MS Department Emergency Management; create.

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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Deweese, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1643

AN ACT TO CREATE THE MISSISSIPPI DEPARTMENT OF EMERGENCY 1
MANAGEMENT WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT IN 2
ORDER TO HOUSE EMERGENCY MANAGEMENT SUBAGENCIES, UNITS, AND/OR 3
OFFICES WITHIN STATE GOVERNMENT; TO AMEND SECTIONS 33-15-2, 4
33-15-5, 33-15-7, 33-15-11, 33-15-14, 33-15-15, 33-15-19, 5
33-15-25, 33-15-31, 33-15-51, 33-15-53, 33-15-305, 33-15-307, 6
33-15-308, 33-15-309, 33-15-311, 33-15-313, 33-15-317, 33-15-401, 7
33-15-403, 19-5-385, 19-5-383, 19-5-387 AND 19-5-393, MISSISSIPPI 8
CODE OF 1972, TO ASSIGN AUTHORITIES TO THE EXECUTIVE DIRECTOR OF 9
THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO ESTABLISH 10
THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY AS AN OFFICE OF THE 11
MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO TRANSFER THE 12
MISSISSIPPI EMERGENCY COMMUNICATIONS AUTHORITY FROM UNDER THE 13
PURVIEW OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY TO AN 14
OFFICE UNDER THE PURVIEW OF THE MISSISSIPPI DEPARTMENT OF 15
EMERGENCY MANAGEMENT; TO ESTABLISH AN OFFICE OF ADMINISTRATIVE 16
SERVICES WITHIN THE MISSISSIPPI DEPARTMENT OF EMERGENCY 17
MANAGEMENT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. (1) There is hereby created within the executive 20
branch of the state government a department to be known as the 21
Mississippi Department of Emergency Management that shall house 22
all subagencies and/or offices with primary missions within the 23
areas of emergency management. 24
(2) The Department shall be led by an Executive Director of 25
emergency management who shall be appointed by the Governor; he 26
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shall hold office during the pleasure of the Governor and shall be 27
compensated as determined by any appropriation that may be made by 28
the Legislature for such purposes. 29
(3) The director, with the approval of the Governor, may 30
employ such technical, clerical, stenographic and other personnel, 31
to be compensated as provided in any appropriation that may be 32
made for such purpose, and may make such expenditures within the 33
appropriation therefor, or from other funds made available to him 34
for purposes of emergency management, as may be necessary to carry 35
out the purposes of this article. 36
(4) The director and other personnel of the emergency 37
management department shall be provided with appropriate office 38
space, furniture, equipment, supplies, stationery and printing in 39
the same manner as provided for other state agencies. 40
(5) The director, subject to the direction and control of 41
the Governor, shall be the executive head of the Department of 42
Emergency Management and shall be responsible to the Governor for 43
carrying out the program for emergency management of this state. 44
He shall coordinate the activities of all organizations for 45
emergency management within the state, and shall maintain liaison 46
with and cooperate with emergency management agencies and 47
organizations of other states and of the federal government, and 48
shall have such additional authority, duties, and responsibilities 49
authorized by this article as may be prescribed by the Governor. 50
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(6) Notwithstanding any provision of law to the contrary, 51
the Director shall appoint heads of offices and/or subagencies, 52
who shall serve at the pleasure of the Director. The Director 53
shall have the authority to organize the offices, units, and/or 54
subagencies within the Department as deemed appropriate to carry 55
out the responsibilities of the Department. The Director may 56
assign to the appropriate offices, units, and/or subagencies such 57
powers and duties as deemed appropriate to carry out the 58
department's lawful functions. The organization charts of the 59
department shall be presented annually with the budget request of 60
the Governor for review by the Legislature. 61
(7) The Director shall establish the organizational 62
structure of the Department of Emergency Management which shall 63
include the creation of any subagencies, units, and/or offices 64
necessary to implement the duties assigned to the department and 65
consistent with specific requirements of law. 66
(8) The Director may also delegate his authorities under 67
this article as deemed necessary and appropriate to carry out the 68
department's lawful functions. 69
(9) The Department shall have the following duties and 70
responsibilities, including but not limited to: 71
(a) In accordance with Section 33-15-15, Mississippi 72
Code of 1972, create, implement, administer, promulgate, amend, 73
and rescind rules regarding the development of the Mississippi 74
Disaster Reservist Program. 75
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(b) Administer, as necessary, eligible legacy CMRS 76
reimbursements of infrastructure costs using funds appropriated by 77
the Legislature for such purposes which are deposited into the 78
State NG911 Fund. Such reimbursements shall be for compliance with 79
legacy emergency communications services and processed through the 80
Office of Administrative Services. 81
SECTION 2. Section 33-15-2, Mississippi Code of 1972, is 82
amended as follows: 83
33-15-2. (1) The Legislature finds and declares that the 84
state is vulnerable to a wide range of emergencies, including 85
natural, technological and man-made disasters, all of which 86
threaten the life, health and safety of its people; damage and 87
destroy property; disrupt services and everyday business and 88
recreational activities; and impede economic growth and 89
development. The Legislature further finds that this 90
vulnerability is exacerbated by the growth in the state's number 91
of persons with special needs. This growth has greatly 92
complicated the state's ability to coordinate its emergency 93
management resources and activities. 94
(2) It is the intent of the Legislature to reduce the 95
vulnerability of the people and property of this state; to prepare 96
for efficient evacuation and shelter of threatened or affected 97
persons; to provide for the rapid and orderly provision of relief 98
to persons and for the coordination of activities relating to 99
emergency preparedness, response, recovery and mitigation among 100
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and between agencies and officials of this state, with similar 101
agencies and officials of other states, with local and federal 102
governments, with interstate organizations and with the private 103
sector. 104
(3) It is further the intent of the Legislature to promote 105
the state's emergency preparedness, response, recovery and 106
mitigation capabilities through enhanced coordination, long-term 107
planning and adequate funding. State policy for responding to 108
disasters is to support local emergency response efforts. In the 109
case of a major or catastrophic disaster, however, the needs of 110
residents and communities will likely be greater than local 111
resources. In these situations, the state must be capable of 112
providing effective, coordinated and timely support to communities 113
and the public. Therefore, the Legislature determines and 114
declares that the provisions of this article fulfill an important 115
state interest. 116
(4) It is also the intent of the Legislature to meet the 117
purpose of this article by consolidating emergency management 118
functions throughout state government in a department within the 119
executive branch. 120
SECTION 3. Section 33-15-5, Mississippi Code of 1972, is 121
amended as follows: 122
33-15-5. The following words, whenever used in this article 123
shall, unless a different meaning clearly appears from the 124
context, have the following meanings: 125
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(a) " * * * MEMA" means the Mississippi Emergency 126
Management Agency, created by Section 33-15-7. 127
(b) "Director" means the Executive Director of the 128
Department of Emergency Management, appointed pursuant to 129
Section * * * 33-15-4. 130
(c) "Department" means the Mississippi Department of 131
Emergency Management. 132
(d) "Deputy" means the official heads of each 133
subagency, unit, or office as appointed by the director. 134
(e) "Emergency management" means the preparation for, 135
the mitigation of, the response to, and the recovery from 136
emergencies and disasters. Specific emergency management 137
responsibilities include, but are not limited to: 138
(i) Reduction of vulnerability of people and 139
communities of this state to damage, injury and loss of life and 140
property resulting from natural, technological or man-made 141
emergencies or hostile military paramilitary action. 142
(ii) Preparation for prompt and efficient response 143
and recovery to protect lives and property affected by 144
emergencies. 145
(iii) Response to emergencies using all systems, 146
plans and resources necessary to preserve adequately the health, 147
safety and welfare of persons or property affected by the 148
emergency. 149
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(iv) Recovery from emergencies by providing for 150
the rapid and orderly start of restoration and rehabilitation of 151
persons and property affected by emergencies. 152
(v) Provision of an emergency management system 153
embodying all aspects of preemergency preparedness and 154
postemergency response, recovery and mitigation. 155
(vi) Assistance in anticipation, recognition, 156
appraisal, prevention and mitigation of emergencies which may be 157
caused or aggravated by inadequate planning for, and regulation of 158
public and private facilities and land use. 159
( * * *f) "Civil defense," whenever it appears in the 160
laws of the State of Mississippi, shall mean "emergency 161
management" unless the context clearly indicates otherwise. 162
( * * *g) "State of war emergency" means the condition 163
which exists immediately, with or without a proclamation thereof 164
by the Governor, whenever this state or nation is attacked by an 165
enemy of the United States or upon receipt by the state of a 166
warning from the federal government indicating that such an attack 167
is probable or imminent. 168
( * * *h) "State of emergency" means the duly 169
proclaimed existence of conditions of disaster or extreme peril to 170
the safety of persons or property within the state caused by air 171
or water pollution, fire, flood, storm, epidemic, earthquake, 172
hurricane, resource shortages, or other natural or man-made 173
conditions other than conditions causing a "state of war 174
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emergency," which conditions by reasons of their magnitude are or 175
are likely to be beyond the control of the services, personnel, 176
equipment and facilities of any single county and/or municipality 177
and requires combined forces of the state to combat. 178
( * * *i) "Local emergency" means the duly proclaimed 179
existence of conditions of disaster or extreme peril to the safety 180
of persons and property within the territorial limits of a county 181
and/or municipality caused by such conditions as air or water 182
pollution, fire, flood, storm, epidemic, earthquake, hurricane, 183
resource shortages or other natural or man-made conditions, which 184
conditions are or are likely to be beyond the control of the 185
services, personnel, equipment and facilities of the political 186
subdivision and require the combined forces of other subdivisions 187
or of the state to combat. 188
( * * *j) "Emergency" means any occurrence, or threat 189
thereof, whether natural, technological, or man-made, in war or in 190
peace, which results or may result in substantial injury or harm 191
to the population or substantial damage to or loss of property. 192
( * * *k) "Man-made emergency" means an emergency 193
caused by an action against persons or society, including, but not 194
limited to, emergency attack, sabotage, terrorism, civil unrest or 195
other action impairing the orderly administration of government. 196
( * * *l) "Natural emergency" means an emergency caused 197
by a natural event, including, but not limited to, a hurricane, a 198
storm, a flood, severe wave action, a drought or an earthquake. 199
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( * * *m) "Technological emergency" means an emergency 200
caused by a technological failure or accident, including, but not 201
limited to, an explosion, transportation accident, radiological 202
accident, or chemical or other hazardous material incident. 203
( * * *n) "Local emergency management agency" means an 204
organization created to discharge the emergency management 205
responsibilities and functions of a political subdivision. 206
( * * *o) "Disaster" means any natural, technological 207
or civil emergency as defined in this section that causes damage 208
of sufficient severity and magnitude to result in a declaration of 209
an emergency by a county or municipality, the Governor or the 210
President of the United States. Disasters shall be identified by 211
the severity of resulting damage, as follows: 212
(i) "Catastrophic disaster" means a disaster that 213
will require massive state and federal assistance, including 214
immediate military involvement. 215
(ii) "Major disaster" means a disaster that will 216
likely exceed local capabilities and require a broad range of 217
state and federal assistance. 218
(iii) "Minor disaster" means a disaster that is 219
likely to be within the response capabilities of local government 220
and to result in only a minimal need for state or federal 221
assistance. 222
( * * *p) "Disaster Reservist" means any person hired 223
on a temporary basis pursuant to State Personnel Board policies 224
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and procedures regulating personal service contracts, that is 225
hired to perform specific tasks related to a Governor's State of 226
Emergency, or by an emergency or disaster declaration of the 227
President of the United States, by the agency, and is assigned to 228
perform such duties as may be required under the direction of the 229
appropriate agency supervisor. 230
( * * *q) "Emergency impact area" means the area of the 231
state in which market conditions exist due to a state of emergency 232
creating a likelihood that prices ordinarily charged for goods and 233
services could be raised unfairly due to the underlying emergency. 234
( * * *r) "Political subdivision" means a local 235
government created by the State of Mississippi to assist in 236
fulfilling the state's obligations. The term "political 237
subdivision" includes levee districts. 238
SECTION 4. Section 33-15-7, Mississippi Code of 1972, is 239
amended as follows: 240
33-15-7. (a) There is hereby created within the * * * 241
Mississippi Department of Emergency Management the Office of the 242
Mississippi Emergency Management Agency with a deputy 243
director * * * who shall be appointed by the Director of the 244
Department of Emergency Management; he or she shall hold office 245
during the pleasure of the * * * Director. 246
(b) The Deputy Director shall execute all duties assigned by 247
the Director to ensure the success and lawful functions of MEMA. 248
With the oversight and approval of the Director, the Deputy 249
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Director shall ensure all of the authorities provided to MEMA are 250
performed in accordance with this article. 251
* * * 252
SECTION 5. Section 33-15-11, Mississippi Code of 1972, is 253
amended as follows: 254
33-15-11. (a) The Governor shall have general direction and 255
control of the activities of the * * * Department of Emergency 256
Management and shall be responsible for the carrying out of the 257
provisions of this article, and in the event of a man-made, 258
technological or natural disaster or emergency beyond local 259
control, may assume direct operational control over all or any 260
part of the emergency management functions within this state. 261
(b) In performing his duties under this article, the 262
Governor is further authorized and empowered: 263
(1) To make, amend and rescind the necessary orders, 264
rules and regulations to carry out the provisions of this article 265
with due consideration of the plans of the federal government, and 266
to enter into disaster assistance grants and agreements with the 267
federal government under the terms as may be required by federal 268
law. 269
(2) To work with the Mississippi * * * Department of 270
Emergency Management in preparing a comprehensive plan and program 271
for the emergency management of this state, such plan and program 272
to be integrated into and coordinated with the emergency 273
management plans of the federal government and of other states to 274
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the fullest possible extent, and to coordinate the preparation of 275
plans and programs for emergency management by the political 276
subdivisions of this state, such local plans to be integrated into 277
and coordinated with the emergency management plan and program of 278
this state to the fullest possible extent. 279
(3) In accordance with such plan and program for 280
emergency management of this state, to ascertain the requirements 281
of the state or the political subdivisions thereof for food or 282
clothing or other necessities of life in the event of attack or 283
natural or man-made or technological disasters and to plan for and 284
procure supplies, medicines, materials and equipment, and to use 285
and employ from time to time any of the property, services and 286
resources within the state, for the purposes set forth in this 287
article; to make surveys of the industries, resources and 288
facilities within the state as are necessary to carry out the 289
purposes of this article; to institute training programs and 290
public information programs, and to take all other preparatory 291
steps, including the partial or full mobilization of emergency 292
management organizations in advance of actual disaster, to insure 293
the furnishing of adequately trained and equipped forces of 294
emergency management personnel in time of need. 295
(4) To cooperate with the President and the heads of 296
the Armed Forces, and the Emergency Management Agency of the 297
United States, and with the officers and agencies of other states 298
in matters pertaining to the emergency management of the state and 299
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nation and the incidents thereof; and in connection therewith, to 300
take any measures which he may deem proper to carry into effect 301
any request of the President and the appropriate federal officers 302
and agencies, for any action looking to emergency management, 303
including the direction or control of (a) blackouts and practice 304
blackouts, air raid drills, mobilization of emergency management 305
forces, and other tests and exercises, (b) warnings and signals 306
for drills or attacks and the mechanical devices to be used in 307
connection therewith, (c) the effective screening or extinguishing 308
of all lights and lighting devices and appliances, (d) shutting 309
off water mains, gas mains, electric power connections and the 310
suspension of all other utility services, (e) the conduct of 311
civilians and the movement and cessation of movement of 312
pedestrians and vehicular traffic during, prior and subsequent to 313
drills or attack, (f) public meetings or gatherings under 314
emergency conditions, and (g) the evacuation and reception of the 315
civilian population. 316
(5) To take such action and give such directions to 317
state and local law enforcement officers and agencies as may be 318
reasonable and necessary for the purpose of securing compliance 319
with the provisions of this article and with the orders, rules and 320
regulations made pursuant thereto. 321
(6) To employ such measures and give such directions to 322
the state or local boards of health as may be reasonably necessary 323
for the purpose of securing compliance with the provisions of this 324
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article or with the findings or recommendations of such boards of 325
health by reason of conditions arising from enemy attack or the 326
threat of enemy attack or natural, man-made or technological 327
disaster. 328
(7) To utilize the services and facilities of existing 329
officers and agencies of the state and of the political 330
subdivisions thereof; and all such officers and agencies shall 331
cooperate with and extend their services and facilities to the 332
Governor as he may request. 333
(8) To establish agencies and offices and to appoint 334
executive, technical, clerical and other personnel as may be 335
necessary to carry out the provisions of this article including, 336
with due consideration to the recommendation of the local 337
authorities, part-time or full-time state and regional area 338
directors. 339
(9) To delegate any authority vested in him under this 340
article, and to provide for the subdelegation of any such 341
authority. 342
(10) On behalf of this state to enter into reciprocal 343
aid agreements or compacts with other states and the federal 344
government, either on a statewide basis or local political 345
subdivision basis or with a neighboring state or province of a 346
foreign country. Such mutual aid arrangements shall be limited to 347
the furnishings or exchange of food, clothing, medicine and other 348
supplies; engineering services; emergency housing; police 349
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services; national or state guards while under the control of the 350
state; health, medical and related services; firefighting, rescue, 351
transportation and construction services and equipment; personnel 352
necessary to provide or conduct these services; and such other 353
supplies, equipment, facilities, personnel and services as may be 354
needed; the reimbursement of costs and expenses for equipment, 355
supplies, personnel and similar items for mobile support units, 356
firefighting and police units and health units; and on such terms 357
and conditions as are deemed necessary. 358
(11) To sponsor and develop mutual aid plans and 359
agreements between the political subdivisions of the state, 360
similar to the mutual aid arrangements with other states referred 361
to above. 362
(12) To collect information and data for assessment of 363
vulnerabilities and capabilities within the borders of Mississippi 364
as it pertains to the nation and state's security and homeland 365
defense. This information shall be exempt from the Mississippi 366
Public Records Act, Section 25-61-1 et seq. 367
(13) Authorize any agency or arm of the state to create 368
a special emergency management revolving fund, accept donations, 369
contributions, fees, grants, including federal funds, as may be 370
necessary for such agency or arm of the state to administer its 371
functions of this article as set forth in the Executive Order of 372
the Governor. 373
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(14) To authorize the Commissioner of Public Safety to 374
select, train, organize and equip a ready reserve of auxiliary 375
highway patrolmen. 376
(15) To suspend or limit the sale, dispensing or 377
transportation of alcoholic beverages, firearms, explosives and 378
combustibles. 379
(16) To control, restrict and regulate by rationing, 380
freezing, use of quotas, prohibitions on shipments, price-fixing, 381
allocation or other means, the use, sale or distribution of food, 382
feed, fuel, clothing and other commodities, materials, goods or 383
services. 384
(17) To proclaim a state of emergency in an area 385
affected or likely to be affected thereby when he finds that the 386
conditions described in Section 33-15-5(g) exist, or when he is 387
requested to do so by the mayor of a municipality or by the 388
president of the board of supervisors of a county, or when he 389
finds that a local authority is unable to cope with the emergency. 390
Such proclamation shall be in writing and shall take effect 391
immediately upon its execution by the Governor. As soon 392
thereafter as possible, such proclamation shall be filed with the 393
Secretary of State and be given widespread notice and publicity. 394
The Governor, upon advice of the director, shall review the need 395
for continuing the state of emergency at least every thirty (30) 396
days until the emergency is terminated and shall proclaim a 397
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reduction of area or the termination of the state of emergency at 398
the earliest possible date that conditions warrant. 399
(18) To declare an emergency impact area when he finds 400
that the conditions described in Section 33-15-5(o) exist. The 401
proclamation shall be in writing and shall take effect immediately 402
upon its execution by the Governor. As soon as possible, the 403
proclamation shall be filed with the Secretary of State and be 404
given widespread notice and publicity. The Governor shall review 405
the need for continuing the declaration of emergency impact area 406
at least every thirty (30) days until the emergency is terminated, 407
and shall proclaim the reduction of the emergency impact area or 408
termination of the declaration of emergency impact area at the 409
earliest date or dates possible. 410
(c) In addition to the powers conferred upon the Governor in 411
this section, the Legislature hereby expressly delegates to the 412
Governor the following powers and duties in the event of an 413
impending enemy attack, an enemy attack, or a man-made, 414
technological or natural disaster where such disaster is beyond 415
local control: 416
(1) To suspend the provisions of any regulatory statute 417
prescribing the procedures for conduct of state business, or the 418
orders, rules or regulations of any state agency, if strict 419
compliance with the provisions of any statute, order, rule or 420
regulation would in any way prevent, hinder or delay necessary 421
action in coping with a disaster or emergency. 422
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(2) To transfer the direction, personnel or functions 423
of state agencies, boards, commissions or units thereof for the 424
purpose of performing or facilitating disaster or emergency 425
services. 426
(3) To commandeer or utilize any private property if 427
necessary to cope with a disaster or emergency, provided that such 428
private property so commandeered or utilized shall be paid for 429
under terms and conditions agreed upon by the participating 430
parties. The owner of said property shall immediately be given a 431
receipt for the said private property and said receipt shall serve 432
as a valid claim against the Treasury of the State of Mississippi 433
for the agreed upon market value of said property. 434
(4) To perform and exercise such other functions, 435
powers and duties as may be necessary to promote and secure the 436
safety and protection of the civilian population in coping with a 437
disaster or emergency. 438
(d) This section does not authorize the Governor or a 439
designee of the Governor to act in contravention of Section 440
33-7-303. 441
SECTION 6. Section 33-15-14, Mississippi Code of 1972, is 442
amended as follows: 443
33-15-14. (1) * * * MEMA is responsible for maintaining a 444
comprehensive statewide program of emergency management. The 445
agency is responsible for coordination with efforts of the federal 446
government with other departments and agencies of state 447
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government, with county and municipal governments and school 448
boards and with private agencies that have a role in emergency 449
management. 450
(2) In performing its duties under this article, * * * MEMA 451
shall: 452
(a) Work with the Governor, or his representative, in 453
preparing a State Comprehensive Emergency Management Plan of this 454
state, which shall be integrated into and coordinated with the 455
emergency management plans of the federal government and of other 456
states to the fullest possible extent, and to coordinate the 457
preparation of plans and programs for emergency management by the 458
political subdivisions of the state, such local plans to be 459
integrated into and coordinated with the emergency plan and 460
program of this state. The plan must contain provisions to ensure 461
that the state is prepared for emergencies and minor, major and 462
catastrophic disasters, and the agency shall work closely with 463
local governments and agencies and organizations with emergency 464
management responsibilities in preparing and maintaining the plan. 465
The State Comprehensive Emergency Management Plan will be 466
operations oriented and: 467
(i) Include an evacuation component that includes 468
specific regional and interregional planning provisions and 469
promotes intergovernmental coordination of evacuation activities. 470
This component must, at a minimum: ensure coordination pertaining 471
to evacuees crossing county lines; set forth procedures for 472
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directing people caught on evacuation routes to safe shelter; and 473
establish policies and strategies for emergency medical 474
evacuations. 475
(ii) Include a shelter component that includes 476
specific regional and interregional planning provisions and 477
promotes coordination of shelter activities between the public, 478
private and nonprofit sectors. This component must, at a minimum: 479
contain strategies to ensure the availability of adequate public 480
shelter space in each region of the state; establish strategies 481
for refuge-of-last-resort programs; provide strategies to assist 482
local emergency management efforts to ensure that adequate 483
staffing plans exist for all shelters, including medical and 484
security personnel; provide for a postdisaster communications 485
system for public shelters; establish model shelter guidelines for 486
operations, registration, inventory, power generation capability, 487
information management and staffing; and set forth policy guidance 488
for sheltering people with special needs. 489
(iii) Include a postdisaster response and recovery 490
component that includes specific regional and interregional 491
planning provisions and promotes intergovernmental coordination of 492
postdisaster response and recovery activities. This component 493
must provide for postdisaster response and recovery strategies 494
according to whether a disaster is minor, major or catastrophic. 495
The postdisaster response and recovery component must, at a 496
minimum: establish the structure of the state's postdisaster 497
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response and recovery organization; establish procedures for 498
activating the state's plan; set forth policies used to guide 499
postdisaster response and recovery activities; describe the chain 500
of command during the postdisaster response and recovery period; 501
describe initial and continuous postdisaster response and recovery 502
actions; identify the roles and responsibilities of each involved 503
agency and organization; provide for a comprehensive 504
communications plan; establish procedures for monitoring mutual 505
aid agreements; provide for rapid impact assessment teams; ensure 506
the availability of an effective statewide urban search and rescue 507
program coordinated with the fire services; ensure the existence 508
of a comprehensive statewide medical care and relief plan 509
administered by the State Department of Health; and establish 510
systems for coordinating volunteers and accepting and distributing 511
donated funds and goods. 512
(iv) Include additional provisions addressing 513
aspects of preparedness, response and recovery, as determined 514
necessary by * * * MEMA. 515
(v) Address the need for coordinated and 516
expeditious deployment of state resources, including the 517
Mississippi National Guard. In the case of an imminent major 518
disaster, procedures should address predeployment of the 519
Mississippi National Guard, and, in the case of an imminent 520
catastrophic disaster, procedures should address predeployment of 521
the Mississippi National Guard and the United States Armed Forces. 522
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This subparagraph (v) does not authorize the agency to call out 523
and deploy the Mississippi National Guard, which authority and 524
determination rests solely with the Governor. 525
(vi) Establish a system of communications and 526
warning to ensure that the state's population and emergency 527
management agencies are warned of developing emergency situations 528
and can communicate emergency response decisions. 529
(vii) Establish guidelines and schedules for 530
annual exercises that evaluate the ability of the state and its 531
political subdivisions to respond to minor, major and catastrophic 532
disasters and support local emergency management agencies. Such 533
exercises shall be coordinated with local governments and, to the 534
extent possible, the federal government. 535
(viii) 1. Assign lead and support 536
responsibilities to state agencies and personnel for emergency 537
support functions and other support activities. 538
2. * * * MEMA shall prepare an interim 539
postdisaster response and recovery component that substantially 540
complies with the provisions of this paragraph (a). Each state 541
agency assigned lead responsibility for an emergency support 542
function by the State Comprehensive Emergency Management Plan 543
shall also prepare a detailed operational plan needed to implement 544
its responsibilities. The complete State Comprehensive Emergency 545
Management Plan shall be submitted to the Governor no later than 546
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January 1, 1996, and on January 1 of every even-numbered year 547
thereafter. 548
(b) Adopt standards and requirements for county 549
emergency management plans. The standards and requirements must 550
ensure that county plans are coordinated and consistent with the 551
State Comprehensive Emergency Management Plan. If a municipality 552
elects to establish an emergency management program, it must adopt 553
a city emergency management plan that complies with all standards 554
and requirements applicable to county emergency management plans. 555
(c) Assist political subdivisions in preparing and 556
maintaining emergency management plans. 557
(d) Review periodically political subdivision emergency 558
management plans for consistency with the State Comprehensive 559
Emergency Management Plan and standards and requirements adopted 560
under this section. 561
(e) Make recommendations to the Legislature, building 562
code organizations and political subdivisions for zoning, building 563
and other land use controls, safety measures for securing mobile 564
homes or other nonpermanent or semipermanent structures; and other 565
preparedness, prevention and mitigation measures designed to 566
eliminate emergencies or reduce their impact. 567
(f) In accordance with the State Comprehensive 568
Emergency Management Plan and program for emergency management, 569
ascertain the requirements of the state, its political 570
subdivisions and the Mississippi Band of Choctaw Indians for 571
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equipment and supplies of all kinds in the event of an emergency; 572
plan for and either procure supplies, medicines, materials and 573
equipment or enter into memoranda of agreement or open purchase 574
orders that will ensure their availability; and use and employ 575
from time to time any of the property, services and resources 576
within the state in accordance with this article. 577
(g) Anticipate trends and promote innovations that will 578
enhance the emergency management system. 579
(h) Prepare and distribute to appropriate state and 580
local officials catalogs of federal, state and private assistance 581
programs. 582
(i) Implement training programs to improve the ability 583
of state and local emergency management personnel to prepare and 584
implement emergency management plans and programs, and require all 585
local civil defense directors or emergency management directors to 586
complete such training as a condition to their authority to 587
continue service in their emergency management positions. 588
(j) Review periodically emergency operating procedures 589
of state agencies and recommend revisions as needed to ensure 590
consistency with the State Comprehensive Emergency Management Plan 591
and program. 592
(k) Prepare, in advance whenever possible, such 593
executive orders, proclamations and rules for issuance by the 594
Governor as are necessary or appropriate for coping with 595
emergencies and disasters. 596
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(l) Cooperate with the federal government and any 597
public or private agency or entity in achieving any purpose of 598
this article. 599
(m) Assist political subdivisions with the creation and 600
training of urban search and rescue teams and promote the 601
development and maintenance of a state urban search and rescue 602
program. 603
(n) Delegate, as necessary and appropriate, authority 604
vested in it under this article and provide for the subdelegation 605
of such authority. 606
(o) Require each county or municipality to designate an 607
agent for working with * * * MEMA in the event of a natural 608
disaster. The county or municipality may designate any person as 609
agent who has completed training programs required of emergency 610
management directors. 611
(p) Provide a report biennially to the Director to 612
present the Governor and the President of the Senate, and the 613
Speaker of the House of Representatives, no later than January 1 614
of every odd-numbered year, the status of the emergency management 615
capabilities of the state and its political subdivisions. 616
(q) In accordance with Section 25-43-1 et seq., create, 617
implement, administer, promulgate, amend and rescind rules, 618
programs and plans needed to carry out the provisions of this 619
article with due consideration for, and in cooperating with, the 620
plans and programs of the federal government. 621
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(r) Have the * * * power and discretion, upon the 622
approval of the director and through the department's Office of 623
Administrative Services, to enter into, sign, execute and deliver 624
long-term or multiyear leases of real and personal property with 625
other state and federal agencies. 626
(s) Do other things necessary, incidental or 627
appropriate for the implementation of this article. 628
(t) * * * [Deleted]. 629
(u) Unless otherwise instructed by the Governor, 630
sponsor and develop mutual aid plans and agreements between the 631
political subdivisions of the state and the Mississippi Band of 632
Choctaw Indians similar to the mutual aid arrangements with other 633
states referenced in Section 33-15-11(b)(10). 634
(v) Serve as the statewide coordinator for Emergency 635
Communications, including 911, E911, NG911 and all other related 636
functions. 637
(w) * * * [Deleted]. 638
SECTION 7. Section 33-15-15, Mississippi Code of 1972, is 639
amended as follows: 640
33-15-15. (a) The * * * department is authorized to 641
provide, within or without the state, such support from available 642
personnel, equipment and other resources of state agencies and the 643
political subdivisions of the state as may be necessary to 644
reinforce emergency management agencies in areas stricken by 645
emergency. Such support shall be rendered with due consideration 646
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of the plans of the federal government, this state, the other 647
states and of the criticalness of the existing situation. 648
Emergency management support forces shall be called to duty upon 649
orders of the * * * department and shall perform their functions 650
in any part of the state, or, upon the conditions specified in 651
this section, in other states. 652
(b) Personnel of emergency management support forces while 653
on duty, whether within or without the state, shall: 654
(1) If they are employees of the state, have the 655
powers, duties, rights, privileges and immunities and receive the 656
compensation incidental to their employment; 657
(2) If they are employees of a political subdivision of 658
the state, and whether serving within or without such political 659
subdivision, have the powers, duties, rights, privileges and 660
immunities and receive the compensation incidental to their 661
employment; and 662
(3) If they are not employees of the state or a 663
political subdivision thereof, be entitled to compensation by the 664
state at a rate commensurate with their duties and 665
responsibilities and to the same rights and immunities as are 666
provided by law for the employees of this state. 667
All personnel of emergency management support forces shall, 668
while on duty, be subject to the operational control of the 669
authority in charge of emergency management activities in the area 670
in which they are serving, and shall be reimbursed for all actual 671
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and necessary travel and subsistence expenses, and for death, 672
disability or injury to such personnel while on such emergency 673
duty as a member of an emergency management support force, the 674
state shall pay compensation to the heirs in event of death or the 675
individual in event of injury or disability in accordance with 676
payment schedules contained in the Mississippi Workers' 677
Compensation Law. 678
(c) The state shall reimburse a political subdivision for 679
the actual and necessary travel, subsistence and maintenance 680
expenses of employees of such political subdivision while serving 681
as members of an emergency management support force, and for all 682
payments for death, disability or injury of such employees 683
incurred in the course of such duty, and for all losses of or 684
damage to supplies and equipment of such political subdivision 685
resulting from the operation of such emergency management support 686
force. The state may also reimburse a political subdivision for 687
employees' overtime while deployed as members of an emergency 688
management support force and backfill of deployed forces when 689
determined by the director to be necessary to avoid serious 690
financial consequences for the political subdivision providing 691
support and when requested by the chief elected official of the 692
political subdivision stating the circumstances for the request. 693
(d) Whenever an emergency management support force of 694
another state shall render aid in this state pursuant to the 695
orders of the governor of its home state and upon the request of 696
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the Governor of this state, the personnel thereof shall have the 697
powers, duties, rights, privileges and immunities of emergency 698
management personnel serving in similar capacities in this state, 699
except compensation, and this state shall reimburse such other 700
state for the compensation paid and actual and necessary travel, 701
subsistence and maintenance expenses of the personnel of such 702
emergency management support force while rendering such aid, and 703
for all payments for death, disability or injury of such personnel 704
incurred in the course of rendering such aid, and for all losses 705
of or damage to supplies and equipment of such other state or a 706
political subdivision thereof resulting from the rendering of such 707
aid; provided that the laws of such other state contain provisions 708
substantially similar to this section. 709
(e) No personnel of emergency management support forces of 710
this state shall be ordered by the Governor to operate in any 711
other state unless the laws of such other state contain provisions 712
substantially similar to this section. 713
SECTION 8. Section 33-15-19, Mississippi Code of 1972, is 714
amended as follows: 715
33-15-19. (a) The governing body of a municipality or 716
county of the state is authorized to participate in the Statewide 717
Mutual Aid Compact (SMAC) established by * * * MEMA as a mechanism 718
to standardize mutual aid arrangements between jurisdictions 719
within the state. * * * MEMA is authorized to present the SMAC to 720
the Mississippi Band of Choctaw Indians' Tribal Council for its 721
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consideration and approval. SMAC provides guidelines for 722
requesting and receiving mutual aid, liability protection and 723
reimbursement procedures for providing such aid. The governing 724
body of each political subdivision of the state is strongly 725
encouraged to sign and ratify the SMAC for mutual aid between 726
their jurisdiction and other cities or counties within the state 727
as well as the Mississippi Band of the Choctaw Indians. A copy of 728
this agreement must be signed by the senior elected official of 729
the jurisdiction and the director and will be maintained on file 730
by * * * MEMA. 731
(b) Political subdivisions of the state, including their 732
fire service agencies, are also authorized to develop and enter 733
into mutual aid agreements with other jurisdictions outside the 734
state for reciprocal emergency aid and assistance in case of 735
emergencies too extensive to be dealt with unassisted. This shall 736
also include emergencies outside the state in which it is 737
geographically reasonable for a political subdivision of this 738
state, or its fire service, to respond. Copies of the agreements 739
shall be sent to * * * MEMA and shall be consistent with the State 740
Comprehensive Emergency Management Plan and program, and in time 741
of emergency it shall be the duty of each local emergency 742
management organization to render assistance in accordance with 743
the provisions of such mutual aid agreements. 744
(c) The Governor may enter into compacts with any state or 745
group of states if he finds that joint action with that state or 746
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group of states is desirable in meeting common intergovernmental 747
problems of emergency management planning or emergency prevention, 748
mitigation, response and recovery. 749
(1) Political subdivisions of the state, including 750
their fire service agencies, shall not be liable for the death of 751
or any injury to persons, or damage to property and all other 752
protections provided in Section 33-15-21(a), as a result of mutual 753
aid agreements entered into pursuant to this section. 754
(2) Employees of a political subdivision of this state 755
shall have the powers, duties, rights, privileges and immunities 756
and receive the compensation incidental to their employment and 757
all other benefits provided by Section 33-15-15. 758
SECTION 9. Section 33-15-25, Mississippi Code of 1972, is 759
amended as follows: 760
33-15-25. (a) The Governor of the State of Mississippi is 761
authorized to enter into agreements with the federal government 762
for the purpose of matching any federal funds that may be made 763
available for emergency management purposes, which shall include 764
purchasing emergency management equipment and supplies, to the 765
state on a matching basis. Provided, that no agreement shall 766
obligate the state for an amount greater than the appropriation 767
available for such purpose. The state's portion of the purchase 768
price of any emergency management equipment may be made available 769
from any appropriation made for such purposes. 770
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(b) Any county board of supervisors or municipal governing 771
body may enter into agreement with the federal government with 772
approval of the State Director of Emergency Management for 773
matching funds which may be made available for emergency 774
management purposes, which shall include purchasing emergency 775
management equipment and supplies, by such county or municipality 776
in conjunction with any federal matching program and funds may be 777
expended from the general fund of such county or municipality or 778
from such other funds as may be available to such county or 779
municipality for emergency management purposes in order to provide 780
the county or municipal portion of funds necessary to carry out 781
such matching agreement. 782
(c) * * * MEMA, through the department's Office of 783
Administrative Services may withhold from any county board of 784
supervisors, municipality or not-for-profit entity a portion or 785
all of a subgrant whenever the agency determines that the county, 786
municipality or not-for-profit entity owes a refund on any past 787
subgrant project that was not completed as required. 788
SECTION 10. Section 33-15-31, Mississippi Code of 1972, is 789
amended as follows: 790
33-15-31. (a) The governing bodies of the political 791
subdivisions of the state and other agencies designated or 792
appointed by the Governor are authorized and empowered to make, 793
amend, and rescind such orders, rules, and regulations as may be 794
necessary for emergency management purposes and to supplement the 795
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carrying out of the provisions of this article, but not 796
inconsistent with any orders, rules and regulations promulgated by 797
the Governor or by any state agency exercising a power delegated 798
to it by him. 799
(b) All orders, rules, and regulations promulgated by 800
the Governor, the Mississippi * * * Department of Emergency 801
Management, MEMA, or by any political subdivision or other agency 802
authorized by this article to make orders, rules and regulations, 803
shall have the full force and effect of law, when, in the event of 804
issuance by the Governor, or any state agency, a copy thereof is 805
filed in the office of the Secretary of State, or, if promulgated 806
by a political subdivision of the state or agency thereof, when 807
filed in the office of the clerk of the political subdivision or 808
agency promulgating the same. All existing laws, ordinances, 809
rules and regulations inconsistent with the provisions of this 810
article, or of any order, rule, or regulation issued under the 811
authority of this article, shall be suspended during the period of 812
time and to the extent that such conflict, disaster or emergency 813
exists. 814
(c) In order to attain uniformity so far as practicable 815
throughout the country in measures taken to aid emergency 816
management, all action taken under this article and all orders, 817
rules and regulations made pursuant thereto, shall be taken or 818
made with due consideration to the orders, rules, regulations, 819
actions, recommendations, and requests of federal authorities 820
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relevant thereto and, to the extent permitted by law, shall be 821
consistent with such orders, rules, regulations, actions, 822
recommendations and requests. 823
SECTION 11. Section 33-15-51, Mississippi Code of 1972, is 824
amended as follows: 825
33-15-51. The Grand Gulf Disaster Assistance Trust Fund is 826
hereby created as a special fund in the State Treasury to be 827
administered by the Mississippi Emergency Management Agency, 828
through the department's Office of Administrative Services. Monies 829
paid into the fund shall be derived from Sections 830
27-35-309(3)(b)(i) and (ii) and 27-35-309(3)(d). All monies 831
deposited therein shall be available for expenditure, transfer and 832
allocation by the Mississippi Emergency Management Agency for 833
state and local preparedness activities directly related to the 834
Grand Gulf Nuclear Generating Plant, with at least fifty percent 835
(50%) of the monies in the fund earmarked for use in conducting 836
such activities in the geographic area falling within a 837
thirty-mile radius of the plant. 838
SECTION 12. Section 33-15-53, Mississippi Code of 1972, is 839
amended as follows: 840
33-15-53. The head of each state department, agency or 841
commission shall select from within such agency a person to be 842
designated as the emergency coordination officer for the agency 843
and an alternate. The emergency coordination officer is 844
responsible for coordinating with the * * * Department of 845
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Emergency Management on emergency preparedness issues, preparing 846
and maintaining emergency preparedness and postdisaster response 847
and recovery plans for such agency, maintaining rosters of 848
personnel to assist in disaster operations and coordinating 849
appropriate training for agency personnel. These individuals 850
shall be responsible for ensuring that each state facility, such 851
as a prison, office building or university, has a disaster 852
preparedness plan that is approved by the applicable local 853
emergency management agency or the division. The head of each 854
agency shall notify the Governor and the * * * Department of 855
Emergency Management in writing of the person initially designated 856
as the emergency coordination officer for such agency and his 857
alternate and of any changes in persons so designated thereafter. 858
SECTION 13. Section 33-15-305, Mississippi Code of 1972, is 859
amended as follows: 860
33-15-305. The following terms shall have the meanings 861
ascribed in this section, unless the context requires otherwise: 862
(a) "Director" means the Deputy Director of the 863
Mississippi Emergency Management Agency, appointed by the 864
Executive Director of the Mississippi Department of Emergency 865
Management. 866
(b) "Disaster" means a fire, flood, storm, tornado, 867
hurricane, earthquake or other similar public calamity affecting 868
homeland security resulting directly from man-made, technological 869
or natural causes. 870
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(c) "Local agency" means any municipality, county or 871
special district. 872
(d) "Local emergency" means the existence of conditions 873
of disaster or extreme peril to the safety of persons and property 874
within a county or municipality proclaimed by the local governing 875
body in accordance with Section 33-15-17(d). 876
(e) "Governor's authorized representative" means the 877
primary and alternate emergency management official designated by 878
the Governor to administer federal assistance programs on behalf 879
of the state and local governments and other grant or loan 880
recipients and is responsible for the state compliance with the 881
FEMA-State Agreement. 882
(f) "Project" means the repair or restoration, or both, 883
other than normal maintenance, or the replacement of public real 884
property of a local agency or a state agency, including, but not 885
limited to, buildings, schools, levees, flood control works, 886
channels, irrigation works, city streets, county roads, bridges 887
and other public works, including those facilities used for 888
recreation purposes, that are damaged or destroyed by a disaster. 889
(g) "Project application" means the written application 890
made by a state or local agency to the director for federal and 891
state financial assistance, which shall include all damage to 892
public property that resulted from a disaster within the 893
jurisdiction of the agency making application. 894
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(h) "Project worksheet" means the appropriate federal 895
form that must be used to prepare each eligible public assistance 896
project identifying the scope of work and a quantitative estimate 897
for the eligible work. 898
(i) "Regional response team" means the local government 899
regional response teams, the state response team and the capitol 900
complex response team. 901
(j) "State agency" means any agency, department, 902
commission, board, institution or special district of the state. 903
(k) "State of emergency" means the existence of 904
conditions of disaster or extreme peril to the safety of persons 905
or property within the state declared by the Governor in 906
accordance with Section 33-15-11(b)(16). 907
(l) "Trust fund" means the Disaster Assistance Trust 908
Fund. 909
(m) "Department" means the Mississippi Department of 910
Emergency Management. 911
(n) "Executive Director" means the Director of the 912
Mississippi Department of Emergency Management. 913
SECTION 14. Section 33-15-307, Mississippi Code of 1972, is 914
amended as follows: 915
33-15-307. (1) The provisions of this article shall be 916
invoked only pursuant to a state of emergency declared by the 917
Governor or an emergency or major disaster declared by the 918
President, or pursuant to an executive order of the Governor, or 919
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administrative order of the director, in order to provide state or 920
local government resources and personnel in compliance with the 921
provisions of the Emergency Management Assistance Compact, Section 922
45-18-1 et seq., or in nondeclared times for administrative and 923
training costs associated with state disaster response and 924
recovery programs. Each declaration shall cite the cause for the 925
declaration and define the area eligible for assistance and the 926
type of assistance to be provided. 927
(2) The Disaster Assistance Trust Fund is created as a 928
special fund in the State Treasury into which shall be paid any 929
funds appropriated or otherwise made available by the Legislature 930
for disaster assistance, any funds transferred from the Working 931
Cash-Stabilization Reserve Fund as provided under subsection (5) 932
of this section, any income from investment of the funds in the 933
trust fund, and federal reimbursement for administrative costs for 934
management of the Individuals and Households Program (IHP), the 935
Public Assistance Program, the Hazard Mitigation Program and 936
Disaster Reservist Program. 937
(3) Income from investment of the funds in the trust fund, 938
and all other funds deposited therein pursuant to law, shall be 939
available for expenditure, transfer and allocation pursuant to 940
this article. 941
(4) The Disaster Assistance Trust Fund shall be used only 942
for the following purposes: 943
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(a) The state's portion of the cost share for public 944
assistance under a major disaster declaration. 945
(b) The state's cost share of the Individuals and 946
Households Program (IHP) pursuant to Section 33-15-209(1) under a 947
major disaster declared by the President. 948
(c) Administrative costs for managing the IHP. 949
(d) Administrative costs for managing the Public 950
Assistance Program. 951
(e) The State Temporary Housing Program pursuant to 952
Section 33-15-217 under a state of emergency declared by the 953
Governor. 954
(f) Out-of-pocket expenses, including travel, per diem, 955
overtime and other similar expenses, of state or local agencies 956
when so tasked by the Governor or the director for emergency 957
response under the provisions of Section 33-15-11(b)(7) and 958
current executive orders. This includes actual emergency response 959
and recovery activities, and applies to mobilization and 960
deployment of personnel from state or local agencies to another 961
state under the provisions of the Emergency Management Assistance 962
Compact. At the discretion of the director, this may include 963
reimbursement of costs to local governments for overtime and 964
backfill of deployed personnel within the state under the 965
provisions of Section 33-15-15(a) and to jurisdictions who are 966
signatories of the Statewide Mutual Aid Compact (SMAC). 967
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(g) Costs incurred as a result of state active duty for 968
the Mississippi National Guard when so tasked by the Governor to 969
provide support to other agencies and local governments in a major 970
disaster or emergency situation, or when tasked by the Governor to 971
provide support to another state under the provisions of the 972
Emergency Management Assistance Compact. 973
(h) The state's portion of the cost share for hazard 974
mitigation under a major disaster declaration. 975
(i) Administrative costs of the Hazard Mitigation 976
Program. 977
(j) Costs incurred as a result of the implementation of 978
the Disaster Reservist Program under a major disaster declaration. 979
(k) Administrative costs of the Disaster Reservist 980
Program. 981
(l) Costs incurred as a result of the implementation of 982
public assistance, and/or individual assistance, and/or Disaster 983
Reservist Program, and/or hazard mitigation, and/or temporary 984
housing under a Governor's state of emergency. 985
(m) * * * [Deleted]. 986
(n) Actual costs, including personnel call-back wages, 987
base and overtime wages, travel, per diem and other out-of-pocket 988
expenses incurred by regional response teams as a result of being 989
mobilized or deployed when so tasked by the Governor pursuant to 990
Section 33-15-11(b)(7), or by the director for emergency response 991
pursuant to Section 33-15-15(a). 992
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(o) The state's portion of the cost share for public 993
assistance under the Presidential Declaration of Major Disaster 994
for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, 995
for hurricane or other storm damage to public facilities and 996
infrastructure as a result of Hurricane Katrina, as provided in 997
Section 3 of Chapter 538, Laws of 2006. 998
(p) Costs incurred for alternative housing grants up to 999
Two Hundred Fifty Thousand Dollars ($250,000.00) per county, per 1000
event, to be administered by the Mississippi Emergency Management 1001
Agency, through the Department's Office of Administrative 1002
Services, for materials only for repairs to communities that do 1003
not qualify for Federal Emergency Management Agency Individual 1004
Assistance Grants. 1005
(q) Costs incurred by the Mississippi Emergency 1006
Management Agency, approved by the executive director, to assist 1007
municipalities and counties by allowing them to apply and receive 1008
funds for debris removal support, which funds shall be reimbursed 1009
to the Mississippi Emergency Management Agency at the date 1010
determined after the federal disaster declaration. The 1011
Mississippi Emergency Management Agency shall adopt rules and 1012
regulations necessary to administer this program. 1013
(5) Whenever the Executive Director determines that funds 1014
are immediately needed in the Disaster Assistance Trust Fund to 1015
provide for disaster assistance under this article, he shall 1016
notify the Executive Director of the Department of Finance and 1017
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Administration of his determination and shall requisition the 1018
amount of funds from the Working Cash-Stabilization Fund that are 1019
needed in the trust fund, which shall be subject to the 1020
limitations set forth below in this subsection. At the same time 1021
he makes the requisition, the Executive Director shall notify the 1022
Lieutenant Governor, the Speaker of the House of Representatives 1023
and the respective Chairmen of the Senate Appropriations 1024
Committee, the Senate Finance Committee, the House Appropriations 1025
Committee and the House Ways and Means Committee of his 1026
determination of the need for the funds and the amount that he has 1027
requisitioned. Upon receipt of such a requisition from the 1028
Executive Director, the Executive Director of the Department of 1029
Finance and Administration shall ascertain if the amount 1030
requisitioned is available in the Working Cash-Stabilization 1031
Reserve Fund and is within the limitations set forth below in this 1032
subsection and, if it is, he shall transfer that amount from the 1033
Working Cash-Stabilization Reserve Fund to the trust fund. If the 1034
amount requisitioned is more than the amount available in the 1035
Working Cash-Stabilization Fund or above the limitations set forth 1036
below in this subsection, the executive director shall transfer 1037
the amount that is available within the limitations. The maximum 1038
amount that may be transferred from the Working Cash-Stabilization 1039
Reserve Fund to the trust fund for any disaster or disasters 1040
occurrence shall be One Million Dollars ($1,000,000.00) and the 1041
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maximum amount that may be transferred during any fiscal year 1042
shall be Two Million Dollars ($2,000,000.00). 1043
(6) Unexpended state funds in the Disaster Assistance Trust 1044
Fund at the end of a fiscal year shall not lapse into the State 1045
General Fund but shall remain in the trust fund for use under this 1046
article for as long as the funds are needed for the particular 1047
purpose for which they were appropriated, deposited or transferred 1048
into the trust fund. After any state funds in the trust fund are 1049
no longer needed for the particular purpose for which they were 1050
appropriated, deposited or transferred into the trust fund, the 1051
Executive Director may use those funds for any other purpose under 1052
this article for which they currently are needed and for which 1053
other funds are not available. If there is no current need for 1054
such funds for any purpose under this article, the funds and the 1055
income earned from the investment of the funds shall be 1056
transferred back to the particular fund or funds in the State 1057
Treasury from which they were appropriated or transferred into the 1058
trust fund, upon certification of the director to the Executive 1059
Director of the Department of Finance and Administration that the 1060
funds are not currently needed; however, if such funds are derived 1061
from the proceeds of general obligation bonds issued by the state 1062
under Section 3 of Chapter 538, Laws of 2006, such excess funds 1063
and the income earned from such funds shall be utilized to pay the 1064
debt service on such bonds. 1065
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SECTION 15. Section 33-15-308, Mississippi Code of 1972, is 1066
amended as follows: 1067
33-15-308. It is the intention of the Legislature that 1068
whenever the Executive Director * * * determines that funds are 1069
immediately needed in the Disaster Assistance Trust Fund to 1070
provide for disaster assistance under this section, he shall 1071
notify the Executive Director of the Department of Finance and 1072
Administration of his determination and shall requisition the 1073
amount of funds from the Working Cash-Stabilization Reserve Fund 1074
(Fund No. 3992) * * *, and/or any other special-source funds 1075
maintained in thee State Treasury that are needed in the trust 1076
fund, which shall be subject to the limitations set forth below in 1077
this section. At the same time he makes the requisition, the 1078
Executive Director shall notify the Lieutenant Governor, the 1079
Speaker of the House of Representatives and the respective 1080
Chairmen of the Senate Appropriations Committee, the Senate 1081
Finance Committee, the House Appropriations Committee and the 1082
House Ways and Means Committee of his determination of the need 1083
for the funds and the amount that he has requisitioned. Upon 1084
receipt of such a requisition from the Executive Director, the 1085
Executive Director of the Department of Finance and Administration 1086
shall ascertain if the amount requisitioned is available in the 1087
Working Cash-Stabilization Reserve Fund (Fund No. 3992) * * * and 1088
is within the limitations set forth below in this section and, if 1089
it is, he shall transfer that amount from the Working 1090
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Cash-Stabilization Reserve Fund (Fund No. 3992) and/or * * * any 1091
other special-source funds maintained in the State Treasury to the 1092
trust fund. If the amount requisitioned is more than the amount 1093
available in the Working Cash-Stabilization Reserve Fund (Fund No. 1094
3992) and/or * * * any other special-source funds maintained in 1095
the State Treasury or above the limitations set forth below in 1096
this section, the executive director shall transfer the amount 1097
that is available within the limitations. The maximum amount that 1098
may be transferred from the Working Cash-Stabilization Reserve 1099
Fund (Fund No. 3992) and/or * * * any other special-source funds 1100
maintained in the State Treasury to the trust fund for any one (1) 1101
disaster occurrence shall be Five Hundred Thousand Dollars 1102
($500,000.00) and the maximum amount that may be transferred 1103
during any fiscal year shall be One Million Dollars 1104
($1,000,000.00). 1105
It is the intention of the Legislature, that during the 1106
subsequent legislative session, consideration shall be given to 1107
provide an appropriation equal to the amount transferred from the 1108
Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the 1109
Budget Contingency Fund (Fund No. 3177) to the Disaster Assistance 1110
Trust Fund under the provisions of this section as repayment to 1111
the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or 1112
the Budget Contingency Fund. 1113
SECTION 16. Section 33-15-309, Mississippi Code of 1972, is 1114
amended as follows: 1115
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33-15-309. (1) The executive director shall administer this 1116
article and shall have the authority to adopt reasonable rules and 1117
regulations to effectuate the purposes of this article. 1118
(2) A state agency, when requested by the director in 1119
accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and 1120
current executive orders, shall render services and perform duties 1121
within its areas of responsibility necessary to carry out the 1122
purpose of this article. 1123
(3) Each project application executed between a local agency 1124
and the executive director pursuant to subsection (4) of Section 1125
33-15-313 shall contain a provision under which the local agency 1126
agrees to hold the state harmless from damages due to the work for 1127
which funds were allocated. 1128
(4) Before the convening of the Legislature each year, the 1129
executive director shall submit a written report to the Governor 1130
and the Legislature relating to the operation of the trust fund. 1131
(5) When certified by the executive director, requests for 1132
reimbursements, advances or final payments from local or state 1133
agencies shall be presented to the Department of Finance and 1134
Administration for payment out of the trust fund. 1135
SECTION 17. Section 33-15-311, Mississippi Code of 1972, is 1136
amended as follows: 1137
33-15-311. (1) The deputy director * * * of MEMA shall 1138
present the executive director with all necessary data for the 1139
executive director to make allocations from the trust fund in such 1140
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amounts as he determines to be necessary to state agencies for 1141
out-of-pocket expenditures incurred for emergency response, 1142
preliminary damage assessments, estimates, reports and training of 1143
state agency personnel. Allocations also may be made from the 1144
trust fund for the purpose of preparing project worksheets, 1145
estimates and reports as may be necessary to enable state or local 1146
agencies to obtain federal aid for disaster assistance purposes. 1147
The executive director may make allocations to any state agency or 1148
office from the trust fund or other funds available therefor in 1149
such amounts as are necessary to administer the provisions of this 1150
article. 1151
(2) State agencies that are to receive allocations from the 1152
trust fund for carrying out the purposes of this article shall 1153
request the Department of Finance and Administration for 1154
escalations of their budgets as necessary for the expenditure of 1155
the allocated funds, in the same manner as the Department of 1156
Finance and Administration escalates budgets for federal funds 1157
under Section 27-104-21(1). 1158
SECTION 18. Section 33-15-313, Mississippi Code of 1972, is 1159
amended as follows: 1160
33-15-313. (1) Subject to the conditions specified in this 1161
section, the executive director shall allocate funds from the 1162
trust fund to meet the cost of any one or more projects. The 1163
completion of all or part of a project before application for 1164
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funds under this article shall not disqualify such project or any 1165
part thereof. 1166
(2) To be eligible for state and/or federal funding, the 1167
governing body of the local agency must declare a local emergency 1168
and forward such declaration to the Governor. 1169
(3) A state or local agency shall make application to the 1170
executive director for state and/or federal financial assistance 1171
within thirty (30) days after the date of the declaration of a 1172
major disaster or emergency declared by the President or a state 1173
of emergency declared by the Governor; however, the executive 1174
director may extend the time for such filing, but only under 1175
unusual circumstances. No financial aid shall be provided until 1176
an applicant has filed a Notice of Interest and a Request for 1177
Federal Assistance and a state and/or federal team has first 1178
investigated and reported upon the proposed work, has estimated 1179
the cost of the work, and has filed a project worksheet thereon 1180
with the Governor's authorized representative and a project 1181
application has been prepared. The estimate of cost of the work 1182
may include expenditures made by the state or local agency for 1183
such work before the making of such estimate. "Unusual 1184
circumstances," as used in this subsection, means unavoidable 1185
delays that result from recurrence of a disaster, prolonged severe 1186
weather or other conditions beyond the control of the applicant. 1187
Delays resulting from administrative procedures are not unusual 1188
circumstances that warrant extensions of time. 1189
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(4) No funds shall be allocated from the trust fund to a 1190
state or local agency until the agency has indicated in writing 1191
its acceptance of the project application and the cost-sharing 1192
related thereto in such form as the director prescribes. The 1193
project application shall provide for the performance of the work 1194
by the state or local agency, shall provide for the methods of 1195
handling the funds allocated and the matching funds provided by 1196
the local agency, and shall contain such other provisions as are 1197
deemed necessary to ensure completion of the work included in the 1198
project application and the proper expenditures of funds as 1199
provided herein. 1200
SECTION 19. Section 33-15-317, Mississippi Code of 1972, is 1201
amended as follows: 1202
33-15-317. (1) Under procedures prescribed by the executive 1203
director, a state or local agency may receive an advance of funds 1204
to initiate a project. Such advances shall be limited to not more 1205
than seventy-five percent (75%) of the estimated federal share of 1206
the project under the President's state of emergency, or fifty 1207
percent (50%) of the estimated share of the project under the 1208
Governor's state of emergency. 1209
(2) Disaster assistance funds provided from federal sources 1210
under the provisions of Public Law 93-288 as amended by Public Law 1211
100-707 and Public Law 106-390 shall be deposited in the trust 1212
fund, and the executive director shall make advances or 1213
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reimbursement therefrom for expenditures for eligible work or for 1214
payment for performance. 1215
(3) State and federal contributions for the repair and 1216
restoration of facilities shall be reduced by an amount equal to 1217
the insurance settlement received or an amount equal to the amount 1218
the local agency would have recovered from an insurance settlement 1219
if necessary, adequate and reasonably available insurance had been 1220
maintained. 1221
SECTION 20. Section 33-15-401, Mississippi Code of 1972, is 1222
amended as follows: 1223
33-15-401. The Legislature finds and declares the following: 1224
When a major natural disaster such as Hurricane Katrina occurs in 1225
Mississippi, there are various types of assistance that are 1226
available to individuals and public entities through the federal 1227
and state governments to help them recover from the disaster. The 1228
majority of that assistance comes from the federal government, and 1229
most of the federal assistance is provided through the Federal 1230
Emergency Management Agency (FEMA). At the state level, most of 1231
the assistance is provided through the Mississippi Emergency 1232
Management Agency (MEMA) or the Mississippi Department of 1233
Emergency Management (MDEM). However, there are also programs in 1234
other federal and state agencies that provide assistance and 1235
benefits to disaster victims, as well as disaster assistance 1236
programs run by public and private entities and disaster-related 1237
in-kind donations made by private entities and individuals. 1238
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Because these other disaster assistance programs and in-kind 1239
donations are spread out among a number of agencies and entities, 1240
disaster victims sometimes are not aware of the existence of these 1241
programs and in-kind donations other than those provided through 1242
FEMA and MEMA or MDEM. After a disaster has occurred, it would be 1243
very beneficial for the victims of the disaster to have a single 1244
entity in the state, one point of contact, where individuals and 1245
public entities would be able to obtain information about those 1246
other disaster assistance programs and disaster-related in-kind 1247
donations, obtain all of the forms and materials necessary in 1248
order to receive the benefits of those programs and in-kind 1249
donations, and receive assistance in completing and filing the 1250
applications for those programs and in-kind donations. 1251
SECTION 21. Section 33-15-403, Mississippi Code of 1972, is 1252
amended as follows: 1253
33-15-403. There is established within the * * * Mississippi 1254
Department of Emergency Management (MDEM) a separate and distinct 1255
office to be known as the Office of Disaster Assistance 1256
Coordination. The office shall be the primary entity responsible 1257
for coordinating information regarding disaster assistance 1258
provided by federal agencies other than the Federal Emergency 1259
Management Agency (FEMA), by state agencies other than the 1260
Mississippi Emergency Management Agency (MEMA), and by other 1261
public and private entities that provide various types of 1262
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assistance and benefits to victims of major natural disasters. 1263
The duties and responsibilities of the office shall be as follows: 1264
(a) To serve as a single point of contact where 1265
individuals and public entities that are victims of major 1266
disasters may obtain information about all federal and state 1267
programs that provide assistance and benefits to disaster victims 1268
other than those provided by FEMA or MEMA, as well as information 1269
about the availability of disaster-related in-kind donations by 1270
private entities and individuals; 1271
(b) To provide victims of major disasters with all of 1272
the forms and materials necessary in order to receive the benefits 1273
of those disaster assistance programs and disaster-related in-kind 1274
donations, and provide them with assistance in completing and 1275
filing the applications for those programs and in-kind donations; 1276
(c) To coordinate and cooperate with FEMA, MEMA, other 1277
federal and state agencies and other public and private entities 1278
in providing and sharing information, forms and materials related 1279
to disaster assistance programs and disaster-related in-kind 1280
donations; 1281
(d) To work with MEMA in coordinating information, 1282
revenues, programs and assistance made available in Mississippi by 1283
FEMA, whether directly through FEMA or through MEMA; and 1284
(e) To perform such other duties relating to disaster 1285
assistance information as may be prescribed by the * * * executive 1286
director of MDEM. 1287
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SECTION 22. Section 19-5-385, Mississippi Code of 1972, is 1288
amended as follows: 1289
19-5-385. There is established the Mississippi Emergency 1290
Communications Authority as an instrumentality of the state. The 1291
authority and service providers shall work in cooperation with 1292
state and local governments to create a technical and operational 1293
framework for implementing and operating an interoperable and 1294
interconnected NG911 public safety network. The authority may 1295
contract and be contracted with and defend and bring actions, 1296
including, but not limited to, invoking a private right of action 1297
to enforce this act. The authority shall exist within the 1298
Mississippi * * * Department of Emergency Management (MDEM) for 1299
all operational purposes. The Executive Director of * * * MDEM 1300
shall be the ultimate authority and administrative head of the 1301
Mississippi Emergency Communications Authority. The Executive 1302
Director of MEMA shall select a director to manage the authority. 1303
Such director shall be responsible for ensuring that the authority 1304
remains compliant with applicable state and federal programs and 1305
law. All employees of the authority, including the appointed 1306
director, shall serve at the will and pleasure of the Executive 1307
Director of * * * MDEM. 1308
SECTION 23. Section 19-5-383, Mississippi Code of 1972, is 1309
amended as follows: 1310
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19-5-383. As used in Sections 19-5-381 through 19-5-415, the 1311
following terms shall have the following meanings, unless the 1312
context clearly indicates otherwise: 1313
(a) "Authority" means the Mississippi Emergency 1314
Communications Authority. The authority is a subdivision of the 1315
Department of Emergency Management for all purposes and reports 1316
directly to the * * * MDEM Executive Director. The director of 1317
the authority shall be the Emergency Management Communications 1318
Coordinator of the Office of the Mississippi Emergency Management 1319
Agency (MEMA). 1320
(b) "Advisory board" or "board" means the Mississippi 1321
Emergency Communication Authority (MECA) Advisory Board as 1322
appointed in Section 19-5-387. 1323
(c) "ECD" means an emergency communications district 1324
created pursuant to Section 19-5-301 et seq., or by a local and 1325
private act of the State of Mississippi. 1326
(d) "Public safety answering point" or "PSAP" means an 1327
entity responsible for receiving 911 calls and processing those 1328
calls according to a specific operational policy. 1329
(e) "Commercial mobile radio service provider" or "CMRS 1330
provider" has the same meaning as defined in 47 CFR 9.3. 1331
(f) "NG911" means Next Generation 911: a secure, 1332
internet protocol (IP)-based, open-standards system comprised of 1333
hardware, software, data and operational policies and procedures. 1334
NG911 is designed to provide access to emergency services from all 1335
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connected communications sources and to provide multimedia data 1336
capabilities for Public Safety Answering Points (PSAPs) and other 1337
emergency service organizations. NG911: 1338
(i) Provides standardized interfaces from 1339
emergency call and message services to support emergency 1340
communications; 1341
(ii) Processes all types of emergency calls, 1342
including voice, text, data and multimedia information; 1343
(iii) Acquires and integrates additional emergency 1344
call data useful to call routing and handling; 1345
(iv) Delivers the emergency calls, messages, and 1346
data to the appropriate Public Safety Answering Point (PSAP) and 1347
other appropriate emergency entities based on the location of the 1348
caller; 1349
(v) Supports data, video and other communications 1350
needs for coordinated incident response and management; and 1351
(vi) Interoperates with services and networks used 1352
by first responders (and other 911 systems) to facilitate 1353
emergency response. 1354
(g) "Emergency Communications Public Safety Trust Fund" 1355
means the funds remitted to the Department of Revenue and 1356
deposited into the Emergency Communications Service Charge Fund 1357
that through contract or memorandum of understanding with the 1358
Mississippi Emergency Communication Authority are transmitted to 1359
ECDs. 1360
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(h) "Emergency communications service charge" means the 1361
emergency communications service charge levied, maintained and 1362
collected according to Sections 19-5-381 through 19-5-415. 1363
(i) "Distribution formula" means the formula created in 1364
Section 19-5-385 by which monies generated from the emergency 1365
communications service charge are distributed to local ECDs and to 1366
the authority. 1367
(j) "Exchange access facility" means all lines provided 1368
by the service supplier for the provision of local exchange 1369
service as defined in existing general subscriber services 1370
tariffs. 1371
(k) "Place of primary use" means the street address 1372
where the consumer's use of communications services primarily 1373
occurs, which must be either the residential street address or the 1374
primary business street address of the consumer. When location of 1375
primary use is impractical to determine, the physical address for 1376
billing may be used. 1377
(l) "Service supplier" means any person providing 1378
exchange telephone service to any service user throughout a 1379
county. 1380
(m) "Consumer" means a person who purchases retail 1381
communications service or prepaid wireless telecommunications 1382
service in a retail transaction. 1383
(n) "Prepaid wireless emergency communications services 1384
charge" means the charge that is required to be collected by a 1385
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seller from a consumer in the amount established under Section 1386
19-5-385. 1387
(o) "Prepaid wireless communications service" means a 1388
wireless communications service that allows a caller to access a 1389
PSAP through a placed call or wireless data connection. Such 1390
service must be paid for in advance and is sold in predetermined 1391
units or dollars of which the number declines with use in a known 1392
amount. 1393
(p) "Service provider" means an entity which provides a 1394
service that allows the two-way transmission, conveyance or 1395
routing of voice, data, audio, video or any information of 1396
signals, including cable and internet protocol services, to a 1397
point or between or among points by or through any electronic, 1398
radio, satellite, cable, optical, microwave or other medium or 1399
method in existence on or after the effective date of this 1400
definition, regardless of protocol used for the transmission or 1401
conveyance. This definition applies only if that service is 1402
capable of contacting a PSAP by entering or dialing the digits 911 1403
and is subject to applicable federal or state requirements to 1404
provide the 911 dialing capability. The term does not include 1405
wireless and internet-protocol-enabled services that are exempt 1406
from Federal Communications Commission regulations for 911 1407
communications service, 911 service and NG911 service. 1408
(q) "Seller" means a person who sells prepaid wireless 1409
telecommunications service to another person. 1410
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(r) "Retail transaction" means the purchase of prepaid 1411
wireless telecommunications service from a seller for any purpose 1412
other than resale. A retail transaction that is effected in 1413
person by a consumer at a business location of the seller shall be 1414
treated as occurring in this state if that business location is in 1415
this state, and any other retail transaction shall be treated as 1416
occurring in this state if the retail transaction is treated as 1417
occurring in this state for purposes of Section 1418
27-65-19(1)(d)(v)3.c. 1419
(s) "Internet protocol" or "IP" means the method by 1420
which data is sent from one computer to another on the internet or 1421
other networks. 1422
(t) "Emergency Services IP Network" or "ESInet" means a 1423
managed IP network that is used for emergency services 1424
communications and can be shared by all public safety agencies. 1425
ESInet provides the IP transport infrastructure upon which 1426
independent application platforms and core services can be 1427
deployed, including, but not restricted to, those necessary for 1428
providing NG911 services. ESInets may be constructed from a mix 1429
of dedicated and shared facilities. ESInets may be interconnected 1430
at local, regional, state, federal, national and international 1431
levels to form an IP-based internetwork, or a network of networks. 1432
ESInet is the designation for the network but not for services 1433
provided by the network. 1434
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(u) "Geographic information system" or "GIS" means a 1435
system for capturing, storing, displaying, analyzing and managing 1436
data and associated attributes which are spatially referenced. 1437
(v) "State NG911 Plan" means a comprehensive strategy 1438
developed by the state to transition from 911 to Next Generation 1439
911 technology. 1440
(w) "NG911 CMRS Grant Fund" means the fund established 1441
in Section 19-5-393. 1442
(x) "ECD NG911 implementation fund" means a fund 1443
established in each individual ECD for the purpose of NG911 1444
implementation. 1445
(y) "Operations fund" means a fund established to cover 1446
operational expenses for the ECD for capital improvements, normal 1447
operations, and provision of PSAP services. 1448
(z) "State NG911 Fund" means a fund specifically used 1449
to implement, deploy, maintain and upgrade as necessary a 1450
statewide NG911 Services Network, activities and/or infrastructure 1451
and other duties of the Mississippi Emergency Communications 1452
Authority as set forth in Sections 19-5-381 through 19-5-415 and 1453
consistent with the State NG911 Plan. 1454
(aa) "Location" means a single physical address. 1455
(bb) "Department" means the Mississippi Department of 1456
Revenue. 1457
SECTION 24. Section 19-5-387, Mississippi Code of 1972, is 1458
amended as follows: 1459
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19-5-387. (1) Management of the authority shall be vested 1460
in the director, with an advisory board to offer technical 1461
guidance and recommendations, which shall consist of the following 1462
members: 1463
(a) The Commissioner of Public Safety, or his or her 1464
designee; 1465
(b) One (1) member appointed by the Governor selected 1466
from two (2) nominees submitted by the GIS Coordinating Council; 1467
(c) One (1) member appointed by the Governor selected 1468
from two (2) nominees submitted by the Mississippi 911 1469
Coordinators Association; 1470
(d) One (1) member appointed by the Governor selected 1471
from two (2) nominees submitted by the Mississippi Chapter of the 1472
Association of Public Safety Communications Officials; 1473
(e) One (1) member appointed by the Governor selected 1474
from two (2) nominees submitted by the Mississippi Chapter of the 1475
National Emergency Number Association; 1476
(f) One (1) member appointed by the Lieutenant 1477
Governor, selected from two (2) nominees submitted by the 1478
Mississippi Association of Supervisors, who shall be an elected 1479
member of a county board of supervisors; 1480
(g) One (1) member appointed by the Lieutenant 1481
Governor, selected from two (2) nominees submitted by the 1482
Mississippi Association of Supervisors, who is one of either a 1483
county manager, county administrator or finance officer from a 1484
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county that operates or contracts for the operation of a public 1485
safety answering point; 1486
(h) One (1) member appointed by the Governor, selected 1487
from two (2) nominees submitted by Mississippi Emergency Medical 1488
Services; 1489
(i) One (1) member appointed by the Lieutenant 1490
Governor, selected from two (2) nominees submitted by the 1491
Mississippi Municipal League, who is an elected member of a 1492
municipal governing authority, city manager, city administrator, 1493
or finance officer from a municipality that operates or contracts 1494
for the operation of a public safety answering point; 1495
(j) One (1) member appointed by the Governor who shall 1496
be from the telecommunications industry; 1497
(k) One (1) member appointed by the Lieutenant 1498
Governor, selected from two (2) nominees submitted by the 1499
Mississippi Sheriffs' Association, who is a sheriff responsible 1500
for managing a public safety answering point; 1501
(l) One (1) police chief appointed by the Governor, 1502
selected from two (2) nominees submitted by the Mississippi 1503
Association of Chiefs of Police, who is serving a local 1504
government; and 1505
(m) One (1) fire chief appointed by the Lieutenant 1506
Governor, selected from two (2) nominees submitted by the 1507
Mississippi Fire Chiefs Association, who is serving a local 1508
government. 1509
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(2) The initial term for appointments made pursuant to 1510
paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1) of 1511
this section shall be from July 1, 2025, until June 30, 2028. 1512
These initial appointments shall be made by July 1, 2025. The 1513
initial term for appointments made pursuant to paragraphs (h), 1514
(i), (j), (k), (l) and (m) of subsection (1) of this section shall 1515
be from July 1, 2025, until June 30, 2027. All subsequent terms 1516
shall be for three (3) years. Any vacancies that occur prior to 1517
the end of a term shall be filled by appointment in the same 1518
manner as the original appointment and shall be for the remainder 1519
of the unexpired term. Any vacancy occurring on the board, 1520
whether for an expired or unexpired term, shall be filled by 1521
appointment as soon as practicable after the vacancy occurs. Upon 1522
expiration of his or her term of office, a board member shall 1523
continue to serve until his or her successor has been duly 1524
appointed and qualified. Members may be appointed to successive 1525
terms. Appointments made at times when the Senate is not in 1526
session shall be effective immediately ad interim, and appointees 1527
shall serve until the Senate acts on the appointment as provided 1528
herein. Any appointments made while the Senate is not in session 1529
shall be submitted to the Senate not later than the third 1530
legislative day following the reconvening of the Legislature. In 1531
the event the Senate fails or refuses to act on the appointment, 1532
the person whose name was submitted shall continue to serve until 1533
action is taken on the appointment by the Senate. 1534
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(3) The board may appoint additional ex officio nonvoting 1535
members to serve in an advisory role to the board. Such advisers 1536
shall not be counted in ascertaining if a quorum is present. Such 1537
members shall include, but shall not be limited to: 1538
(a) Two (2) representatives of * * * MDEM: 1539
(i) One (1) shall be employed by * * * MDEM in a 1540
legal capacity; and 1541
(ii) One (1) shall be employed by * * * MDEM in an 1542
accounting capacity; 1543
(b) The Chairman of the Senate Technology Committee, or 1544
his or her designee; 1545
(c) The Chairman of the House of Representatives 1546
Technology Committee, or his or her designee; 1547
(d) The Chairman of the Senate Appropriations 1548
Committee, or his or her designee; and 1549
(e) The Chairman of a House of Representative 1550
Appropriations Committee, or his or her designee, to be chosen by 1551
the Speaker of the House. 1552
(4) Members of the advisory board shall receive no 1553
compensation for their services, but the authority may reimburse 1554
members from funds of the authority as provided by state law for 1555
travel associated with their service. Such amount shall not 1556
exceed the reimbursement authorized for state officers and 1557
employees in Section 25-3-41. 1558
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(5) Seven (7) members of the advisory board shall constitute 1559
a quorum, and the affirmative votes of a majority of a quorum 1560
shall be required for any action to be taken by the board. 1561
(6) The director of the authority shall convene the initial 1562
meeting of the board no later than August 1, 2025, at which time 1563
the board shall elect one (1) of its members as chairperson. In 1564
addition, the board shall elect a vice chairperson, a secretary 1565
and a treasurer from among its membership. 1566
(7) The advisory board shall promulgate bylaws and may adopt 1567
other procedures for governing its affairs and for discharging its 1568
duties as permitted or required by law, as well as applicable 1569
rules and regulations, provided that the director has ultimate 1570
authority for approving, denying or modifying such bylaws and 1571
procedures. 1572
SECTION 25. Section 19-5-393, Mississippi Code of 1972, is 1573
amended as follows: 1574
19-5-393. (1) There is created in the State Treasury a 1575
special fund to be designated as the "NG911 CMRS Grant Fund." The 1576
fund shall be maintained by the State Treasurer as a separate and 1577
special fund, separate and apart from the General Fund of the 1578
state. Subject to appropriation by the Legislature, monies in the 1579
fund shall be disbursed by the Mississippi * * * Department of 1580
Emergency Management's Office of Administrative Services only for 1581
capital improvements, equipment, software and other expenses 1582
directly attributed to the implementation of approved ECD NG911 1583
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ST: MS Department Emergency Management; create.
plans, as well as for related purposes approved by the authority. 1584
Unexpended amounts remaining in the fund at the end of a fiscal 1585
year shall not lapse into the State General Fund, and any interest 1586
earned or investment earnings on amounts in the fund shall be 1587
deposited into such fund. 1588
(2) Upon July 1, 2025, the existing CMRS board shall remit 1589
to the NG911 CMRS Grant Fund all revenues accrued from the 1590
existing accounts payable fund as established in Section 19-5-333. 1591
SECTION 26. This act shall take effect and be in force from 1592
and after July 1, 2026, and shall stand repealed on June 30, 2026. 1593