executive director, an appeal may be taken to the authority 1053
which may, after full consideration thereof, order the adoption of 1054
the proposed amendment or any modification thereof. The executive 1055
director shall make decisions on all questions of the division of 1056
the cost of information technology operations among the several 1057
agencies, but his findings shall be subject to the approval or 1058
modification by the authority on appeal to it. 1059
(e) He shall review all contracts for acquisition of 1060
information technology now or hereafter in force and may require 1061
the renegotiation, termination, amendment or execution of any such 1062
contracts in proper form and in accordance with the policies and 1063
rules and regulations and subject to the direction of the 1064
authority. A contract that expires by its terms may be renewed if 1065
it is the intent of all parties to renew the contract within a 1066
reasonable timeframe. In the negotiation and execution of such 1067
contracts, the executive director may negotiate a limitation on 1068
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the liability to the state of prospective contractors provided 1069
such limitation affords the state reasonable protection and the 1070
limitation is approved by the state entity for whom the 1071
acquisition is being made. For purposes of this section, 1072
reasonable protection does not include limitations on intentional 1073
torts, negligence, death, bodily injury, bad faith, breach of 1074
state data, infringement issues and damage to tangible state 1075
property. 1076
(f) He shall act as the purchasing and contracting 1077
agent for the State of Mississippi in the negotiation and 1078
execution of all contracts for the acquisition of information 1079
technology. He shall receive, review, and promptly approve or 1080
disapprove all requests of agencies of the state for the 1081
acquisition of information technology, which are submitted in 1082
accordance with rules and regulations of the authority. In the 1083
event that any such request is disapproved, he shall immediately 1084
notify the requesting agency and the members of the authority in 1085
writing of such disapproval, stating his reasons therefor. The 1086
disapproval of any request by the executive director of the 1087
authority may be appealed to the authority in such manner as may 1088
be authorized by such reasonable rules and regulations hereby 1089
authorized to be adopted by the authority. The executive director 1090
shall report the approval of all such requests to the authority in 1091
such manner as may be directed by the authority, and shall execute 1092
any such contracts only after complying with rules and regulations 1093
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which may be adopted by the authority in relation thereto. Any 1094
contracts for personal or professional services entered into by 1095
the executive director shall be exempted from the requirements of 1096
Section 25-9-120(3) relating to submission of such contract to the 1097
State Personal Service Contract Review Board. 1098
(g) He shall suggest and cause to be brought about 1099
cooperation between the several state agencies, departments and 1100
institutions in order that work may be done by one agency for 1101
another agency, and equipment in one agency may be made available 1102
to another agency, and suggest and cause to be brought about such 1103
improvements as may be necessary in joint or cooperative 1104
information technology operations. 1105
(h) He shall be designated as the "Chief Information 1106
Confidentiality Officer" after being duly sworn to the oath of 1107
this office by the chairman of the authority and shall be 1108
responsible for administering the oath to other qualified officers 1109
he may designate. 1110
(i) He shall appoint employees of the Mississippi 1111
Department of Information Technology Services, or at his 1112
discretion, employees of other state agencies and institutions 1113
that are responsible for handling or processing data for any 1114
agency or institution other than that for which they are employed, 1115
to a position of information custodial care that shall be known as 1116
"Information Confidentiality Officer." The selection and swearing 1117
of all officers shall be reported to the authority at the next 1118
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regular meeting and names, affirmation dates and employment dates 1119
shall be recorded in the permanent minutes of the authority. 1120
SECTION 17. Section 25-53-23, Mississippi Code of 1972, is 1121
brought forward as follows: 1122
25-53-23. The authority shall act upon all appeals of 1123
decisions made by the executive director thereof and shall, upon 1124
such appeals, approve or disapprove such administrative actions as 1125
may be taken by him. The form of an appeal to the full authority 1126
from an action or recommendation of the executive director thereof 1127
shall be a written communication from the executive head of the 1128
agency or agencies involved to the chairman of the authority, 1129
stating the objection and a request to appear before the full 1130
authority to present the case in point, on which appeal the 1131
authority shall take such action as is indicated by the facts 1132
presented to or made available to the authority. 1133
SECTION 18. Section 25-53-25, Mississippi Code of 1972, is 1134
brought forward as follows: 1135
25-53-25. (1) Except as otherwise provided in Section 1136
25-53-5, 25-53-25(5) or any other provision of law, nothing in 1137
this chapter shall be construed to imply exemption from the public 1138
purchases law, being Section 31-7-1 et seq. 1139
(2) The authority may establish policies and procedures for 1140
the purpose of delegating the acquisition and contracting 1141
responsibilities related to the procurement of information 1142
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technology to the purchasing agency. Such policies and procedures 1143
must address the following issues: 1144
(a) Establish categories of equipment or services 1145
affected; 1146
(b) Establish maximum unit and/or ceiling prices of 1147
such procurements; 1148
(c) Establish reporting, monitoring and control of such 1149
procurements; and 1150
(d) Establish other such rules and regulations as 1151
necessary to fully implement the purposes of this section. 1152
Nothing in this subsection shall be construed to imply exemption 1153
from the public purchases law, being Section 31-7-1 et seq. 1154
(3) Acquisitions of information technology by institutions 1155
of higher learning or junior colleges wholly with federal funds 1156
and not with state general funds shall be exempt from the 1157
provisions of this chapter; however, nothing in this subsection 1158
shall be construed to imply an exemption of such acquisitions from 1159
the public purchases law, being Section 31-7-1 et seq. 1160
(4) [Repealed] 1161
(5) Acquisitions of information technology made by agencies 1162
while exempt from the public purchasing requirements of this 1163
chapter and/or as specified in the authority's regulations shall 1164
remain exempt until a new acquisition is required, as determined 1165
by ITS. 1166
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SECTION 19. Section 25-53-29, Mississippi Code of 1972, is 1167
brought forward as follows: 1168
25-53-29. (1) For the purposes of this section the term 1169
"bureau" shall mean the "Mississippi Department of Information 1170
Technology Services." The authority shall have the following 1171
powers and responsibilities to carry out the establishment of 1172
policy and provide for long-range planning and consulting: 1173
(a) Provide a high level of technical expertise for 1174
agencies, institutions, political subdivisions and other 1175
governmental entities as follows: planning; consulting; project 1176
management; systems and performance review; system definition; 1177
design; application programming; training; development and 1178
documentation; implementation; maintenance; and other tasks as may 1179
be required, within the resources available to the bureau. 1180
(b) Publish written planning guides, policies and 1181
procedures for use by agencies and institutions in planning future 1182
information technology. The bureau may require agencies and 1183
institutions to submit data, including periodic electronic 1184
equipment inventory listings, information on agency staffing, 1185
systems under study, planned applications for the future, and 1186
other information needed for the purposes of preparing the state 1187
master plan. The bureau may require agencies and institutions to 1188
submit any additional data required for purposes of preparing the 1189
state master plan. 1190
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(c) Inspect agency facilities and equipment, interview 1191
agency employees and review records at any time deemed necessary 1192
by the bureau for the purpose of identifying cost-effective 1193
applications of electronic information technology. Upon 1194
conclusion of any inspection, the bureau shall issue a management 1195
letter containing cost estimates and recommendations to the agency 1196
head and governing board concerning applications identified that 1197
would result in staff reductions, other monetary savings and 1198
improved delivery of public services. 1199
(d) Conduct classroom and on-site training for end 1200
users for applications and systems developed by the bureau. 1201
(e) Provide consulting services to agencies and 1202
institutions or Mississippi governmental subdivisions requesting 1203
technical assistance in information technology. The bureau may 1204
submit proposals and enter into contracts to provide services to 1205
agencies and institutions or governmental subdivisions for such 1206
purposes. 1207
(2) The bureau shall annually issue a three-year master plan 1208
in writing to the Governor, available on request to any member of 1209
the Legislature, including recommended statewide strategies and 1210
goals for the effective and efficient use of information 1211
technology in state government. The report shall also include 1212
recommended information policy actions and other recommendations 1213
for consideration by the Governor and members of the Legislature. 1214
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(3) The bureau shall make an annual report in writing to the 1215
Governor, available on request to any member of the Legislature, 1216
to include a full and detailed account of the work of the 1217
authority for the preceding year. The report shall contain 1218
recommendations to agencies and institutions resulting from 1219
inspections or consulting contracts. The report shall also 1220
contain a summary of the master plan, progress made, and 1221
legislative and policy recommendations for consideration by the 1222
Governor and members of the Legislature. 1223
(4) The bureau may charge fees to agencies and institutions 1224
for services rendered to them. The bureau may charge fees to 1225
vendors to recover the cost of providing procurement services and 1226
the delivery of procurement awards to public bodies. The amounts 1227
of such fees shall be set by the authority upon recommendation of 1228
the Executive Director of the ITS, and all such fees collected 1229
shall be paid into the fund established for carrying out the 1230
purposes of this section. 1231
(5) The bureau may, from time to time, at the discretion of 1232
the Executive Director of ITS, contract with firms or qualified 1233
individuals to be used to augment the bureau's professional staff 1234
in order to assure timely completion and implementation of 1235
assigned tasks, provided that funds are available in the fund 1236
established for carrying out the purposes of this section. Such 1237
individuals may be employees of any agency, bureau or institution 1238
provided that these individuals or firms meet the requirements of 1239
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other individuals or firms doing business with the state through 1240
the ITS. Individuals who are employees of an agency or 1241
institution may contract with the ITS only with the concurrence of 1242
the agency or institution for whom they are employed. 1243
From and after July 1, 2018, the expenses of this agency 1244
shall be defrayed by appropriation from the State General Fund. 1245
In addition, in order to receive the maximum use and benefit from 1246
information technology, expenses for the provision of statewide 1247
shared services that facilitate cost-effective information 1248
processing and telecommunication solutions shall be defrayed by 1249
pass-through funding and shall be deposited into the Mississippi 1250
Department of Information Technology Services Revolving Fund 1251
unless otherwise specified by the Legislature. These funds shall 1252
only be utilized to pay the actual costs incurred by the ITS for 1253
providing these shared services to state agencies. Furthermore, 1254
state agencies shall work in full cooperation with the ITS to 1255
identify information technology to minimize duplication, reduce 1256
costs, and improve the efficiency of providing common technology 1257
services across agency boundaries. 1258
SECTION 20. Section 25-53-51, Mississippi Code of 1972, is 1259
brought forward as follows: 1260
25-53-51. (1) To qualify for the position of information 1261
confidentiality officer a person must: 1262
(a) Be an employee of a state agency or institution in 1263
a position such that his duties require him to handle or process 1264
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or supervise the handling or processing of data in conjunction 1265
with the use of automated information technology equipment for an 1266
agency or institution other than that for whom he is regularly 1267
employed. 1268
(b) Have been continuously employed for a period of at 1269
least one hundred eighty (180) days by such agency or institution 1270
or have successfully been cleared for employment through an 1271
investigation that shall consist of a determination as to good 1272
moral character and that the prospective employee has not been 1273
convicted of a felony. In order to determine the applicant's 1274
suitability for employment at the Mississippi Department of 1275
Information Technology Services, the applicant shall be 1276
fingerprinted. If no disqualifying record is identified at the 1277
state level, the fingerprints shall be forwarded by the 1278
Mississippi Department of Public Safety to the Federal Bureau of 1279
Investigation for a national criminal history record check. A 1280
prospective employee may be provisionally employed based on a 1281
reference check by the employing agency pending final receipt of 1282
the results of a national criminal history record check for a 1283
period not to exceed one hundred eighty (180) days. 1284
(c) Successfully complete a suitable instructional 1285
course on the subjects of information security, privacy and 1286
confidentiality and protection, to be developed and taught under 1287
the supervision of the executive director. An employee may work 1288
in a provisional capacity under the direct supervision of an 1289
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information confidentiality officer as part of an on-the-job 1290
training program while completing instructional requirements, for 1291
a period not to exceed ninety (90) days. 1292
(d) Be duly sworn to the following oath: "I, ______, 1293
do solemnly swear to protect and uphold the confidentiality of all 1294
information that may come to my knowledge that is designated as 1295
'confidential information' by another state agency or institution 1296
for which I may handle or process in the normal course of my 1297
duties. I swear to exercise reasonable care in the handling and 1298
processing of all such designated data and further that I will not 1299
reveal or otherwise divulge information from such data obtained. 1300
I understand that proven violation of this oath will subject me to 1301
forfeiture of my bond and dismissal from employment." 1302
(2) In order to maintain appropriate liability insurance 1303
necessary to cover damages for any nonmalicious act, the 1304
Department of Information Technology Services will work in 1305
conjunction with the Tort Claims Board. 1306
(3) In order to clear vendors, such as maintenance 1307
personnel, security personnel, cleaning personnel, contractors and 1308
other vendors with a valid need to gain access into the State Data 1309
Centers and campus, the department shall determine these 1310
individuals have not been convicted of a felony through a 1311
fingerprint-based criminal history background check. If no 1312
disqualifying record is identified at the state level, the 1313
fingerprints shall be forwarded by the Department of Public Safety 1314
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to the Federal Bureau of Investigation for a national criminal 1315
history record check. 1316
SECTION 21. Section 25-53-53, Mississippi Code of 1972, is 1317
brought forward as follows: 1318
25-53-53. Information and data shall be considered public 1319
record information and data and receive normal handling and 1320
processing unless designated as "confidential information" by the 1321
agency and institution originating the data. Information and data 1322
designated as "confidential information" will receive special 1323
handling based on procedures agreed to by the executive director 1324
and the agency or institution head and shall be handled in 1325
accordance with the oath subscribed to by the confidentiality 1326
officer. 1327
SECTION 22. Section 25-53-55, Mississippi Code of 1972, is 1328
brought forward as follows: 1329
25-53-55. Upon written complaint of any person claiming to 1330
be adversely affected by disclosure of confidential information by 1331
any information confidentiality officer, the director shall give 1332
notice to the information confidentiality officer of the fact that 1333
such complaint has been filed and shall give such notice to the 1334
Chairman of the Mississippi Department of Information Technology 1335
Services, who shall call a meeting of the members of the authority 1336
for the purpose of hearing such complaint. The authority shall 1337
then conduct an investigation into the matter and shall afford to 1338
the complaining party and the information confidentiality officer 1339
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a hearing, of which reasonable notice shall be given. For 1340
purposes of such hearing, the authority, under signature of the 1341
secretary of the authority attested by the chairman, shall have 1342
the power to subpoena witnesses and documentary or other evidence. 1343
After such hearing, if the authority, based upon substantial 1344
evidence, shall find that the information confidentiality officer 1345
has disclosed confidential information in violation of his oath, 1346
the authority shall enter such finding of fact on its minutes and 1347
the information confidentiality officer shall be immediately 1348
discharged from employment. If the authority shall find that such 1349
oath has not been violated, it shall, likewise, enter such finding 1350
on its minutes and the complaint shall be dismissed. The finding 1351
of the authority shall be prima facie evidence of the truth 1352
thereof in any judicial procedure seeking forfeiture of the bond 1353
of such information confidentiality officer. 1354
SECTION 23. Section 25-53-57, Mississippi Code of 1972, is 1355
brought forward as follows: 1356
25-53-57. An information confidentiality officer shall be 1357
considered a legal agent of the agency or institution and for the 1358
purposes of Sections 25-53-51 through 25-53-59 shall be considered 1359
to be an employee of the agency or institution for which he may be 1360
processing data at that particular time. 1361
SECTION 24. Section 25-53-59, Mississippi Code of 1972, is 1362
brought forward as follows: 1363
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25-53-59. Any information confidentiality officer who shall 1364
intentionally and willfully violate his oath by releasing or 1365
divulging confidential information without proper authority shall 1366
be guilty of a misdemeanor and sentenced to not exceeding one (1) 1367
year in jail or a fine of not exceeding One Thousand Dollars 1368
($1,000.00), or both. 1369
SECTION 25. Section 25-53-101, Mississippi Code of 1972, is 1370
brought forward as follows: 1371
25-53-101. The Legislature hereby declares it essential to 1372
the creation and maintenance of an efficient, modern, economically 1373
feasible, telecommunications system that there should be full 1374
cooperation and cohesive planning and effort by and between the 1375
several state agencies and that it is the responsibility of the 1376
said Legislature to provide statutory authority therefor. The 1377
Legislature, therefore, declares and determines that the 1378
responsibility for these and other related purposes shall be 1379
vested in the Mississippi Department of Information Technology 1380
Services. 1381
SECTION 26. Section 25-53-105, Mississippi Code of 1972, is 1382
brought forward as follows: 1383
25-53-105. The Mississippi Department of Information 1384
Technology Services shall administer the provisions of Sections 1385
25-53-109 through 25-53-125. The purposes and aims of the 1386
Mississippi Department of Information Technology Services in 1387
carrying out said provisions shall be to coordinate and promote 1388
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efficiency in the acquisition, operation and maintenance of all 1389
telecommunications systems and networks being used by agencies of 1390
the state and further to coordinate the compatibility of systems 1391
and networks to the state with those of governing authorities so 1392
as to promote a uniform, compatible telecommunications system for 1393
agencies and governing authorities. 1394
SECTION 27. Section 25-53-107, Mississippi Code of 1972, is 1395
brought forward as follows: 1396
25-53-107. (1) The Mississippi Department of Information 1397
Technology Services shall promulgate rules and regulations 1398
governing the manner in which the authority and duties prescribed 1399
by Sections 25-53-101 through 25-53-125 shall be carried out. It 1400
shall employ competent personnel necessary to carry out its 1401
purposes, under rules promulgated by the State Personnel Board. 1402
(2) The bureau, during a fiscal year, may utilize 1403
time-limited escalated positions in order to implement 1404
telecommunications enterprise decisions that yield cost avoidance, 1405
cost reductions or revenue increases and so long as the 1406
Mississippi Department of Information Technology Services can 1407
provide the necessary funds without such action causing a 1408
telephone service rate increase to agency customers. Such 1409
employees of the bureau shall be considered nonstate service 1410
employees, shall be highly qualified telecommunications 1411
professionals and may be compensated at a rate comparable to the 1412
prevailing rate of telecommunications personnel in the private 1413
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sector. Such compensation rates shall be determined by the State 1414
Personnel Director. The number of such positions shall be set by 1415
annual appropriation legislation. The compensation and 1416
classification of such positions and qualifications of employees 1417
shall be set by the State Personnel Board upon recommendation by 1418
the Executive Director of the Mississippi Department of 1419
Information Technology Services. Nonstate service positions can 1420
be recommended for conversion to permanent state service on a case 1421
by case basis if the supported function appears long-term in 1422
duration, if accomplished in accordance with State Personnel Board 1423
procedures, and if properly identified in the state budgetary 1424
process. 1425
SECTION 28. Section 25-53-109, Mississippi Code of 1972, is 1426
brought forward as follows: 1427
25-53-109. The bureau is hereby authorized and empowered to 1428
exercise such duties and powers necessary to effectuate the 1429
purposes of Sections 25-53-101 through 25-53-125 including the 1430
following: 1431
(a) Form an advisory council made up of persons with 1432
expertise, and experience in the field of telecommunications for 1433
the purpose of setting goals, establishing long-range plans and 1434
policies and to oversee and assist in the procurement activities 1435
regarding telecommunications equipment and services; 1436
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(b) Provide more effective management of state 1437
telecommunications resources and implement long-range plans and 1438
procurement; 1439
(c) Manage, plan and coordinate all telecommunications 1440
systems under the jurisdiction of the state. This centralized 1441
management function would be provided throughout the following 1442
activities: 1443
(i) Administration of existing systems including 1444
coordination of activities, vendors, service orders and 1445
billing/record-keeping functions; 1446
(ii) Planning of new systems or services; 1447
(iii) Design of replacement systems; 1448
(iv) Project management during specification 1449
writing, bid letting, proposal evaluation and contract 1450
negotiations; 1451
(v) Implementation supervision of new systems and 1452
ongoing support; 1453
(vi) Implementation of long-term state plans; and 1454
(vii) Management of intra-LATA and inter-LATA 1455
networks. 1456
SECTION 29. Section 25-53-111, Mississippi Code of 1972, is 1457
brought forward as follows: 1458
25-53-111. The bureau shall have the following additional 1459
duties: 1460
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(a) To establish and coordinate through either state 1461
ownership or commercial leasing, all telecommunications systems 1462
and services affecting the management and operations of the state. 1463
(b) To act as the sole centralized customer for the 1464
acquisition, billing and record keeping of all telecommunications 1465
systems or services provided to state agencies whether obtained 1466
through lease or purchase. 1467
(c) To charge respective user agencies for their 1468
proportionate cost of the installation, maintenance and operation 1469
of the telecommunications systems and services, including the 1470
operation of the bureau. 1471
(d) To offer or provide transmission, switch and 1472
network services on a reimbursable basis to agencies financed 1473
entirely by federal funds, to governing authorities and to other 1474
governmental agencies. 1475
(e) To approve or provide state telephone services on a 1476
reimbursable basis to full-time students at state institutions of 1477
higher learning and junior colleges, including where such services 1478
are provided by the state or the institution. 1479
(f) To develop coordinated telecommunications systems 1480
or services within and among all state agencies and require, where 1481
appropriate, cooperative utilization of telecommunications 1482
equipment and services by aggregating users. Where such 1483
cooperative utilization of telecommunications system or service 1484
would affect an agency authorized to receive information from the 1485
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National Crime Information Center of the Federal Bureau of 1486
Investigation, such plans for cooperative utilization shall first 1487
be approved by the National Crime Information Center before 1488
implementation of such telecommunications systems or service can 1489
proceed. 1490
(g) To review, coordinate, approve or disapprove all 1491
requests by state agencies for the procurement, through purchase 1492
or contract for lease of telecommunications systems or services 1493
including telecommunication proposals, studies and consultation 1494
contracts and intra-LATA and inter-LATA transmission channels. 1495
(h) To establish and define telecommunications systems 1496
and services specifications and designs so as to assure 1497
compatibility of telecommunications systems and services within 1498
state government and governing authorities. 1499
(i) To provide a continuous, comprehensive analysis and 1500
inventory of telecommunications costs, facilities and systems 1501
within state government. 1502
(j) To promote, coordinate or assist in the design and 1503
engineering of emergency telecommunications systems, including but 1504
not limited to "911" service, emergency medical services and other 1505
emergency telecommunications services. 1506
(k) To advise and provide consultation to agencies and 1507
governing authorities with respect to telecommunications 1508
management planning and related matters and to provide training to 1509
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users within state government in telecommunications technology and 1510
system use. 1511
(l) To develop policies, procedures and long-range 1512
plans, consistent with the protection of citizens' rights to 1513
privacy and access to information, for the acquisition and use of 1514
telecommunications systems, and to base such policies on current 1515
information about state telecommunications activities in relation 1516
to the full range of emerging technologies. 1517
Any state agency requesting an increase in expenditure of 1518
funds for new telecommunications equipment systems or services 1519
shall submit to the Legislative Budget Office with its budget 1520
request preceding the fiscal year for which funding is requested 1521
detailed justification for such request. The justification shall 1522
be provided on forms developed by the bureau in accordance with 1523
the Administrative Procedure Act. In addition, all state agencies 1524
shall submit to the bureau, when requested, a long-range plan for 1525
use of telecommunications equipment, systems and services. 1526
SECTION 30. Section 25-53-113, Mississippi Code of 1972, is 1527
brought forward as follows: 1528
25-53-113. Each and every agency of the state shall give 1529
full cooperation to the bureau in furnishing all information of 1530
any kind as it pertains to telecommunications. 1531
SECTION 31. Section 25-53-115, Mississippi Code of 1972, is 1532
brought forward as follows: 1533
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25-53-115. No agency shall rent, lease, lease/purchase, 1534
purchase or in any way own or pay for the operation of any 1535
telecommunications system out of any funds available for the use 1536
by that agency without the written approval of the bureau. 1537
SECTION 32. Section 25-53-117, Mississippi Code of 1972, is 1538
brought forward as follows: 1539
25-53-117. No agency shall be permitted to obligate the 1540
state to any vendor source for a telecommunications system of any 1541
kind. All transactions dealing with a telecommunications system 1542
shall be conducted through the bureau, and any vendor found in 1543
violation of this policy may be prohibited from bidding on such 1544
systems for a period of time commensurate with the severity of the 1545
violation. Provided, however, that this period shall not exceed 1546
twenty-four (24) months. 1547
SECTION 33. Section 25-53-119, Mississippi Code of 1972, is 1548
brought forward as follows: 1549
25-53-119. The bureau shall, subject to the provisions of 1550
Sections 25-53-101 through 25-53-125, have sole authority and 1551
responsibility for defining the specific telecommunications 1552
equipment, systems and related services to which the provisions of 1553
Sections 25-53-101 through 25-53-125 shall be applicable. 1554
However, the provisions of Sections 25-53-101 through 25-53-125 1555
shall not be applicable with respect to computer and 1556
telecommunications equipment, systems and related services that 1557
are only available from a sole source. 1558
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SECTION 34. Section 25-53-121, Mississippi Code of 1972, is 1559
brought forward as follows: 1560
25-53-121. (1) The types of contracts permitted in the 1561
procurement of telecommunications equipment, systems and related 1562
services are defined herein, and the provisions in Sections 1563
25-53-101 through 25-53-125 and 25-53-5 supplement the provisions 1564
of Chapter 7, Title 31, Mississippi Code of 1972. 1565
(2) The Mississippi Department of Information Technology 1566
Services may, on behalf of any state agency, enter into an 1567
equipment support contract with a vendor of telecommunications 1568
equipment or services for the purchase or lease of such equipment 1569
or services in accordance with the following provisions: 1570
(a) Specifications for equipment support contracts 1571
shall be developed in advance and shall conform to the following 1572
requirements: 1573
(i) Specifications for equipment support contracts 1574
shall cover a specific class or classes of equipment and service 1575
and may include all features associated with that class or 1576
classes. 1577
(ii) Specifications in the bid for equipment 1578
support contracts shall be developed by the Mississippi Department 1579
of Information Technology Services. 1580
(iii) Specifications shall be based on the 1581
projected needs of user agencies. 1582
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(iv) Specifications for equipment support 1583
contracts for purchase or lease of telecommunications equipment 1584
may include specifications for the maintenance of the equipment 1585
desired. 1586
(b) The initial procurement of an equipment support 1587
contract, and procurement of equipment and services to be utilized 1588
by agencies under an equipment support contract, shall be as 1589
follows: 1590
(i) Equipment support contracts shall be awarded 1591
in accordance with Section 25-53-5. 1592
(ii) A using agency may procure required 1593
telecommunications equipment and service available under an 1594
equipment support contract through release of a purchase order for 1595
the required equipment and service to the vendor holding an 1596
equipment support contract. However, such procurement by purchase 1597
order shall be accomplished in accordance with the procedures and 1598
regulations prescribed by the Mississippi Department of 1599
Information Technology Services, and shall be subject to all other 1600
statutory requirements including approval by the bureau. 1601
(c) The final authority for entering into equipment 1602
support contracts shall rest with the bureau, and such contracts 1603
shall be executed by the Mississippi Department of Information 1604
Technology Services in accordance with the procedures and 1605
regulations defined by said authority. 1606
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(d) Equipment support contracts shall include the 1607
following annual appropriation dependency clause: 1608
"The continuation of this contract is contingent upon the 1609
appropriation of funds to fulfill the requirements of the contract 1610
by the Legislature. If the Legislature fails to appropriate 1611
sufficient monies to provide for the continuance of the contract, 1612
the contract shall terminate on the date of the beginning of the 1613
first fiscal year for which funds are not appropriated." 1614
(3) The Mississippi Department of Information Technology 1615
Services may on behalf of any state agency enter into contracts 1616
for the lease or purchase of telecommunications equipment systems 1617
or services in accordance with the following provisions: 1618
(a) The bureau may directly contract for or approve 1619
contracts for regulated or tariffed telecommunications services 1620
upon determination by the bureau that the application of such 1621
service is in the best interests of the State of Mississippi. 1622
(b) All other contracts of this type shall be entered 1623
into through a bid as defined in Section 25-53-3. 1624
(c) The justification of such contracts must be 1625
presented to the bureau. Such justification shall identify and 1626
consider all cost factors relevant to that contract. 1627
(d) [Deleted] 1628
(e) All lease contracts must contain the following 1629
annual appropriation dependency clause: 1630
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"The continuation of this contract is contingent upon the 1631
appropriation of funds to fulfill the requirements of the contract 1632
by the Legislature. If the Legislature fails to appropriate 1633
sufficient monies to provide for the continuation of a contract, 1634
the contract shall terminate on the date of the beginning of the 1635
first fiscal year for which funds are not appropriated." 1636
(f) The Mississippi Department of Information 1637
Technology Services shall maintain a list of all such contracts. 1638
This list shall show as a minimum the name of the vendor, the 1639
annual cost of each contract and the term of the contract or the 1640
purchase cost. 1641
SECTION 35. Section 25-53-123, Mississippi Code of 1972, is 1642
brought forward as follows: 1643
25-53-123. (1) The only method of procurement permitted for 1644
the acquisition of nonregulated telecommunications systems, 1645
including equipment and related services, shall be in conformity 1646
with Section 25-53-5. 1647
SECTION 36. Section 25-53-125, Mississippi Code of 1972, is 1648
brought forward as follows: 1649
25-53-125. The following general provisions shall apply to 1650
all procurements under Sections 25-53-101 through 25-53-125: 1651
(a) No contracts entered into hereunder shall have an 1652
initial effective date earlier than the date on which such 1653
contract receives approval as required herein. 1654
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(b) All changes, modifications and amendments to any 1655
contract hereunder shall be approved in advance by the bureau, in 1656
addition to any other approvals required by law. 1657
(c) The bureau shall promulgate rules and regulations 1658
in accordance with the Administrative Procedures Law, Section 1659
25-43-1.101 et seq., Mississippi Code of 1972, for the 1660
establishment of contract format. 1661
(d) Where written proposals or bids are submitted by 1662
vendors, the proposal or bid of the successful vendor shall be 1663
incorporated into the final contract consummated with that vendor. 1664
(e) The provisions of Sections 25-53-101 through 1665
25-53-125 shall, with respect to the procurement of 1666
telecommunications equipment, systems or related services, 1667
supersede specifications of any contradictory or conflicting 1668
provisions of Chapter 7, Title 31, Mississippi Code of 1972, and 1669
other laws with respect to awarding public contracts. 1670
SECTION 37. Section 25-53-151, Mississippi Code of 1972, is 1671
brought forward as follows: 1672
25-53-151. (1) There is established in the State Treasury 1673
the "Electronic Government Services Fund," into which shall be 1674
deposited specific funds appropriated by the Legislature for 1675
developing and providing electronic government services within the 1676
State of Mississippi. Any funds in the Electronic Government 1677
Services Fund at the end of a fiscal year shall not lapse into the 1678
State General Fund, but shall be available for expenditure in the 1679
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subsequent fiscal year. The funds in the Electronic Government 1680
Fund shall be available for expenditure pursuant to specific 1681
appropriation by the Legislature beginning in fiscal year 2002, to 1682
the Mississippi Department of Information Technology Services. 1683
(2) There is hereby established an Electronic Government 1684
Oversight Committee to oversee the implementation of E-Government 1685
and related technology initiatives. Duties of this committee 1686
would include: (a) prioritize and make recommendations for all 1687
electronic government services, in order to cut across state and 1688
local governmental organizational structures; (b) address policy 1689
issues such as privacy, security, transaction fees and 1690
accessibility; (c) review ongoing fiscal and operational 1691
management and support of portal; (d) provide a mechanism for 1692
gathering input from citizens, businesses and government entities; 1693
(e) encourage self-service models for citizens through state 1694
websites and other electronic services; and (f) promote economic 1695
development and efficient delivery of government services by 1696
encouraging governmental and private sector entities to conduct 1697
their business and transactions using electronic media. The 1698
Electronic Government Oversight Committee shall be composed of the 1699
following: (a) the Executive Director of the Mississippi 1700
Department of Information Technology Services, or his designee; 1701
(b) the State Auditor, or his designee; (c) the State Treasurer, 1702
or his designee; (d) the Secretary of State, or his designee; (e) 1703
the Executive Director of the Department of Finance and 1704
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Administration, or his designee; (f) the Commissioner of Public 1705
Safety, or his designee; (g) the Commissioner of Revenue, or his 1706
designee; (h) the Executive Director of the Mississippi Department 1707
of Wildlife, Fisheries and Parks or his designee; (i) the 1708
Executive Director of the Department of Archives and History or 1709
his/her designee. The committee shall annually elect one (1) 1710
member to serve as chairman and one (1) member to serve as vice 1711
chairman, who shall act as chairman in the absence of the 1712
chairman. The committee shall meet monthly or upon the call of 1713
the chairman, and shall make necessary reports and recommendations 1714
to the Legislature and the appropriate agencies of state 1715
government. All agencies of state government shall cooperate with 1716
the committee in providing requested information, shall work 1717
closely with and provide information to the committee and shall 1718
report to the committee at its request. The Mississippi 1719
Department of Information Technology Services shall provide 1720
administrative support for the committee. Nonlegislative members 1721
of the committee shall serve without compensation. 1722
(3) The Electronic Government Oversight Committee shall 1723
advise and provide direction to the Department of Finance and 1724
Administration to develop a procurement portal that will enable 1725
potential vendors of goods and services to access relevant and 1726
necessary information related to the sale of the following types 1727
of goods and services to the State of Mississippi and its 1728
agencies: 1729
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(a) Commodities, as defined by Section 31-7-1; 1730
(b) Contract personnel, as defined by Sections 25-9-107 1731
and 25-9-120; and 1732
(c) Computer equipment and services, as defined by 1733
Section 25-53-3. 1734
(4) The procurement portal provided for in subsection (3) 1735
must provide potential vendors with the following: 1736
(a) A searchable database of business procurement 1737
opportunities with the state which includes a breakdown by product 1738
or service and by the organization seeking the product or service; 1739
(b) Listings of the published date and closing date for 1740
each business procurement opportunity; 1741
(c) A "Frequently Asked Questions" section regarding 1742
doing business with the respective agencies; 1743
(d) A breakdown of "Frequently Asked Questions" 1744
regarding the selection process with the respective agencies; 1745
(e) An open-air forum for questions and answers 1746
relating to the procurement process, in general, as well as 1747
specifically relating to a single contract; and 1748
(f) Links to individual agency websites and contacts to 1749
enable potential vendors to obtain more specific information, if 1750
necessary. 1751
(5) The procurement portal must be linked to the 1752
Transparency Mississippi website established in accordance with 1753
Sections 27-104-151 through 27-104-163. The Mississippi 1754
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Department of Information Technology Services shall develop and 1755
maintain a link to the procurement portal from the state website. 1756
From and after July 1, 2018, the expenses of this agency 1757
shall be defrayed by appropriation from the State General Fund. 1758
In addition, in order to receive the maximum use and benefit from 1759
information technology and services, expenses for the provision of 1760
statewide shared services that facilitate cost-effective 1761
information processing and telecommunication solutions shall be 1762
defrayed by pass-through funding and shall be deposited into the 1763
Mississippi Department of Information Technology Services 1764
Revolving Fund unless otherwise specified by the Legislature. 1765
These funds shall only be utilized to pay the actual costs 1766
incurred by the Mississippi Department of Information Technology 1767
Services for providing these shared services to state agencies. 1768
Furthermore, state agencies shall work in full cooperation with 1769
the Board of the Mississippi Department of Information Technology 1770
Services (MDITS) to identify computer equipment or services to 1771
minimize duplication, reduce costs, and improve the efficiency of 1772
providing common technology services across agency boundaries. 1773
SECTION 38. Section 25-53-171, Mississippi Code of 1972, is 1774
brought forward as follows: 1775
25-53-171. (1) There is hereby created the Wireless 1776
Communication Commission, which shall be responsible for promoting 1777
the efficient use of public resources to ensure that law 1778
enforcement personnel and essential public health and safety 1779
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personnel have effective communications services available in 1780
emergency situations, and to ensure the rapid restoration of such 1781
communications services in the event of disruption caused by 1782
natural disaster, terrorist attack or other public emergency. 1783
(2) The Wireless Communication Commission, hereafter 1784
referred to as the "commission," shall consist of the following: 1785
(a) The Executive Director of the Department of 1786
Transportation or his designee; 1787
(b) The Commissioner of Public Safety or his designee; 1788
(c) The Executive Director of the Department of Public 1789
Health or his designee; 1790
(d) The Executive Director of the Department of 1791
Information Technology Services or his designee; 1792
(e) The Executive Director of the Mississippi Emergency 1793
Management Agency or his designee; 1794
(f) The Executive Director of the Mississippi Office of 1795
Homeland Security or his designee; 1796
(g) The President of the Mississippi Sheriffs' 1797
Association or his designee; 1798
(h) The President of the Mississippi Association of 1799
Supervisors or his designee; 1800
(i) The President of the Mississippi Municipal 1801
Association or his designee; 1802
(j) The President of the Mississippi Association of 1803
Fire Chiefs or his designee; 1804
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(k) The President of the Mississippi Association of 1805
Police Chiefs or his designee; 1806
(l) The Chief of the Mississippi Highway Safety Patrol 1807
or his designee; 1808
(m) The Commissioner of the Department of Corrections 1809
or his designee; 1810
(n) The Adjutant General of the Mississippi National 1811
Guard or his designee; 1812
(o) The Executive Director of the Mississippi 1813
Department of Environmental Quality or his designee; and 1814
(p) The Executive Director of Wildlife, Fisheries and 1815
Parks or his designee. 1816
All members of the commission shall serve a term of not less 1817
than four (4) years. 1818
(3) Within forty-five (45) days from April 21, 2005, the 1819
Executive Director of the Department of Information Technology 1820
Services shall call a meeting of the commission in the City of 1821
Jackson, Mississippi, and organize by electing a chairman and 1822
other officers from its membership. The commission shall adopt 1823
rules which govern the time and place for meetings and governing 1824
the manner of conducting its business. The commission shall meet 1825
at least monthly and maintain minutes of such meetings. A quorum 1826
shall consist of a majority of the membership of the commission. 1827
(4) The commission, in conjunction with the Department of 1828
Information Technology Services, shall have the sole authority to 1829
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promulgate rules and regulations governing the operations of the 1830
wireless communications system described in paragraph (a) and 1831
shall be vested with all legal authority necessary and proper to 1832
perform this function including, but not limited to: 1833
(a) Purchasing, leasing, acquiring and otherwise 1834
implementing a statewide wireless communications system to serve 1835
wireless users in state and local governments and those private 1836
entities that enter into a partnership with the commission. All 1837
purchases shall be made in accordance with public purchasing laws 1838
and, if required, shall be approved by the Department of 1839
Information Technology Services. This system shall enable 1840
interoperability between various wireless communications 1841
technologies. 1842
(b) Ensuring that federal/state communications 1843
requirements are followed with respect to such wireless 1844
communications systems. 1845
(c) Providing system planning with all public safety 1846
communications systems. 1847
(d) Assisting with establishment of state and local 1848
wireless communications. 1849
(e) In consultation with the Department of Information 1850
Technology Services, having the authority to permit state and 1851
local agencies use of the communications system under the terms 1852
and conditions established by the commission. 1853
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(f) Providing technical support to users and bearing 1854
the overall responsibility for the design, engineering, 1855
acquisition and implementation of the statewide communications 1856
system and for ensuring the proper operation and maintenance of 1857
all equipment common to the system. 1858
(g) Seeking proposals for services through competitive 1859
processes where required by law and selecting service providers 1860
under procedures provided for by law. 1861
(h) Establishing, in conjunction with the Department of 1862
Information Technology Services, policies, procedures and 1863
standards which shall be incorporated into a comprehensive 1864
management plan for the operation of the statewide communications 1865
system. 1866
(i) Having sign-off approval on all wireless 1867
communications systems within the state which are owned or 1868
operated by any state or local governmental entity, agency or 1869
department. 1870
(j) Creating a standard user agreement. 1871
(5) The commission, in conjunction with the Department of 1872
Information Technology Services, shall exercise its powers and 1873
duties pursuant to this section to plan, manage and administer the 1874
wireless communications system. The commission may: 1875
(a) In consultation with the advisory board and the 1876
Department of Information Technology Services, establish policies, 1877
procedures and standards to incorporate into a comprehensive 1878
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management plan for use and operation of the communications 1879
system. 1880
(b) Enter into mutual aid agreements among federal, 1881
state and local agencies for the use of the communications system. 1882
(c) Establish the cost of maintenance and operation of 1883
the system and charge subscribers for access and use of the 1884
system. 1885
(d) Assess charges for use of the system. 1886
(e) Obtain space through rent or lease of space on any 1887
tower under state control. The commission may also rent, lease or 1888
sublease ground space as necessary to locate equipment to support 1889
antennae on the towers. The costs for use of such space shall be 1890
established by the owner/agent for each site when it is determined 1891
to be practicable and feasible to make space available. 1892
(f) Provide space through rent or lease of space on any 1893
tower under the commission's control. The commission may also 1894
rent, lease or sublease ground space as necessary to locate 1895
equipment to support antennae on the towers. The costs for use of 1896
such space shall be established by the commission when it is 1897
determined to be practicable and feasible to make space available. 1898
(g) Refuse to lease space on any tower at any site. 1899
All monies collected by the commission for such rents, leases or 1900
subleases shall be deposited directly into a special fund hereby 1901
created and known as the "Integrated Public Safety Communications 1902
Fund." This fund shall be administered by the Department of 1903
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Information Technology Services and may be used by the commission 1904
to construct, maintain and operate the system. 1905
(h) Rent, lease or sublease ground space on lands 1906
acquired by the commission for the construction of privately owned 1907
or publicly owned towers. The commission, as part of such rental, 1908
lease or sublease agreement, may require space on such towers for 1909
antennae as may be necessary for the construction and operation of 1910
the wireless communications system. 1911
(i) Enter into and perform use and occupancy agreements 1912
concerning the system. 1913
(j) Exercise any power necessary to carry out the 1914
intent of this law. 1915
(6) The Department of Transportation, the Department of 1916
Public Safety and other commission members may provide to the 1917
commission, on a full-time or part-time basis, personnel and 1918
technical support necessary and sufficient to effectively and 1919
efficiently carry out the requirements of this section. 1920
(7) (a) Expenditures from the Integrated Public Safety 1921
Communications Fund shall be administered by the Department of 1922
Information Technology Services with expenditures approved jointly 1923
by the commission and the Department of Information Technology 1924
Services. 1925
(b) The Integrated Public Safety Communications Fund 1926
may consist of the following: 1927
(i) Appropriations from the Legislature; 1928
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(ii) Gifts; 1929
(iii) Federal grants; 1930
(iv) Fees and contributions from user agencies 1931
that the commission considers necessary to maintain and operate 1932
the system; and 1933
(v) Monies from any other source permitted by law. 1934
(c) Any monies remaining in the Integrated Public 1935
Safety Communications Fund at the end of the fiscal year shall not 1936
revert to the State General Fund, but shall remain in the 1937
Integrated Public Safety Communications Fund. 1938
(8) Members of the commission shall not receive any 1939
compensation or per diem, but may receive travel reimbursement 1940
provided for under Section 25-3-41. 1941
(9) There is hereby created the Wireless Communication 1942
Advisory Board for the purpose of advising the Mississippi 1943
Wireless Communication Commission in performance of its duties. 1944
The advisory board shall be composed of the following: 1945
(a) The Chairman and Vice Chairman of the Senate Public 1946
Utilities Committee or their designees; 1947
(b) The Chairman and Vice Chairman of the House of 1948
Representatives Public Utilities Committee or their designees; 1949
(c) The Chairman of the Senate Appropriations Committee 1950
or his designee; 1951
(d) The Chairman of the House of Representatives 1952
Appropriations Committee or his designee; 1953
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(e) The Chairman of the Senate Finance Committee or his 1954
designee; and 1955
(f) The Chairman of the House of Representatives Ways 1956
and Means Committee or his designee. 1957
Members of the advisory board shall receive per diem and 1958
expenses which shall be paid from the contingent expense funds of 1959
their respective houses in the same amounts as provided for 1960
committee meetings when the Legislature is not in session; 1961
however, no per diem and expenses for attending meetings of the 1962
advisory board shall be paid to legislative members while the 1963
Legislature is in session. 1964
(10) It is the intent of the Legislature that all state and 1965
local government entities make available for purposes of this 1966
section all publicly owned wireless communications infrastructure, 1967
including, but not limited to, communications towers, transmission 1968
equipment, transmission frequencies and other related properties 1969
and facilities. 1970
(11) Nothing in this section shall be construed or 1971
interpreted to provide for the regulation or oversight of 1972
commercial mobile radio services. 1973
(12) Nothing in this section shall be construed to supersede 1974
the authority of the Department of Information Technology Services 1975
provided in Section 25-53-1 et seq. 1976
(13) From and after July 1, 2016, the expenses of this 1977
agency shall be defrayed by appropriation from the State General 1978
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Fund and all user charges and fees authorized under this section 1979
shall be deposited into the State General Fund as authorized by 1980
law. 1981
(14) From and after July 1, 2016, no state agency shall 1982
charge another state agency a fee, assessment, rent or other 1983
charge for services or resources received by authority of this 1984
section. 1985
SECTION 39. Section 25-53-191, Mississippi Code of 1972, is 1986
brought forward as follows: 1987
25-53-191. (1) For the purposes of this section, the 1988
following terms shall have the meanings ascribed to them in this 1989
section unless the context otherwise clearly requires: 1990
(a) "Department" means the Mississippi Department of 1991
Information Technology. 1992
(b) "State agency" means any agency, department, 1993
commission, board, bureau, institution or other instrumentality of 1994
the state. 1995
(c) "Wireless communication device" means a cellular 1996
telephone, pager or a personal digital assistant device having 1997
wireless communication capability. 1998
(2) Before a wireless communication device may be assigned, 1999
issued or made available to an agency officer or employee, the 2000
agency head, or his designee, shall sign a statement certifying 2001
the need or reason for issuing the device. No officer or employee 2002
of any state agency, except for an officer or employee of the 2003
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Mississippi Emergency Management Agency, shall be assigned or 2004
issued more than one (1) such wireless communication device. No 2005
officer or employee of any state agency to whom has been assigned, 2006
issued or made available the use of a wireless communication 2007
device, the cost of which is paid through the use of public funds, 2008
shall use such device for personal use. 2009
(3) A state agency shall not reimburse any officer or 2010
employee for use of his or her personal wireless communication 2011
device. 2012
(4) Every state agency that, at the expense of the state 2013
agency, assigns, issues or makes available to any of its officers 2014
or employees a wireless communication device shall obtain and 2015
maintain detailed billing for every wireless communication device 2016
account. A list of approved vendors for the procurement of 2017
wireless communication devices and the delivery of wireless 2018
communication device services shall be developed for all state 2019
agencies by the Mississippi Department of Information Technology 2020
Services. The department shall exercise the option of selecting 2021
one (1) vendor from which to procure wireless communication 2022
devices and to provide wireless communication device services, or 2023
if it deems such to be most advantageous to the state agencies, it 2024
may select multiple vendors. The department shall select a vendor 2025
or vendors on the basis of lowest and best bid proposals. A state 2026
agency may not procure a wireless communication device from any 2027
vendor or contract for wireless communication device services with 2028
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any vendor unless the vendor appears on the list approved by the 2029
department. A contract entered into in violation of this section 2030
shall be void and unenforceable. 2031
(5) The department shall promulgate a model acceptable use 2032
policy defining the appropriate use of all wireless communication 2033
devices. The department shall include in its definition of 2034
appropriate use a prohibition on the downloading, accessing, or 2035
using of a prohibited technology pursuant to the National Security 2036
on State Devices and Networks Act. The acceptable use policy 2037
should specify that these resources, including both devices and 2038
services, are provided at the state agency's expense as tools for 2039
accomplishing the business missions of the state agency; that all 2040
those resources are for business use; and that more than 2041
incidental personal use of those resources is prohibited. The 2042
acceptable use policy should require that each official and 2043
employee issued one (1) of the above devices or authorized to 2044
access one (1) of the above services sign the policy and that the 2045
signed copy be placed in the personnel file of the official or 2046
employee. The acceptable use policy should also require that the 2047
use of these resources be tracked, verified and signed by the 2048
official or employee and the supervisor of the official or 2049
employee at each billing cycle or other appropriate interval. All 2050
state agencies shall adopt the model policy or adopt a policy that 2051
is, at minimum, as stringent as the model policy and shall provide 2052
a copy of the policy to the department. 2053
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(6) All state agencies shall purchase or acquire only the 2054
lowest cost cellular telephone, pager or personal digital 2055
assistance device which will carry out its intended use. 2056
(7) The University of Mississippi Medical Center and its 2057
employees, the Mississippi State University Extension Service and 2058
its agents and faculty members, the Mississippi State University 2059
Agricultural and Forestry Experiment Station and its faculty 2060
members, the Mississippi State University Forestry and Wildlife 2061
Research Center and its faculty members, and the Mississippi State 2062
University College of Veterinary Medicine and its faculty members 2063
shall be exempt from the application of this section. 2064
(8) Employees of State Institutions of Higher Learning shall 2065
be exempt from the provisions of this section when incurring 2066
international usage charges for the business-related use of their 2067
personal wireless communication devices during business-related 2068
international travel. Such exemption shall only apply after a 2069
determination by the employer-institution that reimbursement to 2070
the employee for the use of his or her personal wireless 2071
communication device is the lowest-cost option to prevent business 2072
interruption during such travel. 2073
(9) The State Auditor shall conduct necessary audits to 2074
ensure compliance with the provisions of this section. 2075
SECTION 40. Section 25-53-193, Mississippi Code of 1972, is 2076
brought forward as follows: 2077
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25-53-193. (1) This section shall be known and may be cited 2078
as the "National Security on State Devices and Networks Act." 2079
(2) For the purposes of this section, the following words 2080
and phrases shall have the meanings ascribed in this section 2081
unless the context clearly indicates otherwise: 2082
(a) "Prohibited technology" means any information 2083
technology deemed to pose an unacceptable risk to the security of 2084
the United States and/or the State of Mississippi by Mississippi 2085
and/or federal law, regulation, or guidance. 2086
(b) "State-issued devices" means any desktop computer, 2087
laptop computer, cell phone, tablet or any other device capable of 2088
internet connectivity that is issued to a state employee pursuant 2089
to his or her employment and for use in carrying out his or her 2090
professional duties. 2091
(c) "State-operated networks" means any 2092
telecommunications network, including, but not limited to, 2093
wireless local area networks, wireless guest networks, virtual 2094
private networks, or other information technology network systems 2095
owned or operated by the Mississippi Department of Information 2096
Technology Services or any other state agency. 2097
(d) "State agency" means any agency, department, 2098
commission, board, bureau, institution or other instrumentality of 2099
the state. 2100
(e) "State employee" means an employee or agent 2101
complying with and performing duties on behalf of the state. 2102
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(3) No state employee shall download, access, or use a 2103
prohibited technology on a state-issued device or a state-operated 2104
network. 2105
(4) The Mississippi Department of Information Technology 2106
Services, or any other appropriate state agency, shall restrict 2107
the download, access or use of prohibited technologies on 2108
state-operated networks. The Mississippi Department of 2109
Information Technology Services shall maintain and timely update a 2110
publicly available list of such prohibited technologies on its 2111
website. 2112
(5) The provisions of this section shall not apply to law 2113
enforcement agencies of the state or its political subdivisions 2114
when downloading, accessing, or using a prohibited technology is 2115
necessary to carry out their official duties for bona fide law 2116
enforcement, investigative or public safety purposes. 2117
SECTION 41. Section 25-53-201, Mississippi Code of 1972, is 2118
brought forward as follows: 2119
25-53-201. (1) There is hereby established the Enterprise 2120
Security Program which shall provide for the coordinated oversight 2121
of the cybersecurity efforts across all state agencies, including 2122
cybersecurity systems, services and the development of policies, 2123
standards and guidelines. 2124
(2) The Mississippi Department of Information Technology 2125
Services (MDITS), in conjunction with all state agencies, shall 2126
provide centralized management and coordination of state policies 2127
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for the security of data and information technology resources, 2128
which such information shall be compiled by MDITS and distributed 2129
to each participating state agency. MDITS shall: 2130
(a) Serve as sole authority, within the constraints of 2131
this statute, for defining the specific enterprise cybersecurity 2132
systems and services to which this statute is applicable; 2133
(b) Acquire and operate enterprise technology solutions 2134
to provide services to state agencies when it is determined that 2135
such operation will improve the cybersecurity posture in the 2136
function of any agency, institution or function of state 2137
government as a whole; 2138
(c) Provide oversight of enterprise security policies 2139
for state data and information technology (IT) resources 2140
including, the following: 2141
(i) Establishing and maintaining the security 2142
standards and policies for all state data and IT resources state 2143
agencies shall implement to the extent that they apply; and 2144
(ii) Including the defined enterprise security 2145
requirements as minimum requirements in the specifications for 2146
solicitation of state contracts for procuring data and information 2147
technology systems and services; 2148
(d) Adhere to all policies, standards and guidelines in 2149
the management of technology infrastructure supporting the state 2150
data centers, telecommunications networks and backup facilities; 2151
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(e) Coordinate and promote efficiency and security with 2152
all applicable laws and regulations in the acquisition, operation 2153
and maintenance of state data, cybersecurity systems and services 2154
used by agencies of the state; 2155
(f) Manage, plan and coordinate all enterprise 2156
cybersecurity systems under the jurisdiction of the state; 2157
(g) Develop, in conjunction with agencies of the state, 2158
coordinated enterprise cybersecurity systems and services for all 2159
state agencies; 2160
(h) Provide ongoing analysis of enterprise 2161
cybersecurity systems and services costs, facilities and systems 2162
within state government; 2163
(i) Develop policies, procedures and long-range plans 2164
for the use of enterprise cybersecurity systems and services; 2165
(j) Form an advisory council of information security 2166
officers from each state agency to plan, develop and implement 2167
cybersecurity initiatives; 2168
(k) Coordinate the activities of the advisory council 2169
to provide education and awareness, identify cybersecurity-related 2170
issues, set future direction for cybersecurity plans and policy, 2171
and provide a forum for interagency communications regarding 2172
cybersecurity; 2173
(l) Charge respective user agencies on a reimbursement 2174
basis for their proportionate cost of the installation, 2175
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maintenance and operation of the cybersecurity systems and 2176
services; and 2177
(m) Require cooperative utilization of cybersecurity 2178
systems and services by aggregating users. 2179
(3) Each state agency's executive director or agency head 2180
shall: 2181
(a) Be solely responsible for the security of all data 2182
and IT resources under its purview, irrespective of the location 2183
of the data or resources. Locations include data residing: 2184
(i) At agency sites; 2185
(ii) On agency real property and tangible and 2186
intangible assets; 2187
(iii) On infrastructure in the State Data Centers; 2188
(iv) At a third-party location; 2189
(v) In transit between locations; 2190
(b) Ensure that an agency-wide security program is in 2191
place; 2192
(c) Designate an information security officer to 2193
administer the agency's security program; 2194
(d) Ensure the agency adheres to the requirements 2195
established by the Enterprise Security Program, to the extent that 2196
they apply; 2197
(e) Participate in all Enterprise Security Program 2198
initiatives and services in lieu of deploying duplicate services 2199
specific to the agency; 2200
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(f) Develop, implement and maintain written agency 2201
policies and procedures to ensure the security of data and IT 2202
resources. The agency policies and procedures are confidential 2203
information and exempt from public inspection, except that the 2204
information must be available to the Office of the State Auditor 2205
in performing auditing duties; 2206
(g) Implement policies and standards to ensure that all 2207
of the agency's data and IT resources are maintained in compliance 2208
with state and federal laws and regulations, to the extent that 2209
they apply; 2210
(h) Implement appropriate cost-effective safeguards to 2211
reduce, eliminate or recover from identified threats to data and 2212
IT resources; 2213
(i) Ensure that internal assessments of the security 2214
program are conducted. The results of the internal assessments 2215
are confidential and exempt from public inspection, except that 2216
the information must be available to the Office of the State 2217
Auditor in performing auditing duties; 2218
(j) Include all appropriate cybersecurity requirements 2219
in the specifications for the agency's solicitation of state 2220
contracts for procuring data and information technology systems 2221
and services; 2222
(k) Include a general description of the security 2223
program and future plans for ensuring security of data in the 2224
agency long-range information technology plan; 2225
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(l) Participate in annual information security training 2226
designed specifically for the executive director or agency head to 2227
ensure that such individual has an understanding of: 2228
(i) The information and information systems that 2229
support the operations and assets of the agency; 2230
(ii) The potential impact of common types of 2231
cyber-attacks and data breaches on the agency's operations and 2232
assets; 2233
(iii) How cyber-attacks and data breaches on the 2234
agency's operations and assets could impact the operations and 2235
assets of other state agencies on the Enterprise State Network; 2236
(iv) How cyber-attacks and data breaches occur; 2237
(v) Steps to be undertaken by the executive 2238
director or agency head and agency employees to protect their 2239
information and information systems; and 2240
(vi) The annual reporting requirements required of 2241
the executive director or agency head. 2242
(4) The Mississippi Department of Information Technology 2243
Services shall evaluate the Enterprise Security Program. Such 2244
evaluation shall include the following factors: 2245
(a) Whether the Enterprise Security Program 2246
incorporates nationwide best practices; 2247
(b) Whether opportunities exist to centralize and 2248
coordinate oversight of cybersecurity efforts across all state 2249
agencies; 2250
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(c) A review of the minimum enterprise security 2251
requirements that must be incorporated in solicitations for state 2252
contracts for procuring data and information technology systems 2253
and services; and 2254
(d) Whether opportunities exist to expand the 2255
Enterprise Security Program, including providing oversight of 2256
cybersecurity efforts of those governing authorities as defined in 2257
Section 25-53-3(e). 2258
In performing such evaluation, the Mississippi Department of 2259
Information Technology Services may retain experts. This 2260
evaluation shall be completed by November 1, 2023. All records in 2261
connection with this evaluation shall be exempt from the 2262
Mississippi Public Records Act of 1983, pursuant to Section 2263
25-61-11.2(f) and (k). 2264
(5) For the purpose of this subsection, the following words 2265
shall have the meanings ascribed herein, unless the context 2266
clearly indicates otherwise: 2267
(a) "Cyberattack" shall mean any attempt to gain 2268
illegal access, including any data breach, to a computer, computer 2269
system or computer network for purposes of causing damage, 2270
disruption or harm. 2271
(b) "Ransomware" shall mean a computer contaminant or 2272
lock placed or introduced without authorization into a computer, 2273
computer system or computer network that restricts access by an 2274
authorized person to the computer, computer system, computer 2275
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network or any data therein under circumstances in which the 2276
person responsible for the placement or introduction of the 2277
ransomware demands payment of money or other consideration to 2278
remove the computer contaminant, restore access to the computer, 2279
computer system, computer network or data, or otherwise remediate 2280
the impact of the computer contaminant or lock. 2281
(c) From and after July 1, 2023, all state agencies 2282
shall notify the Mississippi Department of Information Technology 2283
Services of any cyberattack or demand for payment as a result of 2284
ransomware no later than the close of the next business day 2285
following the discovery of such cyberattack or demand. The 2286
Mississippi Department of Information Technology Services shall 2287
develop a reporting format to be utilized by state agencies to 2288
provide such notification. The Mississippi Department of 2289
Information Technology Services shall periodically analyze all 2290
such reports and attempt to identify any patterns or weaknesses in 2291
the state's cybersecurity efforts. Such reports shall be exempt 2292
from the Mississippi Public Records Act of 1983, pursuant to 2293
Section 25-61-11.2(j). 2294
SECTION 42. Section 25-53-231, Mississippi Code of 1972, is 2295
brought forward as follows: 2296
25-53-231. There is hereby created the "Cyber Security 2297
Review Board," which shall be responsible for ensuring a 2298
collaborative effort is made to address the cybersecurity threat 2299
posed to the State of Mississippi. Responsibilities of the board 2300
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include creating a system of reporting cybersecurity attacks 2301
within the state, researching and implementing best practices to 2302
mitigate cybersecurity risks, and connecting individuals and 2303
entities with federal and industry partners. 2304
SECTION 43. Section 25-53-233, Mississippi Code of 1972, is 2305
brought forward as follows: 2306
25-53-233. The Cyber Security Review Board, hereafter 2307
referred to as the "board," shall consist of the following seven 2308
(7) members: 2309
(a) The Executive Director of the Mississippi Office of 2310
Homeland Security, or his or her designee, as chairman of the 2311
board; 2312
(b) The Executive Director of the Mississippi 2313
Department of Information Technology Services, or his or her 2314
designee, as vice chairman of the board; 2315
(c) The Commissioner of the Department of Public 2316
Safety, or his or her designee; 2317
(d) The Executive Director of the Mississippi Emergency 2318
Management Agency, or his or her designee; 2319
(e) The Adjutant General of the Mississippi National 2320
Guard, or his or her designee; 2321
(f) The State Superintendent of Education, as appointed 2322
by the Mississippi Board of Education, or his or her designee; and 2323
(g) The Attorney General of Mississippi, or his or her 2324
designee. 2325
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SECTION 44. Section 25-53-235, Mississippi Code of 1972, is 2326
brought forward as follows: 2327
25-53-235. (1) Ex officio nonvoting members of the board 2328
include: 2329
(a) The President of the Mississippi Municipal League, 2330
or his or her designee; 2331
(b) The Executive Director of the Mississippi 2332
Association of Supervisors staff, or his or her designee; and 2333
(c) The Chairmen of the Technology Committees of the 2334
Mississippi Senate and the Mississippi House of Representatives, 2335
or their designees. 2336
(2) The voting members of the Cyber Security Review Board 2337
may vote to expand the board with additional ex officio nonvoting 2338
members deemed necessary to provide expertise or access to 2339
resources involving cybersecurity. 2340
SECTION 45. Section 25-53-237, Mississippi Code of 1972, is 2341
brought forward as follows: 2342
25-53-237. Within forty-five (45) days of April 8, 2024, the 2343
Executive Director of the Mississippi Office of Homeland Security 2344
shall call a meeting of the board. The board shall adopt rules 2345
which govern the time of meetings, place of meetings, and the 2346
manner of conducting the business of the board. The board shall 2347
meet at least monthly and select one (1) of the ex officio 2348
nonvoting members of the board to serve as secretary, whose role 2349
it shall be to maintain minutes of each meeting of the board. 2350
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After the conclusion of each meeting, the board shall send the 2351
minutes of the meeting to the Governor, Lieutenant Governor and 2352
the Chairmen of the Technology Committees of the Mississippi 2353
Senate and the Mississippi House of Representatives. 2354
A quorum shall be a majority of the voting members of the 2355
board. 2356
After twelve (12) consecutive monthly meetings, the board may 2357
vote to meet less frequently; however, the board shall meet at 2358
least once quarterly. 2359
SECTION 46. Section 25-53-239, Mississippi Code of 1972, is 2360
brought forward as follows: 2361
25-53-239. The board shall produce a statewide cybersecurity 2362
report, which shall be presented to the Governor, Lieutenant 2363
Governor, Speaker of the House, and the Chairmen of the Technology 2364
Committees of the Mississippi Senate and Mississippi House of 2365
Representatives by December 15 each year. The board shall also 2366
develop a list of best practices in cybersecurity to disburse 2367
throughout the state to various parties as deemed necessary by the 2368
board. 2369
SECTION 47. Section 25-53-241, Mississippi Code of 1972, is 2370
brought forward as follows: 2371
25-53-241. (1) There is created in the State Treasury a 2372
special fund to be known as the "Cyber Security Review Board 2373
Fund." Any funds which may be needed for administrative and 2374
travel expenses shall be deposited in this special fund by the 2375
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Department of Public Safety from the department's regular support 2376
appropriation. The Cyber Security Review Board Fund is a special 2377
trust fund, and the interest earned thereon shall be credited to 2378
the fund. 2379
(2) The Department of Public Safety shall adopt regulations 2380
for the administration of the fund. The commissioner shall 2381
administer the fund, and expenditures may be made from the fund 2382
upon requisition by the commissioner. The department shall spend 2383
monies in the fund by an annual appropriation approved by the 2384
Legislature. 2385
SECTION 48. Section 25-53-251, Mississippi Code of 1972, is 2386
brought forward as follows: 2387
25-53-251. Sections 25-53-251 through 25-53-263 shall be 2388
known and may be cited as the "Cloud Center of Excellence Act." 2389
SECTION 49. Section 25-53-253, Mississippi Code of 1972, is 2390
brought forward as follows: 2391
25-53-253. As used in Sections 25-53-251 through 25-53-263, 2392
the following terms shall have the meanings ascribed herein, 2393
unless the context clearly requires otherwise: 2394
(a) "Cloud Center of Excellence" or "CCOE" means the 2395
centralized body responsible for providing strategic guidance, 2396
best practices, governance, and technical support for cloud 2397
adoption and management across state agencies and governing 2398
authorities. 2399
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(b) "Cloud computing" means on-demand access to 2400
computing resources, including storage, servers, and applications, 2401
delivered via the Internet or other networks. 2402
(c) "ITS" or "department" means the Mississippi 2403
Department of Information Technology Services. 2404
(d) "Governing authority" means the same as the term 2405
governing authority is defined in Section 25-53-3(2)(f). 2406
(e) "State agency" means the same as the term "agency" 2407
is defined in Section 25-53-3(2)(e). 2408
SECTION 50. Section 25-53-255, Mississippi Code of 1972, is 2409
brought forward as follows: 2410
25-53-255. (1) There is established within the Mississippi 2411
Department of Information Technology Services (ITS) a centralized 2412
Cloud Center of Excellence (CCOE) to facilitate cloud adoption 2413
across state agencies and governing authorities, enhance 2414
technological infrastructure, improve security and scalability, 2415
and streamline cloud migrations in a cost-effective and efficient 2416
manner. 2417
(2) Using existing resources, ITS may review the process for 2418
the coordinated development, hosting and management of computer 2419
software for state agencies that use cloud computing services. 2420
The Cloud Center of Excellence (CCOE) shall: 2421
(a) Develop and implement a statewide strategy for 2422
cloud adoption and management; 2423
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(b) Provide guidance, best practices, and governance 2424
frameworks to state agencies and governing authorities for the 2425
adoption and use of cloud services; 2426
(c) Establish standardized processes for cloud 2427
migrations, resource optimization, and workload assessments; 2428
(d) Enhance cybersecurity protocols and ensure 2429
compliance with state and federal security standards; 2430
(e) Monitor and report on the scalability, cost 2431
efficiency, and performance of cloud infrastructure; 2432
(f) Offer training and support to agency personnel to 2433
promote cloud literacy and effective utilization; and 2434
(g) Coordinate with state agencies and governing 2435
authorities to ensure a phased implementation schedule as required 2436
by the provision of Section 25-53-257. 2437
SECTION 51. Section 25-53-257, Mississippi Code of 1972, is 2438
brought forward as follows: 2439
25-53-257. (1) The Cloud Center of Excellence (CCOE) shall 2440
establish a two-year phased implementation plan, which shall 2441
accomplish the following benchmarks by July 1, 2027: 2442
(a) Conduct statewide readiness assessments and develop 2443
detailed cloud migration plans for pilot agencies; 2444
(b) Initiate pilot migrations for selected state 2445
agencies, establish key performance indicators (KPIs) and refine 2446
processes based on feedback; 2447
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(c) Expand cloud adoption to additional state agencies, 2448
focusing on optimizing resource utilization and ensuring adherence 2449
to best practices; 2450
(d) Integrate governing authorities into the cloud 2451
ecosystem and provide support for local governments, postsecondary 2452
educational institutions and school districts; and 2453
(e) Achieve full statewide adoption of cloud services, 2454
with ongoing monitoring, training, and optimization provided by 2455
the CCOE for all state agencies and governing authorities. 2456
(2) During the implementation described in subsection (1), 2457
each state agency and governing authority integrated into the CCOE 2458
at that time shall consider: 2459
(a) Cloud computing service options, including any 2460
security benefits and cost savings associated with purchasing 2461
those service options from a cloud computing service provider and 2462
from a statewide technology center established by the department, 2463
when making purchases; and 2464
(b) Cloud computing service options and compatibility 2465
with cloud computing services in the development of new 2466
information technology software applications. 2467
(3) (a) Except as provided by paragraph (b) of this 2468
subsection, a state agency or governing authority shall ensure, 2469
when making purchases for an automated information system, that 2470
the system is capable of being deployed and run on cloud computing 2471
services. 2472
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(b) When making a purchase for an automated information 2473
system, a state agency or governing authority may determine that, 2474
due to integration limitations with legacy systems, security risks 2475
or costs, the state agency or governing authority is unable to 2476
purchase a system capable of being deployed and run on cloud 2477
computing services. 2478
(c) At least fourteen (14) days before the date a state 2479
agency or governing authority solicits bids, proposals, offers or 2480
other applicable expressions of interest for a purchase described 2481
by paragraph (b) of this subsection, the state agency or governing 2482
authority shall submit a report that describes the purchase and 2483
the agency's reasoning for making the purchase of an automated 2484
information system to the Mississippi Department of Information 2485
Technology Services (ITS). 2486
(4) The department shall provide administrative support and 2487
oversight to the CCOE and ensure compliance with Sections 2488
25-53-251 through 25-53-263. 2489
(5) The department is authorized to: 2490
(a) Enter into agreements with cloud service providers 2491
to facilitate cost-effective procurement of cloud solutions; 2492
(b) Develop and enforce statewide cloud security and 2493
compliance standards; 2494
(c) Establish funding mechanisms, including interagency 2495
agreements, to support the operations of the CCOE; and 2496
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(d) Promulgate rules and regulations necessary to carry 2497
out the provisions of Sections 25-53-251 through 25-53-263. 2498
SECTION 52. Section 25-53-259, Mississippi Code of 1972, is 2499
amended as follows: 2500
25-53-259. (1) Not later than November 15 of each 2501
even-numbered year, ITS, using existing resources, shall submit a 2502
report to the Governor, Lieutenant Governor and Speaker, the 2503
Chairpersons of the House and Senate Committees on Technology and 2504
of the House State Affairs Committee on the use of cloud computing 2505
service options by state agencies and governing authorities, 2506
detailing the progress of the implementation plan, challenges 2507
encountered, and recommendations for improvement. The report must 2508
include * * * cases that provided cost savings and other benefits, 2509
including security enhancements. All state agencies and governing 2510
authorities shall cooperate with ITS in the creation of the report 2511
by providing timely and accurate information and any assistance 2512
required by the department. 2513
SECTION 53. Section 25-53-261, Mississippi Code of 1972, is 2514
brought forward as follows: 2515
25-53-261. The Legislature shall appropriate funds to the 2516
Department of Information Technology Services to implement and 2517
operate the Cloud Center of Excellence (CCOE). The CCOE may seek 2518
additional funding through federal grants, partnerships, and other 2519
available resources. 2520
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SECTION 54. Section 25-53-263, Mississippi Code of 1972, is 2521
brought forward as follows: 2522
25-53-263. (1) The purpose of Sections 25-53-251 through 2523
25-53-263 is to establish a Technology Innovation Fund, hereafter 2524
referred to as "Fund," to facilitate the development and 2525
deployment of innovative technological solutions that enhance the 2526
efficiency, transparency and responsiveness of government 2527
services. The fund is intended to support collaborative efforts 2528
between government agencies, educational institutions, private 2529
sector partners and nonprofit organizations in the implementation 2530
of digital solutions that drive public sector modernization. 2531
(2) (a) There is hereby established the Technology 2532
Innovation Fund, which shall be administered by the Mississippi 2533
Department of Information Technology Services (ITS) under the 2534
authority of the Chief Information Officer (CIO) of the State of 2535
Mississippi. 2536
(b) The fund shall provide financial support for 2537
projects that utilize technology to address critical needs, 2538
improve service delivery, and foster collaboration between public 2539
and private entities. 2540
(3) The objectives of the fund shall include, but are not 2541
limited to, the following: 2542
(a) Promote the development of digital solutions that 2543
improve government service delivery and operational efficiency; 2544
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(b) Foster cross-agency and intergovernmental 2545
collaboration in the adoption of shared technologies and best 2546
practices; 2547
(c) Encourage public-private partnerships in the 2548
development and deployment of innovative technologies; 2549
(d) Facilitate research, prototyping, and piloting of 2550
emerging technologies such as artificial intelligence, blockchain, 2551
data analytics, and cloud computing; 2552
(e) Ensure equitable access to technological 2553
innovations that can benefit underserved communities and regions; 2554
and 2555
(f) Enhance cybersecurity and protect the integrity of 2556
state digital infrastructure. 2557
(4) (a) The following entities shall be eligible to apply 2558
for funding under Sections 25-53-251 through 25-53-263: 2559
(i) State and local government agencies; 2560
(ii) Public and private educational institutions; 2561
(iii) Nonprofit organizations engaged in 2562
technology-driven public service initiatives; and 2563
(iv) Private sector entities, in partnership with 2564
public sector agencies, for collaborative projects. 2565
(b) Applications for funding must demonstrate how the 2566
proposed project will contribute to the digital transformation of 2567
government services and the achievement of the objectives outlined 2568
in Section 25-53-255. 2569
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(5) (a) The CIO of the Mississippi Department of 2570
Information Technology Services shall establish criteria for the 2571
evaluation of proposals and the allocation of funds, prioritizing 2572
projects that: 2573
(i) Provide measurable benefits to the public and 2574
improve government operations; 2575
(ii) Demonstrate potential for scalability and 2576
sustainability; 2577
(iii) Foster partnerships across government, 2578
private, and nonprofit sectors; and 2579
(iv) Address urgent challenges in service 2580
delivery, efficiency, and cybersecurity. 2581
(b) The fund may allocate grants, matching funds, or 2582
loans to eligible projects, as deemed appropriate by the CIO. 2583
(6) (a) Each recipient of funding from the Technology 2584
Innovation Fund shall be required to provide periodic reports to 2585
the CIO detailing the progress, outcomes, and financial 2586
expenditures associated with the funded project. 2587
(b) The CIO shall submit an annual report to the 2588
Governor and Legislature detailing the use of the Technology 2589
Innovation Fund, including descriptions of funded projects, their 2590
outcomes, and recommendations for future innovations. 2591
(7) (a) The fund shall be initially capitalized with an 2592
appropriation of monies from the General Fund, with additional 2593
funding to be secured from: 2594
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(i) Public-private partnerships; 2595
(ii) Federal grants or matching programs; 2596
(iii) Revenues from technological licensing or 2597
commercialization resulting from funded projects; and 2598
(iv) Donations or contributions from private or 2599
philanthropic organizations. 2600
(b) The fund may also establish a revolving loan 2601
mechanism to replenish available resources through repayments from 2602
successful projects. 2603
(8) The CIO of the Mississippi Department of Information 2604
Technology Services (ITS) is authorized to promulgate any rules 2605
and regulations necessary for the implementation and 2606
administration of Sections 25-53-251 through 25-53-263. 2607
SECTION 55. Section 25-53-281, Mississippi Code of 1972, is 2608
brought forward as follows: 2609
25-53-281. (1) This section shall be known and may be cited 2610
as the "Mississippi Statewide Data Exchange Act." 2611
(2) The Mississippi Department of Information Technology 2612
Services (ITS) is tasked with conducting a comprehensive study to 2613
assess the feasibility, operational requirements and policy 2614
considerations for the implementation of a statewide data exchange 2615
initiative. This initiative shall support secure, efficient and 2616
standardized data sharing among Mississippi state agencies and 2617
other authorized entities to support enhanced digital government 2618
services. 2619
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(3) Based on the findings of the study, ITS shall develop 2620
and oversee the phased implementation of a cloud-based statewide 2621
data exchange platform that enables agencies to share relevant 2622
data in a structured and compliant manner. The platform shall be 2623
designed to: 2624
(a) Facilitate secure and efficient data sharing among 2625
state agencies and other authorized entities, while ensuring 2626
appropriate access controls and data privacy safeguards; 2627
(b) Enable a centralized data repository and 2628
interoperability framework, allowing agencies to cross-reference 2629
and validate existing state-provided programs to improve service 2630
delivery, reduce redundancy and enhance decision-making processes; 2631
and 2632
(c) Implement data governance and security best 2633
practices in alignment with state and federal laws and regulations 2634
to safeguard sensitive and confidential information. 2635
(4) To ensure ongoing oversight, coordination and strategic 2636
guidance for the data exchange initiative, ITS shall establish a 2637
Chief Information Officer (CIO) Council, composed of information 2638
and technology leadership from state agencies. The CIO Council 2639
shall: 2640
(a) Provide recommendations on technical standards, 2641
interoperability frameworks and cybersecurity protocols; 2642
(b) Facilitate interagency collaboration to maximize 2643
data-sharing efficiencies and promote best practices; 2644
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(c) Ensure that the statewide data exchange aligns with 2645
agency-specific and statewide strategic goals developed to enhance 2646
digital government services; and 2647
(d) Serve as an advisory body to ITS in evaluating the 2648
long-term sustainability and innovation potential of the platform. 2649
(5) The Mississippi Department of Information Technology 2650
Services shall have the authority to promulgate rules and 2651
regulations necessary to design, develop, implement, monitor and 2652
update the statewide data exchange platform, associated governance 2653
policies and interagency coordination efforts for enhanced digital 2654
government services. 2655
(6) To ensure the effective execution of the Mississippi 2656
Statewide Data Exchange Act, the Mississippi Department of 2657
Information Technology Services (MDITS) shall adhere to the 2658
following timeline for key deliverables: 2659
(a) By October 1, 2025, MDITS shall establish the CIO 2660
Council and the governance framework related thereto. 2661
(b) Within six (6) months of the first meeting of the 2662
CIO Council, the council shall conduct a feasibility study 2663
regarding the requirements of the Mississippi Statewide Data 2664
Exchange Act, and recommendations from the findings of the study 2665
shall be reported to the legislature. 2666
(c) Within six (6) months of reporting the findings 2667
from the feasibility study to the legislature, the CIO Council 2668
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shall develop a phased implementation plan for the Mississippi 2669
Statewide Data Exchange. 2670
(d) Within one (1) year of approving the phased 2671
implementation plan, MDITS and the CIO Council shall launch the 2672
initial pilot program of the Mississippi Statewide Data Exchange. 2673
(e) Within one (1) year of successfully launching the 2674
pilot program of the Mississippi Statewide Data Exchange, MDITS 2675
and the CIO Council shall implement a full statewide rollout of 2676
the data exchange program. 2677
(f) After full implementation of the data exchange 2678
program, the CIO Council shall submit annual reports to the 2679
legislature regarding the status of the data exchange program, 2680
continuous system enhancements made to the program and any 2681
additional information necessary to develop enhanced digital 2682
government experiences via the Mississippi Statewide Data 2683
Exchange. 2684
SECTION 56. Section 25-53-301, Mississippi Code of 1972, is 2685
brought forward as follows: 2686
25-53-301. (1) The Legislature finds that: 2687
(a) The State of Mississippi needs to support 2688
stakeholders as they gather information and decide the best means 2689
to utilize and oversee artificial intelligence (AI) tools and 2690
systems used by the State of Mississippi's governing bodies; 2691
(b) The Legislature acknowledges that artificial 2692
intelligence cannot replace human creativity and involvement and 2693
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so promotes responsibly using AI tools and systems while aligning 2694
and adhering to the state’s long term policies, goals, values and 2695
missions while maintaining citizen trust and balancing the 2696
benefits, risks and potential dangers of artificial intelligence; 2697
and 2698
(c) As the use of artificial intelligence has 2699
implications for state, national and personal security and 2700
privacy, the use of artificial intelligence must be conducted in a 2701
responsible, ethical, transparent and beneficial manner. 2702
(2) There is hereby established the Artificial Intelligence 2703
Regulation (Air) Task Force. 2704
(3)(a)The task force shall consist of the following seven (7) 2705
voting members: 2706
(i) The Lieutenant Governor and Speaker of the 2707
House shall each appoint one (1) respective member of the 2708
Mississippi Senate and the Mississippi House of Representatives to 2709
serve as co-chairs of the task force; 2710
(ii) The Executive Director of the Mississippi 2711
Department of Information Technology Services, or his or her 2712
designee; 2713
(iii) The Director of the Mississippi Artificial 2714
Intelligence Network (MAIN), or his or her designee; 2715
(iv) The Executive Director of the Mississippi 2716
Office of Homeland Security, or his or her designee; 2717
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(v) The Adjutant General of the Mississippi 2718
National Guard, or his or her designee; and 2719
(vi) The Attorney General of Mississippi, or his 2720
or her designee. 2721
(b) The Chairpersons of the Artificial Intelligence 2722
Regulation (AIR) Task Force, with the advice and consent of the 2723
remaining official executive agency committee members specified in 2724
paragraph (a), or their respective designees, may appoint 2725
ex-officio nonvoting members to the task force to serve in an 2726
advisory capacity for such terms to be determined at the 2727
discretion of the task force. The voting members of the task 2728
force, upon a majority of its membership, present and voting, and 2729
spread upon its minutes, may reduce or expand the number of 2730
ex-officio members who may serve, provided that such members are 2731
deemed necessary to provide expertise or access to resources 2732
involving AI technology and are representative of: 2733
(i) Workforce development, who possesses expert 2734
knowledge of and experience with AI technology; 2735
(ii) Elementary and secondary education, public or 2736
private, who possesses expert knowledge of and experience with AI 2737
technology; 2738
(iii) Four-year postsecondary education, public or 2739
private, who possesses expert knowledge of and experience with AI 2740
technology; 2741
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(iv) Two-year postsecondary education, public or 2742
proprietary, who possesses expert knowledge of and experience with 2743
AI technology; 2744
(v) Healthcare, who possesses expert knowledge of 2745
and experience with AI technology; 2746
(vi) Private business entity, who possesses expert 2747
knowledge of and experience with AI technology, including, but not 2748
limited to: 2749
1. Data storage and management; 2750
2. Cloud computing infrastructure; 2751
3. Computer power provided by graphic 2752
processing units, tensor processing units and quantum computing; 2753
4. Data processing and preparation through 2754
data cleaning, data integration and ETL (extract, transform and 2755
load) process; 2756
5. AI algorithms and frameworks; 2757
6. AI software and applications; 2758
7. Data security and privacy; 2759
8. AI governance and ethical frameworks; 2760
9. Integration with business processes; 2761
10. Training and talent development; and 2762
(vii) Automation and manufacturing; 2763
(viii) Ethics and transparency; 2764
(ix) Agriculture; and 2765
(x) Entertainment. 2766
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(4) The Legislative members named by the Lieutenant Governor 2767
and Speaker of the House of Representatives shall serve as 2768
co-chairs of the AIR Task Force. The task force must meet within 2769
fifteen (15) days of the effective date of this act upon the call 2770
of the co-chairs, and at its first meeting shall elect any 2771
officers from among its members as it deems necessary for the 2772
efficient discharge of the task force's duties. 2773
(5) The task force shall adopt rules and regulations 2774
governing times and places for meetings and governing the manner 2775
of conducting its business. A majority of the members shall 2776
constitute a quorum for the purpose of conducting any business of 2777
the task force, and a majority vote of all members present shall 2778
be required for any recommendations to the Legislature. 2779
(6) The task force shall be responsible for balancing 2780
innovation and public interest while endeavoring to mitigate risks 2781
and unintended consequences of AI and its regulation. The task 2782
force shall: 2783
(a) Facilitate and evaluate through comprehensive 2784
review, develop tentative drafts of any necessary proposed 2785
revisions to the Mississippi Code involving the regulation of AI 2786
technologies, which may or may not include the following: 2787
(i) Fostering innovation by providing an 2788
environment for businesses and organizations to develop and test 2789
AI systems under relaxed regulatory constraints; 2790
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(ii) Regulatory oversight of the designing, 2791
testing and refinement of regulations to ensure responsible AI 2792
deployment; 2793
(iii) Collaborating with stakeholders to bridge 2794
communication and idea exchanges between developers, policymakers 2795
and the public to align AI innovation with ethical and societal 2796
goals; and 2797
(iv) Any other areas as deemed necessary by the 2798
task force. 2799
(b) Review laws, policies and procedures concerning the 2800
use of AI technology established by the United States Congress and 2801
other state legislatures, if any, and compile a list of 2802
recommendations to include in the report required by this act. 2803
The review shall focus on, but not be limited to focusing on: 2804
(i) Privacy and data protection; 2805
(ii) Development for a framework for AI testing; 2806
(iii) Compliance with ethical standards which 2807
enforce adherence to fairness, accountability, transparency, 2808
disclosures and promoting equitable outcomes; 2809
(iv) Assessment of risk and benefits which 2810
measures the societal and economic impact of AI innovations; 2811
(v) Liability; 2812
(vi) Constituent and consumer impact; 2813
(vii) Bias and social impact; and 2814
(viii) Copyright and provenance. 2815
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(c) Consider implementation and use of artificial 2816
intelligence in state government agencies and compile a list of 2817
recommendations of best practices and potential uses for AI 2818
technologies in government to include in the report required by 2819
this act; 2820
(d) Consider ways to allocate funding for development 2821
and use of artificial intelligence technologies in the state and 2822
draft proposals accordingly to include in the report required by 2823
this act; and 2824
(e) Any other issues related to artificial intelligence 2825
technologies that the task force finds appropriate to address. 2826
(7) Members of the task force shall receive a per diem in 2827
the amount provided in Section 25-3-69 for each day engaged in the 2828
business of the task force. Members of the task force other than 2829
the legislative members shall receive reimbursement for travel 2830
expenses incurred while engaged in official business of the task 2831
force in accordance with Section 25-3-41, and the legislative 2832
members of the task force shall receive the expense allowance 2833
provided for in Section 5-1-47. 2834
(8) The Joint Legislative Committee on Performance 2835
Evaluation and Expenditure Review shall provide necessary clerical 2836
support for the meetings of the task force and the preparation of 2837
the report, with assistance from the clerical and legal staff of 2838
the Mississippi House of Representatives and the Mississippi 2839
Senate. 2840
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(9) The task force is authorized to apply for and accept 2841
gifts, grants, subsidies and other funds from persons, 2842
corporations, foundations, the United States government or other 2843
entities, and the receipt of any gifts, grants, subsidies or funds 2844
shall be reported and otherwise accounted for in the manner 2845
provided by law. If financial subsidies are sufficient, the task 2846
force may hire additional contract staff to support its work. 2847
(10) The term "artificial intelligence" has the meaning set 2848
forth in 15 USC § 9401(3): a machine-based system that can, for a 2849
given set of human-defined objectives, make predictions, 2850
recommendations or decisions influencing real or virtual 2851
environments. Artificial intelligence systems use machine- and 2852
human-based inputs to perceive real and virtual environments; 2853
abstract such perceptions into models through analysis in an 2854
automated manner; and use model inference to formulate options for 2855
information or action. 2856
(11) The task force may request the assistance of the Joint 2857
Legislative Committee on Performance Evaluation and Expenditure 2858
Review, the legal staffs of the Mississippi House of 2859
Representatives and the Mississippi Senate, or any other related 2860
organization with expertise in domestic relations. 2861
(12) The work of the task force described in this act 2862
relates to sensitive matters of security. Notwithstanding any 2863
other law, the meetings, work and findings of the commission as 2864
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described in this act are not subject to the requirements of 2865
Chapters 41 or 61 of Title 25, Mississippi Code of 1972. 2866
(13) The task force shall report its findings and 2867
recommendations to the Legislature annually not later than 2868
December 1 each year, and shall dissolve in December 31, 2027. 2869
SECTION 57. Section 25-58-21, Mississippi Code of 1972, is 2870
amended as follows: 2871
25-58-21. (1) There is established the Mississippi 2872
Coordinating Council for Remote Sensing and Geographic Information 2873
Systems, hereinafter referred to as the "council." The council 2874
shall set and assure enforcement of policies and standards to make 2875
it easier for remote sensing and geographic information system 2876
users around the state to share information and to facilitate 2877
cost-sharing arrangements to reduce the costs of acquiring remote 2878
sensing and geographic information system data. The council shall 2879
not oversee or regulate the activities of higher education 2880
entities where it relates to the fields of teaching or research; 2881
however, the council shall be informed of these activities for the 2882
purpose of coordinating these higher education activities with 2883
other public remote sensing and GIS initiatives to achieve the 2884
maximum benefit for the State of Mississippi and its taxpayers. 2885
The council's responsibilities include, but are not limited to: 2886
(a) Coordination of remote sensing and geographic 2887
information system activities within Mississippi; 2888
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(b) Establishing policies and standards to guide 2889
Mississippi Department of Information Technology Services (MDITS) 2890
in the review and approval of state and local government 2891
procurement of both hardware and software development relating to 2892
remote sensing and geographic information systems; 2893
(c) Oversight of MDITS' implementation of these 2894
responsibilities; 2895
(d) Preparing a plan, with proposed state funding 2896
priorities, for Mississippi's remote sensing and geographic 2897
information system activities, including development, operation 2898
and maintenance of the Mississippi Digital Earth Model; 2899
(e) Oversight of the Mississippi Department of 2900
Environmental Quality's development and maintenance of the 2901
Mississippi Digital Earth Model, including establishing policies 2902
and standards for the procurement of remote sensing and geographic 2903
information system data by state and local governmental entities 2904
and establishing the order in which the seven (7) core data layers 2905
shall be developed; 2906
(f) Designating Mississippi's official representative 2907
to the National States Geographic Information Council and to any 2908
other national or regional remote sensing or geographical 2909
information system organizations on which Mississippi has an 2910
official seat; 2911
(g) Establishing and designating the members of an 2912
advisory committee made up of policy level officials from major 2913
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state, local, regional and federal agencies, including, but not 2914
limited to, the National Association of Space Administration, the 2915
Mississippi Institute for Forestry Inventory, the Mississippi 2916
Department of Wildlife, Fisheries and Parks, the Mississippi 2917
Public Utilities Staff, the Department of Marine Resources, the 2918
county E911 coordinator, the State Health Officer, the 2919
Commissioner of Agriculture and Commerce, the * * * Department of 2920
Revenue, the Council of Consulting Engineers and the Mississippi 2921
Band of Choctaw Indians, as well as members of the private sector; 2922
(h) Creating a staff level technical users committee, 2923
in which any public or private sector entity in Mississippi 2924
interested in remote sensing and geographic information may be 2925
allowed to participate; 2926
(i) Coordinating with the * * * Department of Revenue 2927
to assure that state and local governmental entities do not have 2928
to comply with two (2) sets of requirements imposed by different 2929
organizations. 2930
(2) The Mississippi Coordinating Council for Remote Sensing 2931
and Geographic Information Systems will be composed of the 2932
following members: 2933
(a) The Executive Director of the Mississippi 2934
Department of Environmental Quality; 2935
(b) The Executive Director of the Mississippi 2936
Department of Information Technology Services; 2937
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(c) The Executive Director of the Mississippi 2938
Department of Transportation; 2939
(d) The Executive Director of the Mississippi Emergency 2940
Management Agency; 2941
(e) The Executive Director of the Mississippi 2942
Development Authority; 2943
(f) The Secretary of State; 2944
(g) The Executive Director of the Mississippi Forestry 2945
Commission; 2946
(h) The Director of the Mississippi State Board of 2947
Registered Professional Geologists; 2948
(i) A representative from the Institutions of Higher 2949
Learning, appointed by the Commissioner of the Institutions of 2950
Higher Learning; 2951
(j) One (1) mayor, serving a municipality, appointed by 2952
the Executive Director of the Mississippi Municipal League; 2953
(k) The Executive Director of the Mississippi Municipal 2954
League or his designee who will serve as the member; 2955
(l) One (1) county supervisor appointed by the 2956
Executive Director of the Mississippi Association of Supervisors; 2957
(m) The Executive Director of the Mississippi 2958
Association of Supervisors or his designee who will serve as the 2959
member; 2960
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(n) A member of the Tax Assessors/Collectors 2961
Association or the executive director of the association, to be 2962
appointed by the president of that association; 2963
(o) A representative of the Planning and Development 2964
Districts, appointed by the Governor; 2965
(p) A Senator, as a nonvoting member, appointed by the 2966
Lieutenant Governor; 2967
(q) A Representative, as a nonvoting member, appointed 2968
by the Speaker of the House; 2969
(r) A county surveyor who is a member of the 2970
Mississippi Association of Professional Surveyors, appointed by 2971
the president of the association; and 2972
The members listed in paragraphs (a) through (g) may appoint 2973
a designee, but the designee must be the head of an office, 2974
bureau, division or branch within the member's agency. 2975
The members of the council shall serve for a term concurrent 2976
with their service as an elected or appointed official or 2977
concurrent with the term of the appointing official. 2978
The Executive Director of the Department of Environmental 2979
Quality shall serve as council chair and the Executive Director of 2980
Information Technology Services as vice chair for the first two 2981
(2) years. After the first two (2) years, the council shall elect 2982
from its members a chair and vice chair, for terms to be specified 2983
by the council. 2984
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With regard to the designee chosen by the Executive Director 2985
of the Mississippi Municipal League or the Executive Director of 2986
the Mississippi Association of Supervisors, the designee shall 2987
become a permanent member of the council for a term concurrent 2988
with the term of the appointing executive director. 2989
(3) At the direction of the chairman of the council and 2990
contingent upon the availability of sufficient funds, each member 2991
may receive reimbursement for reasonable expenses, including 2992
travel expenses in accordance with rates established pursuant to 2993
Section 25-3-41, incurred in attending meetings of the council. 2994
Any member of the council who is also a state employee may not 2995
receive per diem compensation for attending meetings of the study 2996
committee, but may be reimbursed in accordance with Section 2997
25-3-41 for mileage and actual expenses incurred in the 2998
performance of the duties, if authorized by vote, at a meeting of 2999
the council, which action must be recorded in the official minutes 3000
of the meeting. Legislative members of the council will be paid 3001
from the contingent expense funds of their respective houses in 3002
the same amounts as provided for committee meetings when the 3003
Legislature is not in session. 3004
(4) The council may accept money from any source, public or 3005
private, to be expended in implementing the duties under this 3006
section. 3007
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(5) The council may utilize staff employed by the agencies 3008
affected by this section and any other assistance made available 3009
to it. 3010
SECTION 58. Section 27-7-83, Mississippi Code of 1972, is 3011
brought forward as follows: 3012
27-7-83. (1) Returns and return information filed or 3013
furnished under the provisions of this chapter shall be 3014
confidential, and except in accordance with proper judicial order, 3015
as otherwise authorized by this section, as authorized in Section 3016
27-4-3 or as authorized under Section 27-7-821, it shall be 3017
unlawful for the Commissioner of Revenue or any deputy, agent, 3018
clerk or other officer or employee of the Department of Revenue or 3019
the Mississippi Department of Information Technology Services, or 3020
any former employee thereof, to divulge or make known in any 3021
manner the amount of income or any particulars set forth or 3022
disclosed in any report or return required. The provisions of 3023
this section shall apply fully to any federal return, a copy of 3024
any portion of a federal return, or any information reflected on a 3025
federal return which is attached to or made a part of the state 3026
tax return. Likewise, the provisions of this section shall apply 3027
to any federal return or portion thereof, or to any federal return 3028
information data which is acquired from the Internal Revenue 3029
Service for state tax administration purposes pursuant to the 3030
Federal-State Exchange Program cited at Section 6103, Federal 3031
Internal Revenue Code. The term "proper judicial order" as used 3032
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in this section shall not include subpoenas or subpoenas duces 3033
tecum, but shall include only those orders entered by a court of 3034
record in this state after furnishing notice and a hearing to the 3035
taxpayer and the Department of Revenue. The court shall not 3036
authorize the furnishing of such information unless it is 3037
satisfied that the information is needed to pursue pending 3038
litigation wherein the return itself is in issue, or the judge is 3039
satisfied that the need for furnishing the information outweighs 3040
the rights of the taxpayer to have such information secreted. 3041
(2) Returns and return information with respect to taxes 3042
imposed by this chapter shall be open to inspection by or 3043
disclosure to the Commissioner of the Internal Revenue Service of 3044
the United States, or the proper officer of any state imposing an 3045
income tax similar to that imposed by this chapter, or the 3046
authorized representatives of such agencies. Such inspection 3047
shall be permitted, or such disclosure made, only upon written 3048
request by the head of such agencies, or the district director in 3049
the case of the Internal Revenue Service, and only to the 3050
representatives of such agencies designated in a written statement 3051
to the Commissioner of Revenue as the individuals who are to 3052
inspect or to receive the return or return information on behalf 3053
of such agency. The Commissioner of Revenue is authorized to 3054
enter into agreements with the Internal Revenue Service and with 3055
other states for the exchange of returns and return information 3056
data, or the disclosure of returns or return information data to 3057
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such agencies, only to the extent that the statutes of the United 3058
States or of such other state, as the case may be, grant 3059
substantially similar privileges to the proper officer of this 3060
state charged with the administration of the tax laws of this 3061
state. 3062
(3) (a) The return of a person shall, upon written request, 3063
be open to inspection by or disclosure to: 3064
(i) In the case of the return of an individual, 3065
that individual; 3066
(ii) In the case of an income tax return filed 3067
jointly, either of the individuals with respect to whom the return 3068
is filed; 3069
(iii) In the case of the return of a partnership, 3070
any person who was a member of such partnership during any part of 3071
the period covered by the return; 3072
(iv) In the case of the return of a corporation or 3073
a subsidiary thereof, any person designated by resolution of its 3074
board of directors or other similar governing body, or any officer 3075
or employee of such corporation upon written request signed by any 3076
principal officer and attested to by the secretary or other 3077
officer; 3078
(v) In the case of the return of an estate, the 3079
administrator, executor or trustee of such estate, and any heir at 3080
law, next of kin or beneficiary under the will, of the decedent, 3081
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but only to the extent that such latter persons have a material 3082
interest which will be affected by information contained therein; 3083
(vi) In the case of the return of a trust, the 3084
trustee or trustees, jointly or separately, and any beneficiary of 3085
such trust, but only to the extent that such beneficiary has a 3086
material interest which will be affected by information contained 3087
therein; 3088
(vii) In the case of the return of an individual 3089
or a return filed jointly, any claimant agency or claimant local 3090
government seeking to collect a debt through the setoff procedure 3091
established in Sections 27-7-701 through 27-7-713, Sections 3092
27-7-501 through 27-7-519, Sections 27-7-801 through 27-7-823, or 3093
Section 27-7-401, from an individual with respect to whom the 3094
return is filed. 3095
(b) If an individual described in paragraph (a) is 3096
legally incompetent, the applicable return shall, upon written 3097
request, be open to inspection by or disclosure to the committee, 3098
trustee or guardian of his estate. 3099
(c) If substantially all of the property of the person 3100
with respect to whom the return is filed is in the hands of a 3101
trustee in bankruptcy or receiver, such return or returns for 3102
prior years of such person shall, upon written request, be open to 3103
inspection by or disclosure to such trustee or receiver, but only 3104
if the Commissioner of Revenue finds that such receiver or 3105
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trustee, in his fiduciary capacity, has a material interest which 3106
will be affected by information contained therein. 3107
(d) Any return to which this section applies shall, 3108
upon written request, also be open to inspection by or disclosure 3109
to the attorney-in-fact duly authorized in writing by any of the 3110
persons described in paragraph (a) of this subsection to inspect 3111
the return or receive the information on his behalf, subject to 3112
the conditions provided in paragraph (a). 3113
(e) Return information with respect to any taxpayer may 3114
be open to inspection by or disclosure to any person authorized by 3115
this subsection to inspect any return of such taxpayer if the 3116
Commissioner of Revenue determines that such disclosure would not 3117
seriously impair state tax administration. 3118
(4) The State Auditor and the employees of his office shall 3119
have the right to examine only such tax returns as are necessary 3120
for auditing the Department of Revenue and auditing benefits 3121
administered under the United States Department of Health and 3122
Human Services and the United States Department of Agriculture. 3123
The State Auditor and the employees of his office may make 3124
information related to auditing such benefits available to and may 3125
exchange the information with state agencies responsible for the 3126
administration of the benefits. Except as otherwise provided in 3127
this subsection (4), the same prohibitions against disclosure 3128
which apply to the Department of Revenue shall apply to the State 3129
Auditor and his employees or former employees. 3130
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(5) Officers and employees of the Mississippi Development 3131
Authority who execute a confidentiality agreement with the 3132
Department of Revenue shall be authorized to discuss and examine 3133
information to which this section applies at the offices of the 3134
Mississippi Department of Revenue. This disclosure is limited to 3135
information necessary to properly administer the programs under 3136
the jurisdiction of the Mississippi Development Authority. The 3137
Department of Revenue is authorized to disclose to officers and 3138
employees of the Mississippi Development Authority who execute a 3139
confidentiality agreement the information necessary under the 3140
circumstances. The same prohibitions against disclosure which 3141
apply to the Department of Revenue shall apply to the officers or 3142
employees of the Mississippi Development Authority. 3143
(6) Information required by the University Research Center 3144
to prepare the analyses required by Sections 57-13-101 through 3145
57-13-109 shall be furnished to the University Research Center 3146
upon request. It shall be unlawful for any officer or employee of 3147
the University Research Center to divulge or make known in any 3148
manner the amount of income or any particulars set forth or 3149
disclosed in any information received by the center from the 3150
Department of Revenue other than as may be required by Sections 3151
57-13-101 through 57-13-109 in an analysis prepared pursuant to 3152
Sections 57-13-101 through 57-13-109. 3153
(7) Information required by the Mississippi Development 3154
Authority to prepare the reports required by Section 57-1-12.2 3155
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shall be furnished to the Mississippi Development Authority upon 3156
request. It shall be unlawful for any officer or employee of the 3157
Mississippi Development Authority to divulge or make known in any 3158
manner the amount of income or any particulars set forth or 3159
disclosed in any information received by the Mississippi 3160
Development Authority from the Department of Revenue other than as 3161
may be required by Section 57-1-12.2 in a report prepared pursuant 3162
to Section 57-1-12.2. 3163
(8) Information necessary to comply with Chapter 13, Title 3164
85, may be furnished to financial institutions. It shall be 3165
unlawful for any officer or employee of the financial institution 3166
to divulge or make known in any manner the amount of income or any 3167
particulars set forth or disclosed in any information received by 3168
the financial institution from the Department of Revenue other 3169
than as may be authorized by Chapter 13, Title 85. 3170
(9) The Commissioner of Revenue and the Department of 3171
Revenue are authorized to discuss with and provide the Attorney 3172
General or his designated representative with information related 3173
to an offer to compromise and settle any doubtful claim regarding 3174
a finally determined tax liability as authorized by Section 3175
31-19-30. It shall be unlawful for the Attorney General or any 3176
officer or employee of the Attorney General to divulge or make 3177
known in any manner the amount of income or any particulars set 3178
forth or disclosed in any information received by the Attorney 3179
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General's office from the Commissioner of Revenue or Department of 3180
Revenue other than as may be required by Section 31-19-30. 3181
(10) Nothing in this section shall be construed to prohibit 3182
the publication of statistics, so classified as to prevent the 3183
identification of particular reports or returns and the items 3184
thereof, or the inspection by the Attorney General, or any other 3185
attorney representing the state, of the report or return of any 3186
taxpayer who shall bring action to set aside the tax thereon, or 3187
against whom any action or proceeding has been instituted to 3188
recover any tax or penalty imposed. 3189
(11) Nothing in this section shall prohibit the commissioner 3190
from making available information necessary to recover taxes owing 3191
the state pursuant to the authority granted in Section 27-75-16. 3192
(12) Reports and returns required under the provisions of 3193
this chapter shall be preserved in accordance with approved 3194
records control schedules. No records, however, may be destroyed 3195
without the approval of the Director of the Department of Archives 3196
and History. 3197
(13) The Department of Revenue is authorized to disclose to 3198
the Child Support Unit and to the Fraud Investigation Unit of the 3199
Department of Human Services without the need for a subpoena or 3200
proper judicial order the name, address, social security number, 3201
amount of income, source of income, assets and other relevant 3202
information, records and tax forms for individuals who are 3203
delinquent in the payment of any child support as defined in 3204
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Section 93-11-101 or who are under investigation for fraud or 3205
abuse of any state or federal program or statute as provided in 3206
Section 43-1-23. 3207
(14) Nothing in this section shall prohibit the Department 3208
of Revenue from exchanging information with the federal government 3209
that is necessary to offset income tax refund payment on debts 3210
owed to this state or the United States. 3211
(15) Nothing in this section shall prohibit the department 3212
from making available information that is necessary to be 3213
disclosed for the administration and enforcement of Section 3214
27-7-87. 3215
SECTION 59. Section 27-65-81, Mississippi Code of 1972, is 3216
brought forward as follows: 3217
27-65-81. (1) Applications, returns and information 3218
contained therein filed or furnished under this chapter shall be 3219
confidential, and except in accordance with proper judicial order, 3220
or as otherwise authorized by this section or as authorized by 3221
Section 27-4-3, it shall be unlawful for the Commissioner of 3222
Revenue or any deputy, agent, clerk or other officer or employee 3223
of the Department of Revenue or Department of Information 3224
Technology Services, or any former employee thereof, to divulge or 3225
make known in any manner the amount of income or any particulars 3226
set forth or disclosed on any application, report or return 3227
required. 3228
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The term "proper judicial order" as used in this section 3229
shall not include subpoenas or subpoenas duces tecum but shall 3230
include only those orders entered by a court of record in this 3231
state after furnishing notice and a hearing to the taxpayer and 3232
the Department of Revenue. The court shall not authorize the 3233
furnishing of such information unless it is satisfied that the 3234
information is needed to pursue pending litigation wherein the 3235
return itself is in issue, or the judge is satisfied that the need 3236
for furnishing the information outweighs the rights of the 3237
taxpayer to have such information secreted. 3238
(2) Such information contained on the application, returns 3239
or reports may be furnished to: 3240
(a) Members and employees of the Department of Revenue 3241
and the income tax department thereof, for the purpose of 3242
checking, comparing and correcting returns; 3243
(b) The Attorney General, or any other attorney 3244
representing the state in any action in respect to the amount of 3245
tax under the provisions of this chapter; 3246
(c) The revenue department of other states or the 3247
federal government when said states or federal government grants a 3248
like comity to Mississippi. 3249
(3) The State Auditor and the employees of his office shall 3250
have the right to examine only such tax returns as are necessary 3251
for auditing the Department of Revenue, and the same prohibitions 3252
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against disclosure which apply to the Department of Revenue shall 3253
apply to the State Auditor and his office. 3254
(4) Officers and employees of the Mississippi Development 3255
Authority who execute a confidentiality agreement with the 3256
Department of Revenue shall be authorized to discuss and examine 3257
information to which this section applies at the offices of the 3258
Mississippi Department of Revenue. This disclosure is limited to 3259
information necessary to properly administer the programs under 3260
the jurisdiction of the Mississippi Development Authority. The 3261
Department of Revenue is authorized to disclose to officers and 3262
employees of the Mississippi Development Authority who execute a 3263
confidentiality agreement the information necessary under the 3264
circumstances. The same prohibitions against disclosure which 3265
apply to the Department of Revenue shall apply to the officers or 3266
employees of the Mississippi Development Authority. 3267
(5) Information required by the University Research Center 3268
to prepare the analyses required by Sections 57-13-101 through 3269
57-13-109 shall be furnished to the University Research Center 3270
upon request. It shall be unlawful for any officer or employee of 3271
the University Research Center to divulge or make known in any 3272
manner the amount of income or any particulars set forth or 3273
disclosed in any information received by the center from the 3274
Department of Revenue other than as may be required by Sections 3275
57-13-101 through 57-13-109 in an analysis prepared pursuant to 3276
Sections 57-13-101 through 57-13-109. 3277
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(6) Information required by the Mississippi Development 3278
Authority to prepare the reports required by Section 57-1-12.2 3279
shall be furnished to the Mississippi Development Authority upon 3280
request. It shall be unlawful for any officer or employee of the 3281
Mississippi Development Authority to divulge or make known in any 3282
manner the amount of income or any particulars set forth or 3283
disclosed in any information received by the Mississippi 3284
Development Authority from the Department of Revenue other than as 3285
may be required by Section 57-1-12.2 in a report prepared pursuant 3286
to Section 57-1-12.2. 3287
(7) Information necessary to comply with Chapter 13, Title 3288
85, may be furnished to financial institutions. It shall be 3289
unlawful for any officer or employee of the financial institution 3290
to divulge or make known in any manner the amount of income or any 3291
particulars set forth or disclosed in any information received by 3292
the financial institution from the Department of Revenue other 3293
than as may be authorized by Chapter 13, Title 85. 3294
(8) The Commissioner of Revenue and the Department of 3295
Revenue are authorized to discuss with and provide the Attorney 3296
General or his designated representative with information related 3297
to an offer to compromise and settle any doubtful claim regarding 3298
a finally determined tax liability as authorized by Section 3299
31-19-30. It shall be unlawful for the Attorney General or any 3300
officer or employee of the Attorney General to divulge or make 3301
known in any manner the amount of income or any particulars set 3302
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forth or disclosed in any information received by the Attorney 3303
General's office from the Commissioner of Revenue or Department of 3304
Revenue other than as may be required by Section 31-19-30. 3305
(9) Nothing in this section shall prohibit the Commissioner 3306
of Revenue from making available information necessary to recover 3307
taxes owing the state pursuant to the authority granted in Section 3308
27-75-16. 3309
(10) The Department of Revenue is authorized to disclose to 3310
the Child Support Unit and to the Fraud Investigation Unit of the 3311
Department of Human Services without the need for a subpoena or 3312
proper judicial order the name, address, social security number, 3313
amount of income, amount of sales tax, source of income, assets 3314
and other relevant information, records and tax forms for 3315
individuals who are delinquent in the payment of any child support 3316
as defined in Section 93-11-101 or who are under investigation for 3317
fraud or abuse of any state or federal program or statute as 3318
provided in Section 43-1-23. 3319
SECTION 60. Section 27-104-165, Mississippi Code of 1972, is 3320
brought forward as follows: 3321
27-104-165. The Department of Finance and Administration, 3322
with assistance from the Mississippi Department of Information 3323
Technology Services and the State Personnel Board, may develop a 3324
phased-in plan that ensures that the procurement portal required 3325
under Section 25-53-151 be fully functional by July 1, 2015. 3326
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SECTION 61. Section 27-115-49, Mississippi Code of 1972, is 3327
brought forward as follows: 3328
27-115-49. (1) The corporation shall enter into its 3329
contracts for major procurements after bidding. The corporation 3330
may adopt administrative rules and regulations pursuant to the 3331
provisions of this chapter providing for special procedures 3332
whereby the Mississippi Lottery Corporation may make any class of 3333
procurement. 3334
(2) In its bidding processes, the corporation may do its own 3335
bidding and procurement or may utilize the services of the 3336
Department of Finance and Administration, the Department of 3337
Information Technology Services, or other state agencies as 3338
appropriate and necessary. The president of the corporation may, 3339
with approval of the board, declare an emergency for purchasing 3340
purposes which shall be governed by the administrative rules and 3341
regulations adopted by the board. 3342
SECTION 62. Section 31-7-10, Mississippi Code of 1972, is 3343
brought forward as follows: 3344
31-7-10. (1) For the purposes of this section, the term 3345
"equipment" shall mean equipment, furniture, and if applicable, 3346
associated software and other applicable direct costs associated 3347
with the acquisition. In addition to its other powers and duties, 3348
the Department of Finance and Administration shall have the 3349
authority to develop a master lease-purchase program and, pursuant 3350
to that program, shall have the authority to execute on behalf of 3351
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the state master lease-purchase agreements for equipment to be 3352
used by an agency, as provided in this section. Each agency 3353
electing to acquire equipment by a lease-purchase agreement shall 3354
participate in the Department of Finance and Administration's 3355
master lease-purchase program, unless the Department of Finance 3356
and Administration makes a determination that such equipment 3357
cannot be obtained under the program or unless the equipment can 3358
be obtained elsewhere at an overall cost lower than that for which 3359
the equipment can be obtained under the program. Such 3360
lease-purchase agreements may include the refinancing or 3361
consolidation, or both, of any state agency lease-purchase 3362
agreements entered into after June 30, 1990. 3363
(2) All funds designated by agencies for procurement of 3364
equipment and financing thereof under the master lease-purchase 3365
program shall be paid into a special fund created in the State 3366
Treasury known as the "Master Lease-Purchase Program Fund," which 3367
shall be used by the Department of Finance and Administration for 3368
payment to the lessors for equipment acquired under master 3369
lease-purchase agreements. 3370
(3) Upon final approval of an appropriation bill, each 3371
agency shall submit to the Public Procurement Review Board a 3372
schedule of proposed equipment acquisitions for the master 3373
lease-purchase program. Upon approval of an equipment schedule by 3374
the Public Procurement Review Board with the advice of the 3375
Department of Information Technology Services, the Office of 3376
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Purchasing, Travel and Fleet Management, and the Division of 3377
Energy and Transportation of the Mississippi Development Authority 3378
as it pertains to energy efficient climate control systems, the 3379
Public Procurement Review Board shall forward a copy of the 3380
equipment schedule to the Department of Finance and 3381
Administration. 3382
(4) The level of lease-purchase debt recommended by the 3383
Department of Finance and Administration shall be subject to 3384
approval by the State Bond Commission. After such approval, the 3385
Department of Finance and Administration shall be authorized to 3386
advertise and solicit written competitive proposals for a lessor, 3387
who will purchase the equipment pursuant to bid awards made by the 3388
using agency under a given category and then transfer the 3389
equipment to the Department of Finance and Administration as 3390
lessee, pursuant to a master lease-purchase agreement. 3391
The Department of Finance and Administration shall select the 3392
successful proposer for the financing of equipment under the 3393
master lease-purchase program with the approval of the State Bond 3394
Commission. 3395
(5) Each master lease-purchase agreement, and any subsequent 3396
amendments, shall include such terms and conditions as the State 3397
Bond Commission shall determine to be appropriate and in the 3398
public interest, and may include any covenants deemed necessary or 3399
desirable to protect the interests of the lessor, including, but 3400
not limited to, provisions setting forth the interest rate (or 3401
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method for computing interest rates) for financing pursuant to 3402
such agreement, covenants concerning application of payments and 3403
funds held in the Master Lease-Purchase Program Fund, covenants to 3404
maintain casualty insurance with respect to equipment subject to 3405
the master lease-purchase agreement (and all state agencies are 3406
specifically authorized to purchase any insurance required by a 3407
master lease-purchase agreement) and covenants precluding or 3408
limiting the right of the lessee or user to acquire equipment 3409
within a specified time (not to exceed five (5) years) after 3410
cancellation on the basis of a failure to appropriate funds for 3411
payment of amounts due under a lease-purchase agreement covering 3412
comparable equipment. The State Bond Commission shall transmit 3413
copies of each such master lease-purchase agreement and each such 3414
amendment to the Joint Legislative Budget Committee. To the 3415
extent provided in any master lease-purchase agreement, title to 3416
equipment leased pursuant thereto shall be deemed to be vested in 3417
the state or the user of the equipment (as specified in such 3418
master lease-purchase agreement), subject to default under or 3419
termination of such master lease-purchase agreement. 3420
A master lease-purchase agreement may provide for payment by 3421
the lessor to the lessee of the purchase price of the equipment to 3422
be acquired pursuant thereto prior to the date on which payment is 3423
due to the vendor for such equipment and that the lease payments 3424
by the lessee shall commence as though the equipment had been 3425
provided on the date of payment. If the lessee, or lessee's 3426
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escrow agent, has sufficient funds for payment of equipment 3427
purchases prior to payment due date to vendor of equipment, such 3428
funds shall be held or utilized on an as-needed basis for payment 3429
of equipment purchases either by the State Treasurer (in which 3430
event the master lease-purchase agreement may include provisions 3431
concerning the holding of such funds, the creation of a security 3432
interest for the benefit of the lessor in such funds until 3433
disbursed and other appropriate provisions approved by the Bond 3434
Commission) or by a corporate trustee selected by the Department 3435
of Finance and Administration (in which event the Department of 3436
Finance and Administration shall have the authority to enter into 3437
an agreement with such a corporate trustee containing terms and 3438
conditions approved by the Bond Commission). Earnings on any 3439
amount paid by the lessor prior to the acquisition of the 3440
equipment may be used to make lease payments under the master 3441
lease-purchase agreement or applied to pay costs and expenses 3442
incurred in connection with such lease-purchase agreement. In 3443
such event, the equipment-use agreements with the user agency may 3444
provide for lease payments to commence upon the date of payment by 3445
the lessor and may also provide for a credit against such payments 3446
to the extent that investment receipts from investment of the 3447
purchase price are to be used to make lease-purchase payments. 3448
(6) The annual rate of interest paid under any 3449
lease-purchase agreement authorized under this section shall not 3450
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exceed the maximum interest rate to maturity on general obligation 3451
indebtedness permitted under Section 75-17-101. 3452
(7) The Department of Finance and Administration shall 3453
furnish the equipment to the various agencies, also known as the 3454
user, pursuant to an equipment-use agreement developed by the 3455
Department of Finance and Administration. Such agreements shall 3456
require that all monthly payments due from such agency be paid, 3457
transferred or allocated into the Master Lease-Purchase Program 3458
Fund pursuant to a schedule established by the Department of 3459
Finance and Administration. In the event such sums are not paid 3460
by the defined payment period, the Executive Director of the 3461
Department of Finance and Administration shall issue a requisition 3462
for a warrant to draw such amount as may be due from any funds 3463
appropriated for the use of the agency which has failed to make 3464
the payment as agreed. 3465
(8) All master lease-purchase agreements executed under the 3466
authority of this section shall contain the following annual 3467
allocation dependency clause or an annual allocation dependency 3468
clause which is substantially equivalent thereto: "The 3469
continuation of each equipment schedule to this agreement is 3470
contingent in whole or in part upon the appropriation of funds by 3471
the Legislature to make the lease-purchase payments required under 3472
such equipment schedule. If the Legislature fails to appropriate 3473
sufficient funds to provide for the continuation of the 3474
lease-purchase payments under any such equipment schedule, then 3475
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the obligations of the lessee and of the agency to make such 3476
lease-purchase payments and the corresponding provisions of any 3477
such equipment schedule to this agreement shall terminate on the 3478
last day of the fiscal year for which appropriations were made." 3479
(9) The maximum lease term for any equipment acquired under 3480
the master lease-purchase program shall not exceed the useful life 3481
of such equipment as determined according to the upper limit of 3482
the asset depreciation range (ADR) guidelines for the Class Life 3483
Asset Depreciation Range System established by the Internal 3484
Revenue Service pursuant to the United States Internal Revenue 3485
Code and Regulations thereunder as in effect on December 31, 1980, 3486
or comparable depreciation guidelines with respect to any 3487
equipment not covered by ADR guidelines. The Department of 3488
Finance and Administration shall be deemed to have met the 3489
requirements of this subsection if the term of a master 3490
lease-purchase agreement does not exceed the weighted average 3491
useful life of all equipment covered by such agreement and the 3492
schedules thereto as determined by the Department of Finance and 3493
Administration. For purposes of this subsection, the "term of a 3494
master lease-purchase agreement" shall be the weighted average 3495
maturity of all principal payments to be made under such master 3496
lease-purchase agreement and all schedules thereto. 3497
(10) Interest paid on any master lease-purchase agreement 3498
under this section shall be exempt from State of Mississippi 3499
income taxation. All equipment, and the purchase thereof by any 3500
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lessor, acquired under the master lease-purchase program and all 3501
lease-purchase payments with respect thereto shall be exempt from 3502
all Mississippi sales, use and ad valorem taxes. 3503
(11) The Governor, in his annual executive budget to the 3504
Legislature, shall recommend appropriations sufficient to provide 3505
funds to pay all amounts due and payable during the applicable 3506
fiscal year under master lease-purchase agreements entered into 3507
pursuant to this section. 3508
(12) Any master lease-purchase agreement reciting in 3509
substance that such agreement has been entered into pursuant to 3510
this section shall be conclusively deemed to have been entered 3511
into in accordance with all of the provisions and conditions set 3512
forth in this section. Any defect or irregularity arising with 3513
respect to procedures applicable to the acquisition of any 3514
equipment shall not invalidate or otherwise limit the obligation 3515
of the Department of Finance and Administration, or the state or 3516
any agency of the state, under any master lease-purchase agreement 3517
or any equipment-use agreement. 3518
(13) There shall be maintained by the Department of Finance 3519
and Administration, with respect to each master lease-purchase 3520
agreement, an itemized statement of the cash price, interest 3521
rates, interest costs, commissions, debt service schedules and all 3522
other costs and expenses paid by the state incident to the 3523
lease-purchase of equipment under such agreement. 3524
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(14) Lease-purchase agreements entered into by the Board of 3525
Trustees of State Institutions of Higher Learning pursuant to the 3526
authority of Section 37-101-413 or by any other agency which has 3527
specific statutory authority other than pursuant to Section 3528
31-7-13(e) to acquire equipment by lease-purchase shall not be 3529
made pursuant to the master lease-purchase program under this 3530
section, unless the Board of Trustees of State Institutions of 3531
Higher Learning or such other agency elects to participate as to 3532
part or all of its lease-purchase acquisitions in the master 3533
lease-purchase program pursuant to this section. 3534
(15) The Department of Finance and Administration may 3535
develop a master lease-purchase program for school districts and, 3536
pursuant to that program, may execute on behalf of the school 3537
districts master lease-purchase agreements for equipment to be 3538
used by the school districts. The form and structure of this 3539
program shall be substantially the same as set forth in this 3540
section for the master lease-purchase program for state agencies. 3541
If sums due from a school district under the master lease-purchase 3542
program are not paid by the expiration of the defined payment 3543
period, the Executive Director of the Department of Finance and 3544
Administration may withhold such amount that is due from the 3545
school district's allotments of the total funding formula funds as 3546
determined by Sections 37-151-200 through 37-151-215. 3547
(16) The Department of Finance and Administration may 3548
develop a master lease-purchase program for community and junior 3549
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college districts and, pursuant to that program, may execute on 3550
behalf of the community and junior college districts master 3551
lease-purchase agreements for equipment to be used by the 3552
community and junior college districts. The form and structure of 3553
this program must be substantially the same as set forth in this 3554
section for the master lease-purchase program for state agencies. 3555
If sums due from a community or junior college district under the 3556
master lease-purchase program are not paid by the expiration of 3557
the defined payment period, the Executive Director of the 3558
Department of Finance and Administration may withhold an amount 3559
equal to the amount due under the program from any funds allocated 3560
for that community or junior college district in the state 3561
appropriations for the use and support of the community and junior 3562
colleges. 3563
(17) From and after July 1, 2016, the expenses of this 3564
agency shall be defrayed by appropriation from the State General 3565
Fund and all user charges and fees authorized under this section 3566
shall be deposited into the State General Fund as authorized by 3567
law. 3568
(18) From and after July 1, 2016, no state agency shall 3569
charge another state agency a fee, assessment, rent or other 3570
charge for services or resources received by authority of this 3571
section. 3572
SECTION 63. Section 31-7-13, Mississippi Code of 1972, is 3573
brought forward as follows: 3574
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31-7-13. All agencies and governing authorities shall 3575
purchase their commodities and printing; contract for garbage 3576
collection or disposal; contract for solid waste collection or 3577
disposal; contract for sewage collection or disposal; contract for 3578
public construction; and contract for rentals as herein provided. 3579
(a) Bidding procedure for purchases not over $5,000.00. 3580
Purchases which do not involve an expenditure of more than Five 3581
Thousand Dollars ($5,000.00), exclusive of freight or shipping 3582
charges, may be made without advertising or otherwise requesting 3583
competitive bids. However, nothing contained in this paragraph 3584
(a) shall be construed to prohibit any agency or governing 3585
authority from establishing procedures which require competitive 3586
bids on purchases of Five Thousand Dollars ($5,000.00) or less. 3587
(b) Bidding procedure for purchases over $5,000.00 but 3588
not over $75,000.00. Purchases which involve an expenditure of 3589
more than Five Thousand Dollars ($5,000.00) but not more than 3590
Seventy-five Thousand Dollars ($75,000.00), exclusive of freight 3591
and shipping charges, may be made from the lowest and best bidder 3592
without publishing or posting advertisement for bids, provided at 3593
least two (2) competitive written bids have been obtained. Any 3594
state agency or community or junior college purchasing commodities 3595
or procuring construction pursuant to this paragraph (b) may 3596
authorize its purchasing agent, or his designee, to accept the 3597
lowest competitive written bid under Seventy-five Thousand Dollars 3598
($75,000.00). Any governing authority purchasing commodities 3599
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pursuant to this paragraph (b) may authorize its purchasing agent, 3600
or his designee, with regard to governing authorities other than 3601
counties, or its purchase clerk, or his designee, with regard to 3602
counties, to accept the lowest and best competitive written bid. 3603
Such authorization shall be made in writing by the governing 3604
authority and shall be maintained on file in the primary office of 3605
the agency and recorded in the official minutes of the governing 3606
authority, as appropriate. The purchasing agent or the purchase 3607
clerk, or his designee, as the case may be, and not the governing 3608
authority, shall be liable for any penalties and/or damages as may 3609
be imposed by law for any act or omission of the purchasing agent 3610
or purchase clerk, or his designee, constituting a violation of 3611
law in accepting any bid without approval by the governing 3612
authority. The term "competitive written bid" shall mean a bid 3613
submitted on a bid form furnished by the buying agency or 3614
governing authority and signed by authorized personnel 3615
representing the vendor, or a bid submitted on a vendor's 3616
letterhead or identifiable bid form and signed by authorized 3617
personnel representing the vendor. "Competitive" shall mean that 3618
the bids are developed based upon comparable identification of the 3619
needs and are developed independently and without knowledge of 3620
other bids or prospective bids. Any bid item for construction in 3621
excess of Five Thousand Dollars ($5,000.00) shall be broken down 3622
by components to provide detail of component description and 3623
pricing. These details shall be submitted with the written bids 3624
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and become part of the bid evaluation criteria. Bids may be 3625
submitted by facsimile, electronic mail or other generally 3626
accepted method of information distribution. Bids submitted by 3627
electronic transmission shall not require the signature of the 3628
vendor's representative unless required by agencies or governing 3629
authorities. 3630
(c) Bidding procedure for purchases over $75,000.00. 3631
(i) Publication requirement. 3632
1. Purchases which involve an expenditure of 3633
more than Seventy-five Thousand Dollars ($75,000.00), exclusive of 3634
freight and shipping charges, may be made from the lowest and best 3635
bidder after advertising for competitive bids once each week for 3636
two (2) consecutive weeks in a regular newspaper published in the 3637
county or municipality in which such agency or governing authority 3638
is located. However, all American Recovery and Reinvestment Act 3639
projects in excess of Twenty-five Thousand Dollars ($25,000.00) 3640
shall be bid. All references to American Recovery and 3641
Reinvestment Act projects in this section shall not apply to 3642
programs identified in Division B of the American Recovery and 3643
Reinvestment Act. 3644
2. Reverse auctions shall be the primary 3645
method for receiving bids during the bidding process. If a 3646
purchasing entity determines that a reverse auction is not in the 3647
best interest of the state, then that determination must be 3648
approved by the Public Procurement Review Board. The purchasing 3649
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entity shall submit a detailed explanation of why a reverse 3650
auction would not be in the best interest of the state and present 3651
an alternative process to be approved by the Public Procurement 3652
Review Board. If the Public Procurement Review Board authorizes 3653
the purchasing entity to solicit bids with a method other than 3654
reverse auction, then the purchasing entity may designate the 3655
other methods by which the bids will be received, including, but 3656
not limited to, bids sealed in an envelope, bids received 3657
electronically in a secure system, or bids received by any other 3658
method that promotes open competition and has been approved by the 3659
Office of Purchasing and Travel. However, reverse auction shall 3660
not be used for any public contract for design, construction, 3661
improvement, repair or remodeling of any public facilities, 3662
including the purchase of materials, supplies, equipment or goods 3663
for same and including buildings, roads and bridges. The Public 3664
Procurement Review Board must approve any contract entered into by 3665
alternative process. The provisions of this item 2 shall not 3666
apply to the individual state institutions of higher learning. 3667
The provisions of this item 2 requiring reverse auction as the 3668
primary method of receiving bids shall not apply to term contract 3669
purchases as provided in paragraph (n) of this section; however, a 3670
purchasing entity may, in its discretion, utilize reverse auction 3671
for such purchases. The provisions of this item 2 shall not apply 3672
to individual public schools, including public charter schools and 3673
public school districts, only when purchasing copyrighted 3674
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educational supplemental materials and software as a service 3675
product. For such purchases, a local school board may authorize a 3676
purchasing entity in its jurisdiction to use a Request for 3677
Qualifications which promotes open competition and meets the 3678
requirements of the Office of Purchasing and Travel. 3679
3. The date as published for the bid opening 3680
shall not be less than seven (7) working days after the last 3681
published notice; however, if the purchase involves a construction 3682
project in which the estimated cost is in excess of Seventy-five 3683
Thousand Dollars ($75,000.00), such bids shall not be opened in 3684
less than fifteen (15) working days after the last notice is 3685
published and the notice for the purchase of such construction 3686
shall be published once each week for two (2) consecutive weeks. 3687
The notice of intention to let contracts or purchase equipment 3688
shall state the time and place at which bids shall be received, 3689
list the contracts to be made or types of equipment or supplies to 3690
be purchased, and, if all plans and/or specifications are not 3691
published, refer to the plans and/or specifications on file. If 3692
there is no newspaper published in the county or municipality, 3693
then such notice shall be given by posting same at the courthouse, 3694
or for municipalities at the city hall, and at two (2) other 3695
public places in the county or municipality, and also by 3696
publication once each week for two (2) consecutive weeks in some 3697
newspaper having a general circulation in the county or 3698
municipality in the above-provided manner. On the same date that 3699
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the notice is submitted to the newspaper for publication, the 3700
agency or governing authority involved shall mail written notice 3701
to, or provide electronic notification to the main office of the 3702
Mississippi Procurement Technical Assistance Program under the 3703
Mississippi Development Authority that contains the same 3704
information as that in the published notice. Within one (1) 3705
working day of the contract award, the agency or governing 3706
authority shall post to the designated web page maintained by the 3707
Department of Finance and Administration, notice of the award, 3708
including the award recipient, the contract amount, and a brief 3709
summary of the contract in accordance with rules promulgated by 3710
the department. Within one (1) working day of the contract 3711
execution, the agency or governing authority shall post to the 3712
designated web page maintained by the Department of Finance and 3713
Administration a summary of the executed contract and make a copy 3714
of the appropriately redacted contract documents available for 3715
linking to the designated web page in accordance with the rules 3716
promulgated by the department. The information provided by the 3717
agency or governing authority shall be posted to the web page 3718
until the project is completed. 3719
4. Agencies and governing authorities using 3720
federal funds for the procurement of any good or service, 3721
including exempt personal and professional services, must comply 3722
with the Uniform Administrative Requirements, Cost Principles, and 3723
Audit Requirements for Federal Awards - Subpart D - Post Federal 3724
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Award Requirements Procurement Standards, in accordance with 2 CFR 3725
200.317 through 2 CFR 200.327. 3726
(ii) Bidding process amendment procedure. If all 3727
plans and/or specifications are published in the notification, 3728
then the plans and/or specifications may not be amended. If all 3729
plans and/or specifications are not published in the notification, 3730
then amendments to the plans/specifications, bid opening date, bid 3731
opening time and place may be made, provided that the agency or 3732
governing authority maintains a list of all prospective bidders 3733
who are known to have received a copy of the bid documents and all 3734
such prospective bidders are sent copies of all amendments. This 3735
notification of amendments may be made via mail, facsimile, 3736
electronic mail or other generally accepted method of information 3737
distribution. No addendum to bid specifications may be issued 3738
within two (2) working days of the time established for the 3739
receipt of bids unless such addendum also amends the bid opening 3740
to a date not less than five (5) working days after the date of 3741
the addendum. 3742
(iii) Filing requirement. In all cases involving 3743
governing authorities, before the notice shall be published or 3744
posted, the plans or specifications for the construction or 3745
equipment being sought shall be filed with the clerk of the board 3746
of the governing authority. In addition to these requirements, a 3747
bid file shall be established which shall indicate those vendors 3748
to whom such solicitations and specifications were issued, and 3749
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such file shall also contain such information as is pertinent to 3750
the bid. 3751
(iv) Specification restrictions. 3752
1. Specifications pertinent to such bidding 3753
shall be written so as not to exclude comparable equipment of 3754
domestic manufacture. However, if valid justification is 3755
presented, the Department of Finance and Administration or the 3756
board of a governing authority may approve a request for specific 3757
equipment necessary to perform a specific job. Further, such 3758
justification, when placed on the minutes of the board of a 3759
governing authority, may serve as authority for that governing 3760
authority to write specifications to require a specific item of 3761
equipment needed to perform a specific job. In addition to these 3762
requirements, from and after July 1, 1990, vendors of relocatable 3763
classrooms and the specifications for the purchase of such 3764
relocatable classrooms published by local school boards shall meet 3765
all pertinent regulations of the State Board of Education, 3766
including prior approval of such bid by the State Department of 3767
Education. 3768
2. Specifications for construction projects 3769
may include an allowance for commodities, equipment, furniture, 3770
construction materials or systems in which prospective bidders are 3771
instructed to include in their bids specified amounts for such 3772
items so long as the allowance items are acquired by the vendor in 3773
a commercially reasonable manner and approved by the 3774
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agency/governing authority. Such acquisitions shall not be made 3775
to circumvent the public purchasing laws. 3776
(v) Electronic bids. Agencies and governing 3777
authorities shall provide a secure electronic interactive system 3778
for the submittal of bids requiring competitive bidding that shall 3779
be an additional bidding option for those bidders who choose to 3780
submit their bids electronically. The Department of Finance and 3781
Administration shall provide, by regulation, the standards that 3782
agencies must follow when receiving electronic bids. Agencies and 3783
governing authorities shall make the appropriate provisions 3784
necessary to accept electronic bids from those bidders who choose 3785
to submit their bids electronically for all purchases requiring 3786
competitive bidding under this section. Any special condition or 3787
requirement for the electronic bid submission shall be specified 3788
in the advertisement for bids required by this section. Agencies 3789
or governing authorities that are currently without available high 3790
speed Internet access shall be exempt from the requirement of this 3791
subparagraph (v) until such time that high speed Internet access 3792
becomes available. Any county having a population of less than 3793
twenty thousand (20,000) shall be exempt from the provisions of 3794
this subparagraph (v). Any municipality having a population of 3795
less than ten thousand (10,000) shall be exempt from the 3796
provisions of this subparagraph (v). The provisions of this 3797
subparagraph (v) shall not require any bidder to submit bids 3798
electronically. When construction bids are submitted 3799
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electronically, the requirement for including a certificate of 3800
responsibility, or a statement that the bid enclosed does not 3801
exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the 3802
bid envelope as indicated in Section 31-3-21(1) and (2) shall be 3803
deemed in compliance with by including same as an attachment with 3804
the electronic bid submittal. 3805
(d) Lowest and best bid decision procedure. 3806
(i) Decision procedure. Purchases may be made 3807
from the lowest and best bidder. In determining the lowest and 3808
best bid, freight and shipping charges shall be included. 3809
Life-cycle costing, total cost bids, warranties, guaranteed 3810
buy-back provisions and other relevant provisions may be included 3811
in the best bid calculation. All best bid procedures for state 3812
agencies must be in compliance with regulations established by the 3813
Department of Finance and Administration. If any governing 3814
authority accepts a bid other than the lowest bid actually 3815
submitted, it shall place on its minutes detailed calculations and 3816
narrative summary showing that the accepted bid was determined to 3817
be the lowest and best bid, including the dollar amount of the 3818
accepted bid and the dollar amount of the lowest bid. No agency 3819
or governing authority shall accept a bid based on items not 3820
included in the specifications. 3821
(ii) Decision procedure for Certified Purchasing 3822
Offices. In addition to the decision procedure set forth in 3823
subparagraph (i) of this paragraph (d), Certified Purchasing 3824
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Offices may also use the following procedure: Purchases may be 3825
made from the bidder offering the best value. In determining the 3826
best value bid, freight and shipping charges shall be included. 3827
Life-cycle costing, total cost bids, warranties, guaranteed 3828
buy-back provisions, documented previous experience, training 3829
costs and other relevant provisions, including, but not limited 3830
to, a bidder having a local office and inventory located within 3831
the jurisdiction of the governing authority, may be included in 3832
the best value calculation. This provision shall authorize 3833
Certified Purchasing Offices to utilize a Request For Proposals 3834
(RFP) process when purchasing commodities. All best value 3835
procedures for state agencies must be in compliance with 3836
regulations established by the Department of Finance and 3837
Administration. No agency or governing authority shall accept a 3838
bid based on items or criteria not included in the specifications. 3839
(iii) Decision procedure for Prequalified 3840
Construction. In addition to the decision procedure set forth in 3841
subparagraph (i) of this paragraph (d), where purchase involves 3842
renovation, restoration, or both, of the State Capitol Building or 3843
any other historical building designated for at least five (5) 3844
years as a Mississippi Landmark by the Board of Trustees of the 3845
Department of Archives and History under the authority of Sections 3846
39-7-7 and 39-7-11, or for any other construction procurement with 3847
a minimum construction cost of Ten Million Dollars 3848
($10,000,000.00) where the agency or governing authority has 3849
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determined that prequalification of bidders is in the best 3850
interest of the state, the agency or governing authority may use 3851
the following procedure: Purchases may be made from the lowest 3852
and best prequalified bidder. Solicitation of the 3853
prequalification of bidders shall be in accordance with paragraph 3854
(c) of this section and shall be determined not less than fifteen 3855
(15) working days before the prequalified bidders are invited to 3856
submit bids. Prequalification criteria shall be limited to 3857
bidder's and proposed sub-contractor's knowledge and experience on 3858
projects of similar size and scope, past performance, project 3859
management team and financial stability. All best bid and 3860
prequalification procedures for state agencies must be in 3861
compliance with regulations established by the Department of 3862
Finance and Administration. If any governing authority accepts a 3863
bid other than the lowest bid actually submitted, it shall place 3864
on its minutes detailed calculations and narrative summary showing 3865
that the accepted bid was determined to be the lowest and best 3866
bid, including the dollar amount of the accepted bid and the 3867
dollar amount of the lowest bid. No agency or governing authority 3868
shall accept a bid based on items not included in the 3869
specifications. 3870
(iv) Construction project negotiations authority. 3871
If the lowest and best bid is not more than ten percent (10%) 3872
above the amount of funds allocated for a public construction or 3873
renovation project, then the agency or governing authority shall 3874
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be permitted to negotiate with the lowest bidder in order to enter 3875
into a contract for an amount not to exceed the funds allocated. 3876
(e) Lease-purchase authorization. For the purposes of 3877
this section, the term "equipment" shall mean equipment, furniture 3878
and, if applicable, associated software and other applicable 3879
direct costs associated with the acquisition. Any lease-purchase 3880
of equipment which an agency is not required to lease-purchase 3881
under the master lease-purchase program pursuant to Section 3882
31-7-10 and any lease-purchase of equipment which a governing 3883
authority elects to lease-purchase may be acquired by a 3884
lease-purchase agreement under this paragraph (e). Lease-purchase 3885
financing may also be obtained from the vendor or from a 3886
third-party source after having solicited and obtained at least 3887
two (2) written competitive bids, as defined in paragraph (b) of 3888
this section, for such financing without advertising for such 3889
bids. Solicitation for the bids for financing may occur before or 3890
after acceptance of bids for the purchase of such equipment or, 3891
where no such bids for purchase are required, at any time before 3892
the purchase thereof. No such lease-purchase agreement shall be 3893
for an annual rate of interest which is greater than the overall 3894
maximum interest rate to maturity on general obligation 3895
indebtedness permitted under Section 75-17-101, and the term of 3896
such lease-purchase agreement shall not exceed the useful life of 3897
equipment covered thereby as determined according to the upper 3898
limit of the asset depreciation range (ADR) guidelines for the 3899
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Class Life Asset Depreciation Range System established by the 3900
Internal Revenue Service pursuant to the United States Internal 3901
Revenue Code and regulations thereunder as in effect on December 3902
31, 1980, or comparable depreciation guidelines with respect to 3903
any equipment not covered by ADR guidelines. Any lease-purchase 3904
agreement entered into pursuant to this paragraph (e) may contain 3905
any of the terms and conditions which a master lease-purchase 3906
agreement may contain under the provisions of Section 31-7-10(5), 3907
and shall contain an annual allocation dependency clause 3908
substantially similar to that set forth in Section 31-7-10(8). 3909
Each agency or governing authority entering into a lease-purchase 3910
transaction pursuant to this paragraph (e) shall maintain with 3911
respect to each such lease-purchase transaction the same 3912
information as required to be maintained by the Department of 3913
Finance and Administration pursuant to Section 31-7-10(13). 3914
However, nothing contained in this section shall be construed to 3915
permit agencies to acquire items of equipment with a total 3916
acquisition cost in the aggregate of less than Ten Thousand 3917
Dollars ($10,000.00) by a single lease-purchase transaction. All 3918
equipment, and the purchase thereof by any lessor, acquired by 3919
lease-purchase under this paragraph and all lease-purchase 3920
payments with respect thereto shall be exempt from all Mississippi 3921
sales, use and ad valorem taxes. Interest paid on any 3922
lease-purchase agreement under this section shall be exempt from 3923
State of Mississippi income taxation. 3924
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(f) Alternate bid authorization. When necessary to 3925
ensure ready availability of commodities for public works and the 3926
timely completion of public projects, no more than two (2) 3927
alternate bids may be accepted by a governing authority for 3928
commodities. No purchases may be made through use of such 3929
alternate bids procedure unless the lowest and best bidder cannot 3930
deliver the commodities contained in his bid. In that event, 3931
purchases of such commodities may be made from one (1) of the 3932
bidders whose bid was accepted as an alternate. 3933
(g) Construction contract change authorization. In the 3934
event a determination is made by an agency or governing authority 3935
after a construction contract is let that changes or modifications 3936
to the original contract are necessary or would better serve the 3937
purpose of the agency or the governing authority, such agency or 3938
governing authority may, in its discretion, order such changes 3939
pertaining to the construction that are necessary under the 3940
circumstances without the necessity of further public bids; 3941
provided that such change shall be made in a commercially 3942
reasonable manner and shall not be made to circumvent the public 3943
purchasing statutes. In addition to any other authorized person, 3944
the architect or engineer hired by an agency or governing 3945
authority with respect to any public construction contract shall 3946
have the authority, when granted by an agency or governing 3947
authority, to authorize changes or modifications to the original 3948
contract without the necessity of prior approval of the agency or 3949
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governing authority when any such change or modification is less 3950
than one percent (1%) of the total contract amount. The agency or 3951
governing authority may limit the number, manner or frequency of 3952
such emergency changes or modifications. 3953
(h) Petroleum purchase alternative. In addition to 3954
other methods of purchasing authorized in this chapter, when any 3955
agency or governing authority shall have a need for gas, diesel 3956
fuel, oils and/or other petroleum products in excess of the amount 3957
set forth in paragraph (a) of this section, such agency or 3958
governing authority may purchase the commodity after having 3959
solicited and obtained at least two (2) competitive written bids, 3960
as defined in paragraph (b) of this section. If two (2) 3961
competitive written bids are not obtained, the entity shall comply 3962
with the procedures set forth in paragraph (c) of this section. 3963
In the event any agency or governing authority shall have 3964
advertised for bids for the purchase of gas, diesel fuel, oils and 3965
other petroleum products and coal and no acceptable bids can be 3966
obtained, such agency or governing authority is authorized and 3967
directed to enter into any negotiations necessary to secure the 3968
lowest and best contract available for the purchase of such 3969
commodities. 3970
(i) Road construction petroleum products price 3971
adjustment clause authorization. Any agency or governing 3972
authority authorized to enter into contracts for the construction, 3973
maintenance, surfacing or repair of highways, roads or streets, 3974
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may include in its bid proposal and contract documents a price 3975
adjustment clause with relation to the cost to the contractor, 3976
including taxes, based upon an industry-wide cost index, of 3977
petroleum products including asphalt used in the performance or 3978
execution of the contract or in the production or manufacture of 3979
materials for use in such performance. Such industry-wide index 3980
shall be established and published monthly by the Mississippi 3981
Department of Transportation with a copy thereof to be mailed, 3982
upon request, to the clerks of the governing authority of each 3983
municipality and the clerks of each board of supervisors 3984
throughout the state. The price adjustment clause shall be based 3985
on the cost of such petroleum products only and shall not include 3986
any additional profit or overhead as part of the adjustment. The 3987
bid proposals or document contract shall contain the basis and 3988
methods of adjusting unit prices for the change in the cost of 3989
such petroleum products. 3990
(j) State agency emergency purchase procedure. If the 3991
governing board or the executive head, or his designees, of any 3992
agency of the state shall determine that an emergency exists in 3993
regard to the purchase of any commodities or repair contracts, so 3994
that the delay incident to giving opportunity for competitive 3995
bidding would be detrimental to the interests of the state, then 3996
the head of such agency, or his designees, shall file with the 3997
Department of Finance and Administration (i) a statement 3998
explaining the conditions and circumstances of the emergency, 3999
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which shall include a detailed description of the events leading 4000
up to the situation and the negative impact to the entity if the 4001
purchase is made following the statutory requirements set forth in 4002
paragraph (a), (b) or (c) of this section, and (ii) a certified 4003
copy of the appropriate minutes of the board of such agency 4004
requesting the emergency purchase, if applicable. Upon receipt of 4005
the statement and applicable board certification, the State Fiscal 4006
Officer, or his designees, may, in writing, authorize the purchase 4007
or repair without having to comply with competitive bidding 4008
requirements. 4009
If the governing board or the executive head, or his 4010
designees, of any agency determines that an emergency exists in 4011
regard to the purchase of any commodities or repair contracts, so 4012
that the delay incident to giving opportunity for competitive 4013
bidding would threaten the health or safety of any person, or the 4014
preservation or protection of property, then the provisions in 4015
this section for competitive bidding shall not apply, and any 4016
officer or agent of the agency having general or specific 4017
authority for making the purchase or repair contract shall approve 4018
the bill presented for payment, and he shall certify in writing 4019
from whom the purchase was made, or with whom the repair contract 4020
was made. 4021
Total purchases made under this paragraph (j) shall only be 4022
for the purpose of meeting needs created by the emergency 4023
situation. Following the emergency purchase, documentation of the 4024
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purchase, including a description of the commodity purchased, the 4025
purchase price thereof and the nature of the emergency shall be 4026
filed with the Department of Finance and Administration. Any 4027
contract awarded pursuant to this paragraph (j) shall not exceed a 4028
term of one (1) year. 4029
Purchases under the grant program established under Section 4030
37-68-7 in response to COVID-19 and the directive that school 4031
districts create a distance learning plan and fulfill technology 4032
needs expeditiously shall be deemed an emergency purchase for 4033
purposes of this paragraph (j). 4034
(k) Governing authority emergency purchase procedure. 4035
If the governing authority, or the governing authority acting 4036
through its designee, shall determine that an emergency exists in 4037
regard to the purchase of any commodities or repair contracts, so 4038
that the delay incident to giving opportunity for competitive 4039
bidding would be detrimental to the interest of the governing 4040
authority, then the provisions herein for competitive bidding 4041
shall not apply and any officer or agent of such governing 4042
authority having general or special authority therefor in making 4043
such purchase or repair shall approve the bill presented therefor, 4044
and he shall certify in writing thereon from whom such purchase 4045
was made, or with whom such a repair contract was made. At the 4046
board meeting next following the emergency purchase or repair 4047
contract, documentation of the purchase or repair contract, 4048
including a description of the commodity purchased, the price 4049
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thereof and the nature of the emergency shall be presented to the 4050
board and shall be placed on the minutes of the board of such 4051
governing authority. Purchases under the grant program 4052
established under Section 37-68-7 in response to COVID-19 and the 4053
directive that school districts create a distance learning plan 4054
and fulfill technology needs expeditiously shall be deemed an 4055
emergency purchase for purposes of this paragraph (k). 4056
(l) Hospital purchase, lease-purchase and lease 4057
authorization. 4058
(i) The commissioners or board of trustees of any 4059
public hospital may contract with such lowest and best bidder for 4060
the purchase or lease-purchase of any commodity under a contract 4061
of purchase or lease-purchase agreement whose obligatory payment 4062
terms do not exceed five (5) years. 4063
(ii) In addition to the authority granted in 4064
subparagraph (i) of this paragraph (l), the commissioners or board 4065
of trustees is authorized to enter into contracts for the lease of 4066
equipment or services, or both, which it considers necessary for 4067
the proper care of patients if, in its opinion, it is not 4068
financially feasible to purchase the necessary equipment or 4069
services. Any such contract for the lease of equipment or 4070
services executed by the commissioners or board shall not exceed a 4071
maximum of five (5) years' duration and shall include a 4072
cancellation clause based on unavailability of funds. If such 4073
cancellation clause is exercised, there shall be no further 4074
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liability on the part of the lessee. Any such contract for the 4075
lease of equipment or services executed on behalf of the 4076
commissioners or board that complies with the provisions of this 4077
subparagraph (ii) shall be excepted from the bid requirements set 4078
forth in this section. 4079
(m) Exceptions from bidding requirements. Excepted 4080
from bid requirements are: 4081
(i) Purchasing agreements approved by department. 4082
Purchasing agreements, contracts and maximum price regulations 4083
executed or approved by the Department of Finance and 4084
Administration. 4085
(ii) Outside equipment repairs. Repairs to 4086
equipment, when such repairs are made by repair facilities in the 4087
private sector; however, engines, transmissions, rear axles and/or 4088
other such components shall not be included in this exemption when 4089
replaced as a complete unit instead of being repaired and the need 4090
for such total component replacement is known before disassembly 4091
of the component; however, invoices identifying the equipment, 4092
specific repairs made, parts identified by number and name, 4093
supplies used in such repairs, and the number of hours of labor 4094
and costs therefor shall be required for the payment for such 4095
repairs. 4096
(iii) In-house equipment repairs. Purchases of 4097
parts for repairs to equipment, when such repairs are made by 4098
personnel of the agency or governing authority; however, entire 4099
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assemblies, such as engines or transmissions, shall not be 4100
included in this exemption when the entire assembly is being 4101
replaced instead of being repaired. 4102
(iv) Raw gravel or dirt. Raw unprocessed deposits 4103
of gravel or fill dirt which are to be removed and transported by 4104
the purchaser. 4105
(v) Governmental equipment auctions. Motor 4106
vehicles or other equipment purchased from a federal agency or 4107
authority, another governing authority or state agency of the 4108
State of Mississippi, or any governing authority or state agency 4109
of another state at a public auction held for the purpose of 4110
disposing of such vehicles or other equipment. Any purchase by a 4111
governing authority under the exemption authorized by this 4112
subparagraph (v) shall require advance authorization spread upon 4113
the minutes of the governing authority to include the listing of 4114
the item or items authorized to be purchased and the maximum bid 4115
authorized to be paid for each item or items. 4116
(vi) Intergovernmental sales and transfers. 4117
Purchases, sales, transfers or trades by governing authorities or 4118
state agencies when such purchases, sales, transfers or trades are 4119
made by a private treaty agreement or through means of 4120
negotiation, from any federal agency or authority, another 4121
governing authority or state agency of the State of Mississippi, 4122
or any state agency or governing authority of another state. 4123
Nothing in this section shall permit such purchases through public 4124
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auction except as provided for in subparagraph (v) of this 4125
paragraph (m). It is the intent of this section to allow 4126
governmental entities to dispose of and/or purchase commodities 4127
from other governmental entities at a price that is agreed to by 4128
both parties. This shall allow for purchases and/or sales at 4129
prices which may be determined to be below the market value if the 4130
selling entity determines that the sale at below market value is 4131
in the best interest of the taxpayers of the state. Governing 4132
authorities shall place the terms of the agreement and any 4133
justification on the minutes, and state agencies shall obtain 4134
approval from the Department of Finance and Administration, prior 4135
to releasing or taking possession of the commodities. 4136
(vii) Perishable supplies or food. Perishable 4137
supplies or food purchased for use in connection with hospitals, 4138
the school lunch programs, homemaking programs and for the feeding 4139
of county or municipal prisoners. 4140
(viii) Single-source items. Noncompetitive items 4141
available from one (1) source only. In connection with the 4142
purchase of noncompetitive items only available from one (1) 4143
source, a certification of the conditions and circumstances 4144
requiring the purchase shall be filed by the agency with the 4145
Department of Finance and Administration and by the governing 4146
authority with the board of the governing authority. Upon receipt 4147
of that certification the Department of Finance and Administration 4148
or the board of the governing authority, as the case may be, may, 4149
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in writing, authorize the purchase, which authority shall be noted 4150
on the minutes of the body at the next regular meeting thereafter. 4151
In those situations, a governing authority is not required to 4152
obtain the approval of the Department of Finance and 4153
Administration. Following the purchase, the executive head of the 4154
state agency, or his designees, shall file with the Department of 4155
Finance and Administration, documentation of the purchase, 4156
including a description of the commodity purchased, the purchase 4157
price thereof and the source from whom it was purchased. 4158
(ix) Waste disposal facility construction 4159
contracts. Construction of incinerators and other facilities for 4160
disposal of solid wastes in which products either generated 4161
therein, such as steam, or recovered therefrom, such as materials 4162
for recycling, are to be sold or otherwise disposed of; however, 4163
in constructing such facilities, a governing authority or agency 4164
shall publicly issue requests for proposals, advertised for in the 4165
same manner as provided herein for seeking bids for public 4166
construction projects, concerning the design, construction, 4167
ownership, operation and/or maintenance of such facilities, 4168
wherein such requests for proposals when issued shall contain 4169
terms and conditions relating to price, financial responsibility, 4170
technology, environmental compatibility, legal responsibilities 4171
and such other matters as are determined by the governing 4172
authority or agency to be appropriate for inclusion; and after 4173
responses to the request for proposals have been duly received, 4174
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the governing authority or agency may select the most qualified 4175
proposal or proposals on the basis of price, technology and other 4176
relevant factors and from such proposals, but not limited to the 4177
terms thereof, negotiate and enter contracts with one or more of 4178
the persons or firms submitting proposals. 4179
(x) Hospital group purchase contracts. Supplies, 4180
commodities and equipment purchased by hospitals through group 4181
purchase programs pursuant to Section 31-7-38. 4182
(xi) Information technology products. Purchases 4183
of information technology products made by governing authorities 4184
under the provisions of purchase schedules, or contracts executed 4185
or approved by the Mississippi Department of Information 4186
Technology Services and designated for use by governing 4187
authorities. 4188
(xii) Energy efficiency services and equipment. 4189
Energy efficiency services and equipment acquired by school 4190
districts, community and junior colleges, institutions of higher 4191
learning and state agencies or other applicable governmental 4192
entities on a shared-savings, lease or lease-purchase basis 4193
pursuant to Section 31-7-14. 4194
(xiii) Municipal electrical utility system fuel. 4195
Purchases of coal and/or natural gas by municipally owned electric 4196
power generating systems that have the capacity to use both coal 4197
and natural gas for the generation of electric power. 4198
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(xiv) Library books and other reference materials. 4199
Purchases by libraries or for libraries of books and periodicals; 4200
processed film, videocassette tapes, filmstrips and slides; 4201
recorded audiotapes, cassettes and diskettes; and any such items 4202
as would be used for teaching, research or other information 4203
distribution; however, equipment such as projectors, recorders, 4204
audio or video equipment, and monitor televisions are not exempt 4205
under this subparagraph. 4206
(xv) Unmarked vehicles. Purchases of unmarked 4207
vehicles when such purchases are made in accordance with 4208
purchasing regulations adopted by the Department of Finance and 4209
Administration pursuant to Section 31-7-9(2). 4210
(xvi) Election ballots. Purchases of ballots 4211
printed pursuant to Section 23-15-351. 4212
(xvii) Multichannel interactive video systems. 4213
From and after July 1, 1990, contracts by Mississippi Authority 4214
for Educational Television with any private educational 4215
institution or private nonprofit organization whose purposes are 4216
educational in regard to the construction, purchase, lease or 4217
lease-purchase of facilities and equipment and the employment of 4218
personnel for providing multichannel interactive video systems 4219
(ITSF) in the school districts of this state. 4220
(xviii) Purchases of prison industry products by 4221
the Department of Corrections, regional correctional facilities or 4222
privately owned prisons. Purchases made by the Mississippi 4223
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Department of Corrections, regional correctional facilities or 4224
privately owned prisons involving any item that is manufactured, 4225
processed, grown or produced from the state's prison industries. 4226
(xix) Undercover operations equipment. Purchases 4227
of surveillance equipment or any other high-tech equipment to be 4228
used by law enforcement agents in undercover operations, provided 4229
that any such purchase shall be in compliance with regulations 4230
established by the Department of Finance and Administration. 4231
(xx) Junior college books for rent. Purchases by 4232
community or junior colleges of textbooks which are obtained for 4233
the purpose of renting such books to students as part of a book 4234
service system. 4235
(xxi) Certain school district purchases. 4236
Purchases of commodities made by school districts from vendors 4237
with which any levying authority of the school district, as 4238
defined in Section 37-57-1, has contracted through competitive 4239
bidding procedures for purchases of the same commodities. 4240
(xxii) Garbage, solid waste and sewage contracts. 4241
Contracts for garbage collection or disposal, contracts for solid 4242
waste collection or disposal and contracts for sewage collection 4243
or disposal. 4244
(xxiii) Municipal water tank maintenance 4245
contracts. Professional maintenance program contracts for the 4246
repair or maintenance of municipal water tanks, which provide 4247
professional services needed to maintain municipal water storage 4248
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tanks for a fixed annual fee for a duration of two (2) or more 4249
years. 4250
(xxiv) Purchases of Mississippi Industries for the 4251
Blind products or services. Purchases made by state agencies or 4252
governing authorities involving any item that is manufactured, 4253
processed or produced by, or any services provided by, the 4254
Mississippi Industries for the Blind. 4255
(xxv) Purchases of state-adopted textbooks. 4256
Purchases of state-adopted textbooks by public school districts. 4257
(xxvi) Certain purchases under the Mississippi 4258
Major Economic Impact Act. Contracts entered into pursuant to the 4259
provisions of Section 57-75-9(2), (3) and (4). 4260
(xxvii) Used heavy or specialized machinery or 4261
equipment for installation of soil and water conservation 4262
practices purchased at auction. Used heavy or specialized 4263
machinery or equipment used for the installation and 4264
implementation of soil and water conservation practices or 4265
measures purchased subject to the restrictions provided in 4266
Sections 69-27-331 through 69-27-341. Any purchase by the State 4267
Soil and Water Conservation Commission under the exemption 4268
authorized by this subparagraph shall require advance 4269
authorization spread upon the minutes of the commission to include 4270
the listing of the item or items authorized to be purchased and 4271
the maximum bid authorized to be paid for each item or items. 4272
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(xxviii) Hospital lease of equipment or services. 4273
Leases by hospitals of equipment or services if the leases are in 4274
compliance with paragraph (l)(ii). 4275
(xxix) Purchases made pursuant to qualified 4276
cooperative purchasing agreements. Purchases made by certified 4277
purchasing offices of state agencies or governing authorities 4278
under cooperative purchasing agreements previously approved by the 4279
Office of Purchasing and Travel and established by or for any 4280
municipality, county, parish or state government or the federal 4281
government, provided that the notification to potential 4282
contractors includes a clause that sets forth the availability of 4283
the cooperative purchasing agreement to other governmental 4284
entities. Such purchases shall only be made if the use of the 4285
cooperative purchasing agreements is determined to be in the best 4286
interest of the governmental entity. 4287
(xxx) School yearbooks. Purchases of school 4288
yearbooks by state agencies or governing authorities; however, 4289
state agencies and governing authorities shall use for these 4290
purchases the RFP process as set forth in the Mississippi 4291
Procurement Manual adopted by the Office of Purchasing and Travel. 4292
(xxxi) Design-build method of contracting and 4293
certain other contracts. Contracts entered into under the 4294
provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. 4295
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(xxxii) Toll roads and bridge construction 4296
projects. Contracts entered into under the provisions of Section 4297
65-43-1 or 65-43-3. 4298
(xxxiii) Certain purchases under Section 57-1-221. 4299
Contracts entered into pursuant to the provisions of Section 4300
57-1-221. 4301
(xxxiv) Certain transfers made pursuant to the 4302
provisions of Section 57-105-1(7). Transfers of public property 4303
or facilities under Section 57-105-1(7) and construction related 4304
to such public property or facilities. 4305
(xxxv) Certain purchases or transfers entered into 4306
with local electrical power associations. Contracts or agreements 4307
entered into under the provisions of Section 55-3-33. 4308
(xxxvi) Certain purchases by an academic medical 4309
center or health sciences school. Purchases by an academic 4310
medical center or health sciences school, as defined in Section 4311
37-115-50, of commodities that are used for clinical purposes and 4312
1. intended for use in the diagnosis of disease or other 4313
conditions or in the cure, mitigation, treatment or prevention of 4314
disease, and 2. medical devices, biological, drugs and 4315
radiation-emitting devices as defined by the United States Food 4316
and Drug Administration. 4317
(xxxvii) Certain purchases made under the Alyce G. 4318
Clarke Mississippi Lottery Law. Contracts made by the Mississippi 4319
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Lottery Corporation pursuant to the Alyce G. Clarke Mississippi 4320
Lottery Law. 4321
(xxxviii) Certain purchases made by the Department 4322
of Health and the Department of Revenue. Purchases made by the 4323
Department of Health and the Department of Revenue solely for the 4324
purpose of fulfilling their respective responsibilities under the 4325
Mississippi Medical Cannabis Act. This subparagraph shall stand 4326
repealed on June 30, 2026. 4327
(xxxix) Purchases made by state agencies related 4328
to museum exhibits. Purchases made by an agency related to the 4329
fabrication, construction, installation or refurbishing of museum 4330
exhibits. An agency making a purchase under this exemption in 4331
excess of the bid threshold set forth in paragraph (c) of this 4332
section shall publicly advertise a Request for Qualifications or 4333
Request for Proposals in which price as an evaluation factor is at 4334
least twenty percent (20%) out of the one hundred percent (100%) 4335
total weight, but shall be otherwise exempt. Any contract arising 4336
from a purchase using this exemption must be approved by the 4337
Public Procurement Review Board prior to execution by the agency. 4338
The agency shall submit a written report on December 1 of each 4339
year to the Chairs of the Senate and House Appropriations 4340
Committees, the Chairs of the Senate and House Accountability, 4341
Efficiency and Transparency Committees and the Chair of the Public 4342
Procurement Review Board, identifying all purchases made by the 4343
agency using this exemption in which the cost of the option 4344
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selected by the agency was more than twenty-five percent (25%) 4345
higher than the lowest cost option available. 4346
(n) Term contract authorization. All contracts for the 4347
purchase of: 4348
(i) All contracts for the purchase of commodities, 4349
equipment and public construction (including, but not limited to, 4350
repair and maintenance), may be let for periods of not more than 4351
sixty (60) months in advance, subject to applicable statutory 4352
provisions prohibiting the letting of contracts during specified 4353
periods near the end of terms of office. Term contracts for a 4354
period exceeding twenty-four (24) months shall also be subject to 4355
ratification or cancellation by governing authority boards taking 4356
office subsequent to the governing authority board entering the 4357
contract. 4358
(ii) Bid proposals and contracts may include price 4359
adjustment clauses with relation to the cost to the contractor 4360
based upon a nationally published industry-wide or nationally 4361
published and recognized cost index. The cost index used in a 4362
price adjustment clause shall be determined by the Department of 4363
Finance and Administration for the state agencies and by the 4364
governing board for governing authorities. The bid proposal and 4365
contract documents utilizing a price adjustment clause shall 4366
contain the basis and method of adjusting unit prices for the 4367
change in the cost of such commodities, equipment and public 4368
construction. 4369
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(o) Purchase law violation prohibition and vendor 4370
penalty. No contract or purchase as herein authorized shall be 4371
made for the purpose of circumventing the provisions of this 4372
section requiring competitive bids, nor shall it be lawful for any 4373
person or concern to submit individual invoices for amounts within 4374
those authorized for a contract or purchase where the actual value 4375
of the contract or commodity purchased exceeds the authorized 4376
amount and the invoices therefor are split so as to appear to be 4377
authorized as purchases for which competitive bids are not 4378
required. Submission of such invoices shall constitute a 4379
misdemeanor punishable by a fine of not less than Five Hundred 4380
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), 4381
or by imprisonment for thirty (30) days in the county jail, or 4382
both such fine and imprisonment. In addition, the claim or claims 4383
submitted shall be forfeited. 4384
(p) Electrical utility petroleum-based equipment 4385
purchase procedure. When in response to a proper advertisement 4386
therefor, no bid firm as to price is submitted to an electric 4387
utility for power transformers, distribution transformers, power 4388
breakers, reclosers or other articles containing a petroleum 4389
product, the electric utility may accept the lowest and best bid 4390
therefor although the price is not firm. 4391
(q) Fuel management system bidding procedure. Any 4392
governing authority or agency of the state shall, before 4393
contracting for the services and products of a fuel management or 4394
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fuel access system, enter into negotiations with not fewer than 4395
two (2) sellers of fuel management or fuel access systems for 4396
competitive written bids to provide the services and products for 4397
the systems. In the event that the governing authority or agency 4398
cannot locate two (2) sellers of such systems or cannot obtain 4399
bids from two (2) sellers of such systems, it shall show proof 4400
that it made a diligent, good-faith effort to locate and negotiate 4401
with two (2) sellers of such systems. Such proof shall include, 4402
but not be limited to, publications of a request for proposals and 4403
letters soliciting negotiations and bids. For purposes of this 4404
paragraph (q), a fuel management or fuel access system is an 4405
automated system of acquiring fuel for vehicles as well as 4406
management reports detailing fuel use by vehicles and drivers, and 4407
the term "competitive written bid" shall have the meaning as 4408
defined in paragraph (b) of this section. Governing authorities 4409
and agencies shall be exempt from this process when contracting 4410
for the services and products of fuel management or fuel access 4411
systems under the terms of a state contract established by the 4412
Office of Purchasing and Travel. 4413
(r) Solid waste contract proposal procedure. Before 4414
entering into any contract for garbage collection or disposal, 4415
contract for solid waste collection or disposal or contract for 4416
sewage collection or disposal, which involves an expenditure of 4417
more than Seventy-five Thousand Dollars ($75,000.00), a governing 4418
authority or agency shall issue publicly a request for proposals 4419
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concerning the specifications for such services which shall be 4420
advertised for in the same manner as provided in this section for 4421
seeking bids for purchases which involve an expenditure of more 4422
than the amount provided in paragraph (c) of this section. Any 4423
request for proposals when issued shall contain terms and 4424
conditions relating to price, financial responsibility, 4425
technology, legal responsibilities and other relevant factors as 4426
are determined by the governing authority or agency to be 4427
appropriate for inclusion; all factors determined relevant by the 4428
governing authority or agency or required by this paragraph (r) 4429
shall be duly included in the advertisement to elicit proposals. 4430
After responses to the request for proposals have been duly 4431
received, the governing authority or agency shall select the most 4432
qualified proposal or proposals on the basis of price, technology 4433
and other relevant factors and from such proposals, but not 4434
limited to the terms thereof, negotiate and enter into contracts 4435
with one or more of the persons or firms submitting proposals. If 4436
the governing authority or agency deems none of the proposals to 4437
be qualified or otherwise acceptable, the request for proposals 4438
process may be reinitiated. Notwithstanding any other provisions 4439
of this paragraph, where a county with at least thirty-five 4440
thousand (35,000) nor more than forty thousand (40,000) 4441
population, according to the 1990 federal decennial census, owns 4442
or operates a solid waste landfill, the governing authorities of 4443
any other county or municipality may contract with the governing 4444
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authorities of the county owning or operating the landfill, 4445
pursuant to a resolution duly adopted and spread upon the minutes 4446
of each governing authority involved, for garbage or solid waste 4447
collection or disposal services through contract negotiations. 4448
(s) Minority set-aside authorization. Notwithstanding 4449
any provision of this section to the contrary, any agency or 4450
governing authority, by order placed on its minutes, may, in its 4451
discretion, set aside not more than twenty percent (20%) of its 4452
anticipated annual expenditures for the purchase of commodities 4453
from minority businesses; however, all such set-aside purchases 4454
shall comply with all purchasing regulations promulgated by the 4455
Department of Finance and Administration and shall be subject to 4456
bid requirements under this section. Set-aside purchases for 4457
which competitive bids are required shall be made from the lowest 4458
and best minority business bidder. For the purposes of this 4459
paragraph, the term "minority business" means a business which is 4460
owned by a majority of persons who are United States citizens or 4461
permanent resident aliens (as defined by the Immigration and 4462
Naturalization Service) of the United States, and who are Asian, 4463
Black, Hispanic or Native American, according to the following 4464
definitions: 4465
(i) "Asian" means persons having origins in any of 4466
the original people of the Far East, Southeast Asia, the Indian 4467
subcontinent, or the Pacific Islands. 4468
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(ii) "Black" means persons having origins in any 4469
black racial group of Africa. 4470
(iii) "Hispanic" means persons of Spanish or 4471
Portuguese culture with origins in Mexico, South or Central 4472
America, or the Caribbean Islands, regardless of race. 4473
(iv) "Native American" means persons having 4474
origins in any of the original people of North America, including 4475
American Indians, Eskimos and Aleuts. 4476
(t) Construction punch list restriction. The 4477
architect, engineer or other representative designated by the 4478
agency or governing authority that is contracting for public 4479
construction or renovation may prepare and submit to the 4480
contractor only one (1) preliminary punch list of items that do 4481
not meet the contract requirements at the time of substantial 4482
completion and one (1) final list immediately before final 4483
completion and final payment. 4484
(u) Procurement of construction services by state 4485
institutions of higher learning. Contracts for privately financed 4486
construction of auxiliary facilities on the campus of a state 4487
institution of higher learning may be awarded by the Board of 4488
Trustees of State Institutions of Higher Learning to the lowest 4489
and best bidder, where sealed bids are solicited, or to the 4490
offeror whose proposal is determined to represent the best value 4491
to the citizens of the State of Mississippi, where requests for 4492
proposals are solicited. 4493
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(v) Insurability of bidders for public construction or 4494
other public contracts. In any solicitation for bids to perform 4495
public construction or other public contracts to which this 4496
section applies, including, but not limited to, contracts for 4497
repair and maintenance, for which the contract will require 4498
insurance coverage in an amount of not less than One Million 4499
Dollars ($1,000,000.00), bidders shall be permitted to either 4500
submit proof of current insurance coverage in the specified amount 4501
or demonstrate ability to obtain the required coverage amount of 4502
insurance if the contract is awarded to the bidder. Proof of 4503
insurance coverage shall be submitted within five (5) business 4504
days from bid acceptance. 4505
(w) Purchase authorization clarification. Nothing in 4506
this section shall be construed as authorizing any purchase not 4507
authorized by law. 4508
(x) Mississippi Regional Pre-Need Disaster Clean Up 4509
Act. (i) The Department of Finance and Administration shall 4510
develop and implement a process that creates a preferred vendor 4511
list for both disaster debris removal and monitoring. 4512
(ii) Any board of supervisors of any county or any 4513
governing authority of any municipality may opt in to the benefits 4514
and services provided under the appropriate and relevant contract 4515
established in subparagraph (i) of this paragraph at the time of a 4516
disaster event in that county or municipality. At the time of opt 4517
in, the county or municipality shall assume responsibility for 4518
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payment in full to the contractor for the disaster-related solid 4519
waste collection, disposal or monitoring services provided. 4520
Nothing in this subparagraph (ii) shall be construed as requiring 4521
a county or municipality to opt in to any such contract 4522
established in subparagraph (i) of this paragraph. 4523
SECTION 64. Section 37-101-413, Mississippi Code of 1972, is 4524
brought forward as follows: 4525
37-101-413. (1) As used in this section, the term "state 4526
institutions of higher learning" means those institutions 4527
identified in Section 37-101-1 and the University Research Center. 4528
(2) The Board of Trustees of State Institutions of Higher 4529
Learning may establish an equipment leasing and purchase program 4530
for the use of the state institutions of higher learning. In 4531
establishing and administering the program, the board may perform 4532
the following actions: 4533
(a) Adopt policies and procedures to implement the 4534
program; 4535
(b) Establish offices or subordinate units as may be 4536
necessary for the administration of the program; 4537
(c) Adopt rules and regulations pertaining to the 4538
program; 4539
(d) Acquire by purchase, lease or lease-purchase 4540
contract and retain or transfer ownership or possession of 4541
instructional and other equipment; 4542
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(e) Contract for the leasing of such properties and for 4543
the financing of leases and purchases; 4544
(f) Enter into contracts with others to provide any 4545
services deemed necessary and advisable by the board; 4546
(g) Make purchases and enter into leases according to 4547
the requirements of the state public purchasing laws and the 4548
requirements of those laws establishing the Mississippi Department 4549
of Information Technology Services; 4550
(h) Enter into lease financing agreements in connection 4551
with purchases made under the authority of this section; 4552
(i) Require the transfer of appropriations of general 4553
funds or self-generated funds from the state institutions to those 4554
funds that the board may determine are required in connection with 4555
any lease financing agreements; 4556
(j) Develop administrative methods for determining age, 4557
useful life, replacement value, current use, condition and other 4558
characteristics of instructional and research equipment at the 4559
state institutions and research facilities; 4560
(k) Determine obsolescence of the equipment and 4561
establish priorities for replacement or provision of the equipment 4562
or its transfer to another state institution that can continue to 4563
utilize it; and 4564
(l) Develop long-range plans for the orderly and 4565
systematic acquisition and utilization of the instructional and 4566
research equipment in order to eliminate waste and duplication, 4567
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provide the maximum efficiency of use for expenditures, and 4568
achieve equitable allocations of equipment funds to the state 4569
institutions consistent with the roles of the institutions and 4570
disciplines served. 4571
(3) All institutions of higher learning desiring to 4572
purchase, lease or lease-purchase equipment involving an 4573
expenditure or expenditures of more than Five Thousand Dollars 4574
($5,000.00) must procure that equipment under the equipment 4575
leasing and purchase program unless funds for the procurement of 4576
the equipment under the program are unavailable or the equipment 4577
can be procured elsewhere at an overall cost lower than that for 4578
which the equipment can be procured under the program. 4579
SECTION 65. Section 37-154-1, Mississippi Code of 1972, is 4580
brought forward as follows: 4581
37-154-1. (1) To improve quality of life, education and 4582
employment opportunities for all citizens, the appropriate 4583
agencies of the State of Mississippi listed in subsection (2) of 4584
this section shall develop and maintain a State Longitudinal Data 4585
System (SLDS). The system will allow stakeholders and 4586
policymakers access data on state residents from birth to the 4587
workforce to drive accountability and investment decisions. The 4588
system will include data from multiple state agencies and 4589
entities. The system will provide decision makers a tool to 4590
develop policies to support objectives, including, but not limited 4591
to: 4592
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(a) Enabling Mississippians to secure and retain 4593
employment and receive better pay after completing training or 4594
postsecondary degrees; 4595
(b) Enabling Mississippi to meet the education and job 4596
skill demands of business and industry; 4597
(c) Developing an early warning system, which allows 4598
the state to intervene early, improving the graduation rates in 4599
high school and college; 4600
(d) Identifying teachers, teaching methods and programs 4601
that lead to positive student outcomes; and 4602
(e) Encouraging the sharing of electronic data across 4603
educational and other entities. 4604
(2) Individual state agencies and state entities will send 4605
data from their internal system to the Statewide Longitudinal Data 4606
System. These initial agencies and entities shall provide data to 4607
the SLDS under the provisions developed by the SLDS Governing 4608
Board established in Section 37-154-3: 4609
(a) Mississippi Department of Education (MDE); 4610
(b) Mississippi Community College Board; 4611
(c) Board of Trustees of State Institutions of Higher 4612
Learning (IHL); 4613
(d) State Workforce Investment Board (SWIB); 4614
(e) Mississippi Department of Employment Security 4615
(MDES); 4616
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(f) Mississippi Department of Human Services (MDHS); 4617
and 4618
(g) State Early Childhood Advisory Council (SECAC). 4619
Any agencies or entities added to SLDS shall provide a 4620
representative to the SLDS Governing Board and be governed in the 4621
same manner as the initial agencies and entities. 4622
(3) The system will be based on an existing system currently 4623
housed, developed and maintained by the National Strategic 4624
Planning and Analysis Research Center (nSPARC) at Mississippi 4625
State University. The initial agencies participating in the SLDS 4626
Governing Board and nSPARC have worked collaboratively to secure 4627
funding through the United States Department of Education to 4628
expand and enhance the capacity of the state's existing technology 4629
infrastructure for the purposes of developing the SLDS. The State 4630
Data Center, operated by the Mississippi Department of Information 4631
Technology Services (ITS), will provide application hosting 4632
services for the SLDS until such time the SLDS Governing Board 4633
approves that another entity should perform these services. 4634
SECTION 66. Section 41-143-1, Mississippi Code of 1972, is 4635
brought forward as follows: 4636
41-143-1. (1) For the purpose of this section, the term 4637
"agencies" means the Mississippi State Department of Health, the 4638
Mississippi Department of Human Services, the Mississippi 4639
Department of Mental Health, the Mississippi Department of Child 4640
Protection Services, the Mississippi Office of Workforce 4641
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Development, the Mississippi Department of Employment Security and 4642
the Mississippi Division of Medicaid, and the term "agency" means 4643
any one (1) of those entities. 4644
(2) The Department of Information Technology Services (ITS) 4645
shall develop, implement and manage a separate website and a 4646
mobile application (app) that coordinate and promote information 4647
and services related to pregnancy, childbirth and care for 4648
dependent children for expectant mothers and new parents. The 4649
website and mobile app shall include, but shall not be limited to, 4650
comprehensive information and resources related to adoption 4651
assistance, child care, domestic abuse protection, early 4652
intervention, food, clothing and supplies related to pregnancy and 4653
newborn care, job training and placement, unemployment benefits, 4654
paternity, parenting skills, mental health, and prenatal and 4655
postpartum care provided by the State of Mississippi or any other 4656
governmental entity, or relevant nonprofit organizations, 4657
including religious institutions. 4658
(3) The Attorney General shall have the ultimate authority 4659
for oversight of the administration of this section and shall 4660
coordinate the activities of the agencies and the Department of 4661
Information Technology Services under the provisions of this 4662
section in order to best effectuate the purpose and intent of this 4663
section. 4664
(4) (a) The information about the services and resources 4665
that will be included on the website and mobile app shall be 4666
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provided to the Attorney General by the agencies about the 4667
particular programs and services of the agency that are related to 4668
the purpose of the website and mobile app. 4669
(b) The Attorney General, the agencies and each county 4670
health department shall provide a prominent link on their own 4671
websites to the website and mobile app authorized by this section. 4672
(5) The agencies shall cooperate with ITS, as overseen by 4673
the Attorney General, in developing, implementing and managing the 4674
website and mobile app. The website shall be operational not 4675
later than October 1, 2023, and the mobile app shall be 4676
operational not later than January 1, 2024. 4677
(6) ITS and the agencies, in consultation with the Attorney 4678
General, shall apply for any federal grants that may be available 4679
to assist in paying the costs of developing, implementing and 4680
managing the website and mobile app. 4681
(7) The Attorney General shall promulgate such rules as 4682
necessary to implement this section. 4683
(8) Not later than October 1, 2024, the Attorney General 4684
shall report to the Chairs of the Senate Judiciary, Division A, 4685
and the House Judiciary A Committees, and the Senate Public Health 4686
and Welfare Committee and the House Public Health and Human 4687
Services Committee on the operation and status of the website and 4688
mobile app. 4689
SECTION 67. Section 43-1-28, Mississippi Code of 1972, is 4690
brought forward as follows: 4691
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43-1-28. (1) The Department of Human Services shall develop 4692
an on-line electronic benefit transfer (EBT) system for the food 4693
stamp program in Mississippi as an alternative to issuing food 4694
stamp coupons. The EBT system developed by the department under 4695
this section shall (a) provide that food stamp benefits are stored 4696
in and issued from a central computer data base and are 4697
electronically accessed by households at the point of sale through 4698
the use of reusable magnetic-stripe plastic cards; and (b) meet 4699
all requirements and standards specified in 7 USCS Section 2016(h) 4700
and the rules and regulations issued under that provision for 4701
approval by the Secretary of the United States Department of 4702
Agriculture. 4703
(2) The department shall develop the EBT system and shall 4704
submit an application to the Secretary of the United States 4705
Department of Agriculture for approval of the system. After the 4706
EBT system has been approved, the department shall implement and 4707
operate the system as a pilot project in a county selected by the 4708
department. After the pilot project has been evaluated and 4709
approved by the United States Department of Agriculture, and 4710
subject to the availability of funds specifically appropriated 4711
therefor, the system may be expanded statewide at a rate 4712
determined by the Executive Director of the Department of Human 4713
Services. The system shall be expanded and implemented statewide 4714
not later than October 1, 2002. 4715
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(3) The department shall seek to obtain the maximum amount 4716
of federal financial participation available to fund the cost of 4717
administering the EBT system. 4718
(4) The Department of Human Services may develop an on-line 4719
electronic benefit transfer (EBT) system for the Temporary 4720
Assistance for Needy Families (TANF) program in Mississippi as an 4721
alternative to issuing cash or voucher payments. The EBT system 4722
developed by the department under this section shall (a) provide 4723
that TANF benefits are stored in and issued from a central 4724
computer data base and are electronically accessed; and (b) meet 4725
all requirements and standards specified in the Personal 4726
Responsibility and Work Opportunity Reconciliation Act of 1996 4727
(Public Law 104-193), and the rules and regulations issued under 4728
that act. The department shall seek to obtain the maximum amount 4729
of federal financial participation available to fund the cost of 4730
administering the EBT system for TANF payments. 4731
(5) In order to facilitate the acquisition and deployment of 4732
EBT products and services in Mississippi, the Department of Human 4733
Services (DHS) and the Mississippi Department of Information 4734
Technology Services (MDITS), at their discretion, may utilize EBT 4735
agreements from other states and/or multistate coalition 4736
agreements that allow other states to acquire EBT products and 4737
services. After going through the approved ITS bidding process 4738
and the state is unable to acquire an EBT contract, DHS and ITS 4739
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may negotiate an EBT contract with any vendor who meets DHS and 4740
ITS, EBT requirements. 4741
SECTION 68. Section 45-27-7, Mississippi Code of 1972, is 4742
brought forward as follows: 4743
45-27-7. (1) The Mississippi Justice Information Center 4744
shall: 4745
(a) Develop, operate and maintain an information system 4746
which will support the collection, storage, retrieval and 4747
dissemination of all data described in this chapter, consistent 4748
with those principles of scope, security and responsiveness 4749
prescribed by this chapter. 4750
(b) Cooperate with all criminal justice agencies within 4751
the state in providing those forms, procedures, standards and 4752
related training assistance necessary for the uniform operation of 4753
the statewide center. 4754
(c) Offer assistance and, when practicable, instruction 4755
to all local law enforcement agencies in establishing efficient 4756
local records systems. 4757
(d) Make available, upon request, to all local and 4758
state criminal justice agencies, to all federal criminal justice 4759
agencies and to criminal justice agencies in other states any 4760
information in the files of the center which will aid such 4761
agencies in the performance of their official duties. For this 4762
purpose the center shall operate on a twenty-four-hour basis, 4763
seven (7) days a week. Such information, when authorized by the 4764
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director of the center, may also be made available to any other 4765
agency of this state or any political subdivision thereof and to 4766
any federal agency, upon assurance by the agency concerned that 4767
the information is to be used for official purposes only in the 4768
prevention or detection of crime or the apprehension of criminal 4769
offenders. 4770
(e) Cooperate with other agencies of this state, the 4771
crime information agencies of other states, and the national crime 4772
information center systems of the Federal Bureau of Investigation 4773
in developing and conducting an interstate, national and 4774
international system of criminal identification and records. 4775
(f) Make available, upon request, to nongovernmental 4776
entities or employers certain information for noncriminal justice 4777
purposes as specified in Section 45-27-12. 4778
(g) Institute necessary measures in the design, 4779
implementation and continued operation of the justice information 4780
system to ensure the privacy and security of the system. Such 4781
measures shall include establishing complete control over use of 4782
and access to the system and restricting its integral resources 4783
and facilities and those either possessed or procured and 4784
controlled by criminal justice agencies. Such security measures 4785
must meet standards developed by the center as well as those set 4786
by the nationally operated systems for interstate sharing of 4787
information. 4788
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(h) Provide data processing for files listing motor 4789
vehicle drivers' license numbers, motor vehicle registration 4790
numbers, wanted and stolen motor vehicles, outstanding warrants, 4791
identifiable stolen property and such other files as may be of 4792
general assistance to law enforcement agencies; provided, however, 4793
that the purchase, lease, rental or acquisition in any manner of 4794
"computer equipment or services," as defined in Section 25-53-3, 4795
Mississippi Code of 1972, shall be subject to the approval of the 4796
Mississippi Information Technology Services. 4797
(i) Maintain a field coordination and support unit 4798
which shall have all the power conferred by law upon any peace 4799
officer of this state. 4800
(2) The department, including the investigative division or 4801
the center, may: 4802
(a) Obtain and store fingerprints, descriptions, 4803
photographs and any other pertinent identifying data from crime 4804
scenes and on persons who: 4805
(i) Have been or are hereafter arrested or taken 4806
into custody in this state: 4807
1. For an offense which is a felony; 4808
2. For an offense which is a misdemeanor; 4809
3. As a fugitive from justice; or 4810
(ii) Are or become habitual offenders; or 4811
(iii) Are currently or become confined to any 4812
prison, penitentiary or other penal institution; or 4813
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(iv) Are unidentified human corpses found in the 4814
state; or 4815
(v) Have submitted fingerprints for conducting 4816
criminal history record checks. 4817
(b) Compare all fingerprint and other identifying data 4818
received with that already on file and determine whether or not a 4819
criminal record is found for such person, and at once inform the 4820
requesting agency or arresting officer of those facts that may be 4821
disseminated consistent with applicable security and privacy laws 4822
and regulations. A record shall be maintained for a minimum of 4823
one (1) year of the dissemination of each individual criminal 4824
history, including at least the date and recipient of such 4825
information. 4826
(c) Establish procedures to respond to those 4827
individuals who file requests to review their own records, 4828
pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in 4829
the correction of the central center records and those of 4830
contributing agencies when their accuracy has been successfully 4831
challenged either through the related contributing agencies or by 4832
court order issued on behalf of an individual. 4833
(d) Retain in the system the fingerprints of all law 4834
enforcement officers and part-time law enforcement officers, as 4835
those terms are defined in Section 45-6-3, any fingerprints sent 4836
by the Mississippi State Department of Health, and of all 4837
applicants to law enforcement agencies. 4838
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(3) There shall be a presumption that a copy of any document 4839
submitted to the center in accordance with the provisions of 4840
Section 45-27-9 that has been processed as set forth in this 4841
chapter and subsequently certified and provided by the center to a 4842
law enforcement agency or a court shall be admissible in any 4843
proceeding without further authentication unless a person 4844
objecting to that admissibility has successfully challenged the 4845
document under the provisions of Section 45-27-11. 4846
SECTION 69. Section 49-37-7, Mississippi Code of 1972, is 4847
brought forward as follows: 4848
49-37-7. (1) There is created the Mississippi Statewide 4849
Scientific Information Management System Coordinating Council, 4850
hereinafter referred to as "coordinating council," for the purpose 4851
of developing a strategic plan for a statewide scientific 4852
information management system and serving as a coordinating entity 4853
for all aspects of scientific information management. 4854
(2) (a) The council shall consist of the following voting 4855
members: the Executive Director of the Department of 4856
Environmental Quality; the Executive Director of the Department of 4857
Economic and Community Development; the Executive Director of the 4858
Department of Wildlife, Fisheries and Parks; the Executive 4859
Director of the Department of Marine Resources; the State Health 4860
Officer; the State Forester; the Executive Director of the 4861
Department of Transportation; the Chairman of the Mississippi 4862
Water Resources Advisory Council; the Vice-President for Research 4863
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and Sponsored Programs at each university on the Mississippi 4864
Research Consortium; the Vice-President for Agriculture, Forestry 4865
and Veterinary Medicine at Mississippi State University; the State 4866
Director of Technology Transfer; the Center Director of the 4867
National Aeronautics and Space Administration, Stennis Space 4868
Center; the District Chief, Mississippi District, United States 4869
Geological Survey; the Executive Director of the Mississippi 4870
Automated Resource Information System; the Executive Director of 4871
the Department of Information Technology Services; the President 4872
of the Institute of Technology Development; and two (2) 4873
representatives of the private sector user community appointed by 4874
the Governor. 4875
Members of the coordinating council not appointed by the 4876
Governor shall serve a term concurrent with their term of office 4877
in their respective position. Nonappointed members may designate 4878
an alternate to serve in their stead and the alternate shall have 4879
the authority to act for the designating member. 4880
Members of the council appointed by the Governor shall serve 4881
four-year terms. 4882
(b) In addition to the members of the coordinating 4883
council specified in paragraph (a) of this subsection, the 4884
coordinating council may invite, as participating members, 4885
representatives of any other state and federal organizations, or 4886
individuals possessing appropriate expertise or who have a viable 4887
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interest in the development and implementation of the statewide 4888
scientific information management system. 4889
(c) The Chairman of the Senate Environmental 4890
Protection, Conservation and Water Resources Committee and one (1) 4891
member of that committee appointed by the chairman may attend 4892
meetings of the coordinating council. The Speaker of the House of 4893
Representatives may designate the Chairman of the House 4894
Conservation and Water Resources Committee and one (1) member of 4895
that committee to attend any meeting of the coordinating council. 4896
The appointing authorities may designate alternate members from 4897
their respective houses to serve when the regular designees are 4898
unable to attend such meetings of the coordinating council. The 4899
legislative designees shall have no jurisdiction or vote on any 4900
matter within the jurisdiction of the coordinating council. For 4901
attending meetings of the coordinating council, the legislators 4902
shall receive per diem and expenses which shall be paid from the 4903
contingent expense funds of their respective houses in the same 4904
amounts as provided for committee meetings when the Legislature is 4905
not in session; however, no per diem and expenses for attending 4906
meetings of the coordinating council will be paid while the 4907
Legislature is in session. No per diem and expenses will be paid 4908
except for attending meetings of the coordinating council without 4909
prior approval of the proper committee in their respective houses. 4910
(d) Original appointments to the coordinating council 4911
shall be made no later than October 1, 1999. The Governor shall 4912
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require adequate disclosure of potential conflicts of interest by 4913
appointed members of the coordinating council. Vacancies on the 4914
coordinating council shall be filled by appointment in the same 4915
manner as the original appointments. 4916
(e) The coordinating council shall elect from its 4917
membership a chairperson to preside over meetings and 4918
vice-chairperson to preside in the absence of the chairperson or 4919
when the chairperson shall be excused. The coordinating council 4920
shall adopt procedures governing the manner of conducting its 4921
business. A majority of the members shall constitute a quorum to 4922
do business. 4923
(f) Members of the coordinating council shall serve 4924
without compensation, except as otherwise provided in paragraph 4925
(c) of this subsection. At the direction of the chairman of the 4926
coordinating council and contingent upon the availability of 4927
sufficient funds, each member may receive reimbursement for 4928
reasonable expenses, including travel expenses in accordance with 4929
rates established pursuant to Section 25-3-41, Mississippi Code of 4930
1972, incurred in attending meetings of the coordinating council. 4931
(3) The coordinating council shall convene before November 4932
15, 1999. 4933
(4) The coordinating council shall not employ any permanent 4934
staff, rent or occupy independent office space or otherwise 4935
establish a full-time office. 4936
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(5) In conducting its activities under this chapter, the 4937
coordinating council may elicit the support of and participation 4938
by any state or local governmental agency as may be necessary or 4939
appropriate. All state and local governmental agencies shall 4940
provide support or participation as requested. 4941
(6) The coordinating council may exercise those duties and 4942
powers necessary to carry out the purposes of this chapter, 4943
including, but not limited to, the following functions: 4944
(a) Conduct, or cause to be conducted any studies, 4945
analyses or evaluations related to the development and 4946
implementation of a scientific information management system; 4947
(b) Apply and contract for and accept any grants, 4948
public or private funds, gifts or proceeds in furtherance of the 4949
activities of the coordinating council; 4950
(c) Authorize the Executive Director of the Department 4951
of Environmental Quality to enter into all contracts or execute 4952
all instruments, on behalf of the coordinating council, and do all 4953
acts necessary, desirable or convenient to carry out any power 4954
expressly granted to the council in this chapter; and 4955
(d) Expend or distribute any funds or assets in its 4956
custody or under its control appropriate in carrying out the 4957
purposes of this chapter. 4958
SECTION 70. Section 57-13-23, Mississippi Code of 1972, is 4959
brought forward as follows: 4960
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57-13-23. (1) There is created and established the 4961
Mississippi Automated Resource Information System (MARIS), 4962
(heretofore created by Executive Order No. 459, dated May 26, 4963
1983, as amended by Executive Order No. 562, dated January 15, 4964
1986), which shall be the mechanism within state government for 4965
the storing, processing, extracting and disseminating of useful 4966
data and information relating to the state's resources. 4967
(2) The goal of MARIS shall be to facilitate the achievement 4968
of state agencies' responsibilities as they relate to the 4969
development, management, conservation, protection and utilization 4970
of the resources of Mississippi by making usable resource data and 4971
information more readily available and in a format that is 4972
consistent throughout state departments, agencies and 4973
institutions, and, to the extent possible, with federal and 4974
privately generated resource data banks. 4975
(3) MARIS shall be under the supervision and general policy 4976
formulations of a policy committee as the cooperative effort of 4977
state departments, agencies and institutions for the sharing of 4978
useful data acquired and generated by state agencies in 4979
discharging their individual responsibilities. 4980
(4) There is created and established the MARIS Policy 4981
Committee composed of the directors or their designees of the 4982
following departments, agencies and institutions: 4983
Center for Population Studies, University of Mississippi 4984
Department of Information Technology Services 4985
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Department of Agriculture and Commerce 4986
Department of Archives and History 4987
Mississippi Development Authority 4988
Department of Human Services 4989
Department of Child Protection Services 4990
Department of Environmental Quality 4991
Department of Wildlife, Fisheries and Parks 4992
Mississippi Department of Transportation 4993
Mississippi Emergency Management Agency 4994
Mississippi Mineral Resources Institute, University of 4995
Mississippi 4996
Department of Finance and Administration 4997
Office of the Secretary of State 4998
Public Service Commission 4999
Remote Sensing Center, Mississippi State University 5000
State Forestry Commission 5001
State Department of Health 5002
State Oil and Gas Board 5003
State Soil and Water Conservation Commission 5004
Department of Revenue 5005
University Research Center 5006
Water Management Council. 5007
(5) The MARIS Policy Committee shall elect a chairman, vice 5008
chairman and secretary, and it shall elect an executive committee 5009
from the membership of the policy committee to be composed of not 5010
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less than five (5) nor more than nine (9) members, including the 5011
aforesaid officers. The policy committee may elect to the 5012
executive committee one (1) person other than from its membership. 5013
The policy committee shall determine the authority and 5014
responsibility to be exercised by the executive committee. 5015
(6) There is created and established the MARIS Task Force 5016
which shall be composed of at least one (1) representative from 5017
each of the aforesaid agencies with knowledge in computer 5018
applications to natural, cultural, industrial or economic 5019
resources to be appointed by the respective directors thereof, and 5020
any other persons deemed advisable by the policy committee. 5021
(7) The University Research Center shall house the MARIS 5022
equipment and staff and shall provide administrative support for 5023
the policy committee and technical support to all member agencies. 5024
(8) It shall be the duty of every department, agency, office 5025
and institution of the State of Mississippi, and the officers 5026
thereof, to cooperate with and assist the MARIS Policy Committee 5027
in every reasonable way. 5028
SECTION 71. Section 63-9-31, Mississippi Code of 1972, is 5029
brought forward as follows: 5030
63-9-31. (1) In addition to any other monetary penalties 5031
and other penalties imposed by law, any county, municipality or 5032
the Pearl River Valley Water Supply District Patrol which 5033
participates in a wireless radio communications program approved 5034
by the applicable governing authorities may assess an additional 5035
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surcharge in an amount not to exceed Ten Dollars ($10.00) on each 5036
person upon whom a court imposes a fine or other penalty for each 5037
violation of Title 63, Mississippi Code of 1972, except offenses 5038
relating to vehicular parking or registration. On all citations 5039
issued by Mississippi Highway Safety Patrol officers, a surcharge 5040
in the amount of Ten Dollars ($10.00) shall be collected by the 5041
court and deposited as provided in subsection (2) of this section. 5042
The proceeds from the surcharge on citations issued by county and 5043
municipal law enforcement officers or the Pearl River Valley Water 5044
Supply District Patrol may be used by a county or municipality 5045
only to fund that county's or municipality's or the Pearl River 5046
Valley Water Supply District Patrol's participation in the 5047
wireless radio communications program by funding public safety 5048
wireless communications systems and related computer and 5049
communications equipment. The proceeds from the surcharge on 5050
citations issued by Mississippi Highway Safety Patrol officers 5051
shall be used as provided in subsection (2) of this section. All 5052
proceeds from the surcharge imposed by this subsection shall be 5053
deposited into a special fund in the Department of Public Safety's 5054
Office of Public Safety Planning. The Office of Public Safety 5055
Planning shall promulgate rules and procedures relating to the 5056
administration of the special fund and the disbursement of monies 5057
in the fund to participating governmental entities. The maximum 5058
amount that a governmental entity may receive from the special 5059
fund shall be an amount equal to the deposits made into the fund 5060
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by that entity, less one percent (1%) to be retained by the Office 5061
of Public Safety Planning to defray the costs of administering the 5062
special fund. Interest earned on the special fund shall remain in 5063
the fund and shall be used by the Office of Public Safety Planning 5064
to further defray the costs of administering the special fund. 5065
(2) Deposits into the special fund resulting from citations 5066
issued by the Mississippi Highway Safety Patrol shall be utilized 5067
as follows: Fifty percent (50%) of the deposits into the special 5068
fund shall be used to automate the citations issued by Mississippi 5069
Highway Safety Patrol officers (including the transmittal of 5070
citations to the justice court, retrieval of the disposition from 5071
the justice court, and updating the driver's records) and fifty 5072
percent (50%) of the deposits into the special fund shall be used 5073
for the purpose of funding wireless communications and related 5074
computer equipment and computer software, subject to the approval 5075
of the Mississippi Department of Information Technology Services. 5076
(3) Approval of a wireless radio communications program must 5077
be given by the applicable governing authorities when: 5078
(a) The program includes the sharing of support 5079
facilities including, but not limited to, towers, shelters and 5080
microwave by participating entities; or 5081
(b) The program includes the establishment of a mutual 5082
aid system using common radio frequency channels between 5083
participating entities; or 5084
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(c) The program sets forth a feasible methodology that 5085
utilizes the radio frequency spectrum in an efficient manner. 5086
(4) Participating counties, municipalities, the Pearl River 5087
Valley Water Supply District Patrol and the Mississippi Highway 5088
Safety Patrol must provide notification of facilities available 5089
for interoperability to the Mississippi Department of Information 5090
Technology Services annually. 5091
(5) Counties and municipalities and the Pearl River Valley 5092
Water Supply District Patrol participating in a wireless radio 5093
communications program and the Mississippi Highway Safety Patrol 5094
must comply with competitive bidding requirements prescribed in 5095
Section 31-7-13 and are encouraged to utilize an open 5096
architecture, nonproprietary system. 5097
(6) From and after July 1, 2016, the expenses of this agency 5098
shall be defrayed by appropriation from the State General Fund and 5099
all user charges and fees authorized under this section shall be 5100
deposited into the State General Fund as authorized by law. 5101
(7) From and after July 1, 2016, no state agency shall 5102
charge another state agency a fee, assessment, rent or other 5103
charge for services or resources received by authority of this 5104
section. 5105
SECTION 72. Section 63-21-18, Mississippi Code of 1972, is 5106
brought forward as follows: 5107
63-21-18. The Mississippi Department of Information 5108
Technology Services shall provide equipment for the operation and 5109
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maintenance of the automated statewide motor vehicle, manufactured 5110
housing and mobile home registration system by the department. 5111
The automated statewide motor vehicle, manufactured housing 5112
and mobile home registration system shall provide for computer 5113
terminals and printers, as authorized by the Department of 5114
Information Technology Services, to be located in the quantity 5115
necessary in each county seat tax collector's office and any other 5116
office in which more than fifty percent (50%) of the motor vehicle 5117
registrations in the county are made. 5118
All county tax collectors shall participate in such system as 5119
it applies to Chapter 19, Title 27; Chapter 51, Title 27; Chapter 5120
21, Title 63; Mississippi Code of 1972, in accordance with rules 5121
and regulations promulgated by the department. Such rules and 5122
regulations shall provide that counties which have an existing 5123
computer system designed to produce registration data may elect to 5124
use such existing system to communicate title/registration data to 5125
the department through the computer furnished by the state as 5126
hereinabove provided in this section. If the department finds and 5127
determines that a county has failed to successfully establish or 5128
update title/registration data into the statewide vehicle, 5129
manufactured housing and mobile home title/registration system, 5130
either through use of equipment supplied by the department or 5131
through the interfacing between the network system and county 5132
computer equipment, the department shall thereafter cause to be 5133
withheld the county's homestead exemption reimbursement monies, 5134
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except for school districts and municipalities, until such time as 5135
the county has complied with this provision. Such monies as are 5136
withheld from a county for failure to comply with this provision 5137
shall be placed into a special escrow account to be established in 5138
the State Treasury. Once the county achieves compliance by 5139
successfully establishing or updating title/registration data into 5140
the statewide vehicle, manufactured housing and mobile home 5141
title/registration system, then the department shall cause to be 5142
released to the county all funds held in escrow on the county's 5143
behalf during the period of noncompliance. All interest earned 5144
shall accrue to the benefit of the county on any funds placed in 5145
an escrow account. Any cost involved in interfacing between 5146
existing county computer systems and the state-provided computer 5147
shall be paid by the county. 5148
The computer terminals and printers placed in each county tax 5149
collector's office may be utilized to provide additional computer 5150
functions as authorized by the Department of Information 5151
Technology Services. 5152
The State Fiscal Officer shall issue his warrants to the 5153
State Treasurer for the expenditures for the implementation and 5154
maintenance of the system upon requisitions signed by the 5155
Commissioner of Revenue, as authorized by the Legislature. 5156
It is the intent of the Legislature that the operation of the 5157
statewide motor vehicle, manufactured housing and mobile home 5158
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title registration system shall be the responsibility of the 5159
department. 5160
The department shall provide for the transfer of motor 5161
vehicle, manufactured housing and mobile home title and lien 5162
registration information to the department by electronic means 5163
from banks and other lending institutions as provided in Section 5164
63-21-18. The Department of Information Technology Services shall 5165
cooperate with the department in implementing the provisions of 5166
Section 63-21-18, and shall provide the department with whatever 5167
assistance the department needs to carry out the provisions of 5168
Section 63-21-18. 5169
A used motor vehicle parts dealer or scrap metal processor 5170
must utilize the department's automated statewide motor vehicle 5171
registration system for the purpose of complying with the 5172
requirements of Section 63-21-39(1)(a). 5173
SECTION 73. Section 73-34-8, Mississippi Code of 1972, is 5174
brought forward as follows: 5175
73-34-8. (1) Effective July 1, 2023, the Mississippi Real 5176
Estate Appraiser Licensing and Certification Board shall be 5177
separated from the Mississippi Real Estate Commission 5178
("commission") and shall thereafter operate as an independent 5179
board to be known as the Mississippi Real Estate Appraisal Board 5180
("board"). 5181
(2) The Mississippi Real Estate Commission and the 5182
Mississippi Real Estate Appraisal Board shall cooperate on the 5183
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orderly transfer of functions and resources as provided under this 5184
chapter to ensure that by July 1, 2023, the Mississippi Real 5185
Estate Appraisal Board shall be fully functional and independent 5186
from the Real Estate Commission. 5187
(3) The Mississippi Real Estate Commission and the 5188
Mississippi Real Estate Appraisal Board shall comply with the 5189
provisions of Section 5-11-1 et seq., regarding the transfer of 5190
agency functions. 5191
(4) (a) The Mississippi State Personnel Board shall provide 5192
assistance to the commission and the board to ensure that all 5193
authorized positions of the Mississippi Real Estate Appraiser 5194
Licensing and Certification Board are identified and properly 5195
assigned to the Mississippi Real Estate Appraisal Board by July 1, 5196
2023. 5197
(b) The Department of Finance and Administration shall 5198
assist the Mississippi Real Estate Appraisal Board in identifying 5199
office space appropriate to meet its needs in a state-owned office 5200
building if possible, and shall further provide any temporary 5201
accounting or other assistance to the board to assist the board in 5202
becoming operational and independent. 5203
(c) The Department of Information Technology Services 5204
shall provide assistance to the Mississippi Real Estate Appraisal 5205
Board to ensure that any and all computer systems, web pages and 5206
other information technology communications systems are 5207
operational by July 1, 2023. 5208
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(d) Beginning on July 1, 2023, wherever the terms 5209
"Mississippi Real Estate Appraiser Licensing and Certification 5210
Board" or "board," when referring to the Mississippi Real Estate 5211
Appraiser Licensing and Certification Board, appear in any law, 5212
rule, regulation or document the same shall be construed to mean 5213
the Mississippi Real Estate Appraisal Board. 5214
SECTION 74. Section 75-12-33, Mississippi Code of 1972, is 5215
brought forward as follows: 5216
75-12-33. The executive authority of each governmental 5217
agency of this state shall determine whether, and the extent to 5218
which, it will create and retain electronic records and convert 5219
written records to electronic records subject to applicable 5220
policies and standards of the Mississippi Department of 5221
Information Technology Services and the Mississippi Department of 5222
Archives and History as may be adopted pursuant to law. 5223
SECTION 75. Section 89-5-109, Mississippi Code of 1972, is 5224
brought forward as follows: 5225
89-5-109. ADMINISTRATION AND STANDARDS. 5226
(a) The Mississippi Electronic Recording Commission 5227
consisting of eleven (11) members is created to adopt standards to 5228
implement this article. The membership of the commission shall 5229
comprise the following: 5230
(1) A person appointed by the Governor; 5231
(2) A person appointed by the Lieutenant Governor; 5232
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(3) A person appointed by the Speaker of the House of 5233
Representatives; 5234
(4) Three (3) members of the Chancery Clerks' 5235
Association; 5236
(5) A person appointed by the Mississippi Association 5237
of Supervisors; 5238
(6) The Director of the Mississippi Information 5239
Technology Services or his designee; and 5240
(7) Three (3) persons appointed by the Secretary of 5241
State. 5242
Appointed members of the commission shall serve a term of two 5243
(2) years from the date of appointment as evidenced by letters to 5244
the Secretary of the Senate and the Clerk of the House of 5245
Representatives, with the appointment letter last received being 5246
the effective date of appointment. Any member serving by virtue 5247
of appointment shall serve until a successor is duly appointed. 5248
Appointed members shall be eligible for reappointment at the end 5249
of their terms. 5250
(b) Appointments are to be made no later than October 1, 5251
2011, and the initial meeting of the commission is to be held no 5252
later than November 1, 2011. The initial meeting is to be called 5253
at a time and place designated by the Secretary of State who shall 5254
preside until a permanent chair is elected. The election of a 5255
permanent chair shall be held at the initial meeting. The chair 5256
shall serve during the chair's tenure but shall not serve 5257
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consecutive terms as chair. The commission shall establish rules 5258
to govern the conduct of its meetings and shall elect such 5259
officers as provided in the rules. A quorum shall consist of no 5260
fewer than six (6) members. 5261
(c) To keep the standards and practices of chancery clerks 5262
in this state in harmony with the standards and practices of 5263
recording offices in other jurisdictions that enact substantially 5264
this article and to keep the technology used by chancery clerks in 5265
this state compatible with technology used by recording offices in 5266
other jurisdictions that enact substantially this article, the 5267
commission, so far as is consistent with the purposes, policies, 5268
and provisions of this article, in adopting, amending, and 5269
repealing standards shall consider: 5270
(1) Standards and practices of other jurisdictions; 5271
(2) The most recent standards promulgated by national 5272
standard-setting bodies, such as the Property Records Industry 5273
Association; 5274
(3) The views of interested persons and governmental 5275
officials and entities; 5276
(4) The needs of counties of varying size, population, 5277
and resources; and 5278
(5) Standards requiring adequate information security 5279
protection to ensure that electronic documents are accurate, 5280
authentic, adequately preserved, and resistant to tampering. 5281
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SECTION 76. This act shall take effect and be in force from 5282
and after July 1, 2026. 5283