Statewide Information Technology Optimization Program; create for coordinated efforts across agencies.

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To: Technology;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Ford (73rd), Zuber

HOUSE BILL NO. 1724

AN ACT TO CREATE THE STATEWIDE INFORMATION TECHNOLOGY 1
OPTIMIZATION PROGRAM TO PROVIDE FOR THE COORDINATED PLANNING, 2
DEVELOPMENT, IMPLEMENTATION AND OVERSIGHT OF ENTERPRISE 3
INFORMATION TECHNOLOGY ARCHITECTURE FOR ALL STATE AGENCIES; TO 4
AUTHORIZE THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY 5
SERVICES WITH CERTAIN POWERS AND DUTIES TO IMPLEMENT THE PROGRAM; 6
TO REQUIRE AGENCIES TO COMPLY WITH THE PHASED IMPLEMENTATION OF 7
THE PROGRAM; TO CREATE THE IT OPTIMIZATION FUND IN THE STATE 8
TREASURY FOR FUNDS MADE AVAILABLE FOR THE PURPOSES OF THE PROGRAM; 9
TO AMEND SECTIONS 25-41-17 AND 25-61-11.2, MISSISSIPPI CODE OF 10
1972, TO PROVIDE THAT RECORDS CREATED AND MEETINGS OCCURRING 11
PURSUANT TO THE PROVISIONS OF THIS ACT THAT CONTAIN SENSITIVE 12
INFORMATION ARE NOT SUBJECT TO THE OPEN MEETINGS AND PUBLIC 13
RECORDS REQUIREMENTS OF THIS STATE; TO BRING FORWARD SECTION 14
25-53-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE 15
AMENDMENT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. The Statewide Information Technology Optimization 18
Program is created and shall provide for the coordinated planning, 19
development, implementation and oversight of enterprise 20
information technology architecture for all state agencies for all 21
information technology as defined under Section 25-53-3 and 22
governed by Chapter 53, Title 25, Mississippi Code of 1972. The 23
program shall establish statewide information technology 24
architecture standards, ensure alignment of agency technology 25
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plans with statewide enterprise objectives, support efficient and 26
secure information technology investments, increase shared 27
information technology, and reduce unnecessary duplication of 28
systems, services and resources across state government. 29
SECTION 2. For purposes of this act, the following terms 30
have the meanings as defined in this section, unless the context 31
clearly indicates otherwise: 32
(a) "Information technology enterprise application 33
portfolio" means the statewide inventory and analysis of 34
information technology systems and applications operated by state 35
agencies. 36
(b) "Information technology enterprise architecture" 37
means the framework used to manage and align the business 38
processes, information systems, data and other technology 39
infrastructure of state government with statewide information 40
technology strategic goals. 41
(c) "Information technology enterprise architecture 42
review" means the review conducted by ITS under paragraph (e) of 43
Section 3 of this act to determine whether proposed agency 44
information technology investments comply with statewide 45
information technology enterprise architecture standards. 46
(d) All other terms have the meaning as provided in 47
Section 25-53-3. 48
(e) Any use of the term "architecture" in this act 49
applies only to information technology and does not mean the 50
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practice of architecture as provided in Chapter 1, Title 73, 51
Mississippi Code of 1972. 52
SECTION 3. The Mississippi Department of Information 53
Technology Services (ITS), in collaboration with all state 54
agencies, shall provide centralized management and coordination of 55
the statewide information technology enterprise architecture, as 56
defined solely by ITS. ITS is authorized to exercise all powers 57
necessary to effectuate the purposes of this act and the program, 58
including, but not limited to, the following powers and duties: 59
(a) Serve as the sole authority for defining the 60
statewide information technology enterprise architecture, 61
including the enterprise business architecture, data and 62
information architecture, application architecture, technology and 63
infrastructure architecture, cloud architecture and security 64
architecture; 65
(b) Develop, maintain and publish statewide enterprise 66
information technology architecture standards, policies, 67
principles and guidelines to be implemented by all state agencies 68
to the extent that they apply; 69
(c) Develop and maintain a statewide enterprise 70
information technology application portfolio, including 71
application inventory, lifecycle status, technical dependencies, 72
costs, security requirements and integration mappings for all 73
systems operated by state agencies; 74
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(d) In addition to technology plans, review and 75
evaluate agency information technology strategies and road maps to 76
ensure they align with statewide enterprise information technology 77
architecture standards and statewide strategic technology goals 78
and objectives; 79
(e) Conduct an Information Technology Enterprise 80
Architecture Review in accordance with ITS published policies, 81
rules or regulations of proposed agency information technology 82
acquisitions, projects, systems or services prior to procurement 83
or implementation to ensure compliance with statewide standards, 84
avoid duplication, promote interoperability and ensure alignment 85
with the Strategic Master Plan for information technology; 86
(f) Identify and recommend to the board of ITS 87
opportunities for enterprise information technology services, 88
system consolidation, shared platform adoption, cloud 89
modernization and reduction of redundant or obsolete systems; 90
(g) Collaborate with the Office of the Chief 91
Information Security Officer to ensure that all information 92
technology enterprise architecture standards incorporate statewide 93
cybersecurity requirements; 94
(h) Ensure, as applicable, that information technology 95
enterprise architecture requirements and standards are 96
incorporated as minimum requirements in all solicitations for the 97
procurement of data, information technology systems, software, 98
telecommunications, cloud services and related services; 99
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(i) Provide guidance and technical assistance to 100
agencies for planning and implementing technology solutions that 101
comply with enterprise architecture requirements, as appropriate; 102
(j) Prepare and submit periodic reports on information 103
technology enterprise architecture compliance, statewide 104
technology alignment and modernization opportunities to the board 105
of ITS, the Chief Information Officer (CIO) Council and the 106
committee chairs of the House and Senate Technology Committees; 107
and 108
(k) Promulgate policies, rules and regulations 109
necessary to effectuate the purposes of this act. 110
SECTION 4. Each state agency's executive director or agency 111
head shall: 112
(a) Align, as applicable, the agency's technology 113
plans, investments and systems with the statewide information 114
technology enterprise architecture standards established by ITS; 115
(b) Participate, to the fullest extent feasible, in the 116
Statewide Information Technology Optimization Program and use 117
enterprise services and shared platforms in lieu of standalone or 118
duplicative systems specific to the agency; 119
(c) Submit all proposed information technology 120
projects, acquisitions or system changes to ITS for review before 121
any solicitation, procurement, contract amendment or 122
implementation, as determined by ITS; 123
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(d) Provide timely, complete and accurate information 124
for inclusion in the statewide information technology enterprise 125
application portfolio; 126
(e) Develop or adopt, implement and maintain internal 127
agency information technology architecture guidelines that support 128
the statewide enterprise architecture standards; and 129
(f) Ensure that all solicitations, contracts, 130
amendments and technology initiatives undertaken by the agency 131
incorporate and comply with statewide information technology 132
enterprise architecture requirements. 133
The provisions of this act shall be implemented in phases 134
according to timelines established by ITS, and all state agencies 135
must comply with the requirements of this act in accordance with 136
the timelines established by ITS. 137
SECTION 5. (1) The Statewide Information Technology 138
Optimization Program shall be managed by ITS and externally 139
supported by the CIO Council. The CIO Council shall provide 140
guidance on statewide enterprise architecture standards, identify 141
shared opportunities, support interagency collaboration and 142
provide recommendations on information technology enterprise 143
architecture compliance and exceptions. The board of ITS shall 144
provide statutory oversight of statewide information technology 145
policies, standards, planning and procurements. 146
(2) The following entities may use any information 147
technology acquisition made on behalf of or by ITS for purposes of 148
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shared use in accordance with ITS rules and procedures: state 149
agencies, public and private institutions of higher learning, 150
local political subdivisions of the state, including governing 151
authorities, and junior and community colleges. 152
SECTION 6. ITS is authorized to develop and implement an 153
internship, fellowship, or other related programs for the purposes 154
of strengthening a network of professionals committed to ITS' 155
mission as provided in Miss. Code Ann. Section 25-53-1 et seq., 156
and by fostering innovation and supporting research and practice 157
in the field of information technology in Mississippi state 158
government. 159
SECTION 7. (1) There is created in the State Treasury a 160
special fund to be known as the IT Optimization Fund, and monies 161
designated to the fund shall be used for the for the purposes of 162
the Statewide Information Technology Optimization Program. 163
Unexpended amounts remaining in the special fund at the end of a 164
fiscal year shall not lapse into the State General Fund, and any 165
interest earned on amounts in the special fund shall be deposited 166
to the credit of the special fund. ITS may receive donations, 167
grants and other funding from any public or private source made 168
available to support its mission, and any funds donated or 169
received for this purpose shall be deposited in the IT 170
Optimization Fund. 171
(2) All funds designated by agencies for procurement of 172
information technology provided by ITS to its customers for shared 173
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use shall be paid into Mississippi Department of Information 174
Technology Services Revolving Fund, which shall be used by ITS for 175
payment to vendors for hardware, software or services acquired. 176
Payments due from such agency be paid, transferred or allocated 177
into the revolving fund pursuant to a schedule established by ITS. 178
In the event such sums are not paid by the defined payment period 179
and upon notification by ITS, the Executive Director of the 180
Department of Finance and Administration shall issue a requisition 181
for a warrant to draw such amount as may be due from any funds 182
appropriated for the use of the agency that has failed to make the 183
payment as agreed. 184
SECTION 8. Section 25-41-17, Mississippi Code of 1972, is 185
amended as follows: 186
25-41-17. (1) The provisions of this chapter shall not 187
apply to chance meetings or social gatherings of members of a 188
public body. 189
(2) The provisions of this chapter shall not apply to 190
meetings that occur pursuant to Sections 1 through 7 of this act 191
that contain sensitive information related to security, 192
infrastructure or statewide information technology architecture. 193
SECTION 9. Section 25-61-11.2, Mississippi Code of 1972, is 194
amended as follows: 195
25-61-11.2. The following information technology (IT) 196
records shall be exempt from the Mississippi Public Records Act of 197
1983: 198
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(a) IT infrastructure details, including network 199
architecture, schematics, and IT system designs; 200
(b) Source code; 201
(c) Detailed hardware and software inventories; 202
(d) Security plans; 203
(e) Vulnerability reports; 204
(f) Security risk assessment details; 205
(g) Security compliance reports; 206
(h) Authentication credentials; 207
(i) Security policies and processes; 208
(j) Security incident reports; * * * 209
(k) Any audit, assessment, compliance report, work 210
papers or any combination of these that if disclosed could allow 211
unauthorized access to the state's IT assets * * *; and 212
(l) Records and documentation generated pursuant to 213
Sections 1 through 7 of this act that contain sensitive 214
information related to security, infrastructure or statewide 215
information technology architecture. 216
SECTION 10. Section 25-53-5, Mississippi Code of 1972, is 217
brought forward as follows: 218
25-53-5. The authority shall have the following powers, 219
duties, and responsibilities: 220
(a) The authority shall provide for the development of 221
plans for the efficient acquisition and utilization of information 222
technology by all agencies of state government, and provide for 223
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their implementation. In so doing, the authority may use the ITS' 224
staff, at the discretion of the executive director of the 225
authority, or the authority may contract for the services of 226
qualified consulting firms in the field of information technology 227
and utilize the service of such consultants as may be necessary 228
for such purposes. 229
(b) The authority shall immediately institute 230
procedures for carrying out the purposes of this chapter and 231
supervise the efficient execution of the powers and duties of the 232
executive director of the ITS. In the execution of its functions 233
under this chapter, the authority shall maintain as a paramount 234
consideration the successful internal organization and operation 235
of the several agencies so that efficiency existing therein shall 236
not be adversely affected or impaired. In executing its functions 237
in relation to the institutions of higher learning and junior 238
colleges in the state, the authority shall take into consideration 239
the special needs of such institutions in relation to the fields 240
of teaching and scientific research. 241
(c) The authority shall adopt rules, regulations, and 242
procedures governing the acquisition of information technology 243
which shall, to the fullest extent practicable, ensure the maximum 244
of competition between all manufacturers of supplies or equipment 245
or services. In the writing of specifications, in the making of 246
contracts relating to the acquisition of such information 247
technology, and in the performance of its other duties the 248
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authority shall provide for the maximum compatibility of all 249
information systems hereafter installed or utilized by all state 250
agencies and may require the use of common computer languages 251
where necessary to accomplish the purposes of this chapter. The 252
authority may establish by regulation and charge reasonable fees 253
on a nondiscriminatory basis for the furnishing to bidders of 254
copies of bid specifications and other documents issued by the 255
authority. 256
(d) The authority shall adopt rules and regulations 257
governing the sharing with, or the sale or lease of information 258
technology services to any nonstate agency or person. Such 259
regulations shall provide that any such sharing, sale or lease 260
shall be restricted in that same shall be accomplished only where 261
such services are not readily available otherwise within the 262
state, and then only at a charge to the user not less than the 263
prevailing rate of charge for similar services by private 264
enterprise within this state. 265
(e) The authority may, in its discretion, establish a 266
special technical advisory committee or committees to study and 267
make recommendations on matters within the competence of the 268
authority as the authority may see fit. Persons serving on any 269
such committees shall be entitled to receive their actual and 270
necessary expenses actually incurred in the performance of such 271
duties, together with mileage as provided by law for state 272
employees, provided the same has been authorized by a resolution 273
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duly adopted by the authority and entered on its minutes prior to 274
the performance of such duties. For the purposes of this 275
paragraph, such committee meetings are exempt from the 276
requirements of Sections 25-41-1 through 25-41-17. 277
(f) The authority may provide for the development and 278
require the adoption of standardized computer programs and may 279
provide for the dissemination of information to and the 280
establishment of training programs for the personnel of the 281
various information technology centers of state agencies and 282
personnel of the agencies utilizing the services thereof. 283
(g) The authority shall adopt reasonable rules and 284
regulations requiring the reporting to the authority through the 285
office of executive director of such information as may be 286
required for carrying out the purposes of this chapter and may 287
also establish such reasonable procedures to be followed in the 288
presentation of bills for payment under the terms of all contracts 289
for the acquisition of information technology now or hereafter in 290
force as may be required by the authority or by the executive 291
director in the execution of their powers and duties. 292
(h) The authority shall require such adequate 293
documentation of information technology procedures utilized by the 294
various state agencies and may require the establishment of such 295
organizational structures within state agencies relating to 296
information technology operations as may be necessary to 297
effectuate the purposes of this chapter. 298
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(i) The authority may adopt such further reasonable 299
rules and regulations as may be necessary to fully implement the 300
purposes of this chapter. All rules and regulations adopted by 301
the authority shall be published in readily accessible form to all 302
affected state agencies, and to all current suppliers of computer 303
equipment and services to the state, and to all prospective 304
suppliers requesting the same. Such rules and regulations shall 305
be kept current, be periodically revised, and copies thereof shall 306
be available at all times for inspection by the public at 307
reasonable hours in the offices of the authority. Whenever 308
possible no rule, regulation or any proposed amendment to such 309
rules and regulations shall be finally adopted or enforced until 310
copies of the proposed rules and regulations have been published. 311
(j) The authority shall establish rules and regulations 312
which shall provide for the submission of all contracts proposed 313
to be executed by the executive director for information 314
technology, including cloud computing, to the authority for 315
approval before final execution, and the authority may provide 316
that such contracts involving the expenditure of less than such 317
specified amount as may be established by the authority may be 318
finally executed by the executive director without first obtaining 319
such approval by the authority. 320
(k) The authority is authorized to consider new 321
technologies, such as cloud computing, to purchase, lease, or rent 322
information technology and to operate that information technology 323
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when in its opinion such operation will provide maximum efficiency 324
and economy in the functions of any such agency or agencies. 325
(l) Upon the request of the governing body of a 326
political subdivision or instrumentality, the authority shall 327
assist the political subdivision or instrumentality in its 328
development of plans for the efficient acquisition and utilization 329
of information technology. An appropriate fee shall be charged 330
the political subdivision by the authority for such assistance. 331
(m) The authority shall adopt rules and regulations 332
governing the protest procedures to be followed by any actual or 333
prospective bidder, offerer or contractor who is aggrieved in 334
connection with the solicitation or award of a contract for the 335
acquisition of information technology. Such rules and regulations 336
shall prescribe the manner, time and procedure for making protests 337
and may provide that a protest not timely filed shall be summarily 338
denied. The authority may require the protesting party, at the 339
time of filing the protest, to post a bond, payable to the state, 340
in an amount that the authority determines sufficient to cover any 341
expense or loss incurred by the state; however, in no event may 342
the amount of the bond required exceed a reasonable estimate of 343
the total project cost. The authority, in its discretion, also 344
may prohibit any prospective bidder, offerer or contractor who is 345
a party to any protest or litigation involving any such contract 346
with the state, the authority or any agency of the state to 347
participate in any other such bid, offer or contract, or to be 348
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awarded any such contract, during the pendency of the protest or 349
litigation. 350
(n) The authority shall make a report in writing to the 351
Legislature each year in the month of January. Such report shall 352
contain a full and detailed account of the work of the authority 353
for the preceding year as specified in Section 25-53-29(3). 354
All acquisitions of information technology involving the 355
expenditure of funds in excess of the dollar amount established in 356
Section 31-7-13(c), or rentals or leases in excess of the dollar 357
amount established in Section 31-7-13(c) for the term of the 358
contract, shall be based upon bid. The authority may reserve the 359
right to reject any or all bids, and if all bids are rejected, the 360
authority may negotiate a contract within the limitations of the 361
specifications so long as the terms of any such negotiated 362
contract are equal to or better than the lowest bidder, and so 363
long as the total cost to the State of Mississippi does not exceed 364
the lowest bid. If the authority accepts one (1) of such bids, it 365
shall be that which is the lowest and best. The provisions of 366
this paragraph shall not apply to acquisitions of information 367
technology equipment and services made by the Mississippi 368
Department of Health and the Mississippi Department of Revenue for 369
the purposes of implementing, administering and enforcing the 370
provisions of the Mississippi Medical Cannabis Act by June 30, 371
2024. 372
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(o) When applicable, the authority may procure 373
information technology in accordance with the law or regulations, 374
or both, which govern the Bureau of Purchasing of the Office of 375
General Services or which govern the Mississippi Department of 376
Information Technology Services procurement of information 377
technology. 378
(p) The authority is authorized to purchase, lease, or 379
rent information technology for the purpose of establishing pilot 380
projects to investigate emerging technologies. These acquisitions 381
shall be limited to new technologies and shall be limited to an 382
amount set by annual appropriation of the Legislature. These 383
acquisitions shall be exempt from the advertising and bidding 384
requirement. 385
(q) To promote the maximum use and benefit from 386
technology and services now in operation or which will in the 387
future be placed in operation and to identify opportunities, 388
minimize duplication, reduce costs and improve the efficiency of 389
providing common technology services the authority is authorized 390
to: 391
(i) Enter into master agreements for information 392
technology, including cloud computing, available for shared use by 393
state agencies, institutions of higher learning and governing 394
authorities; and 395
(ii) Enter into contracts for the acquisition of 396
information technology, including cloud computing, that have been 397
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acquired by other entities, located within or outside of the State 398
of Mississippi, so long as it is determined by the authority to be 399
in the best interest of the state. The acquisitions provided in 400
this paragraph (q) shall be exempt from the advertising and 401
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 402
seq. 403
(r) All fees collected by the Mississippi Department of 404
Information Technology Services shall be deposited into the 405
Mississippi Department of Information Technology Services 406
Revolving Fund unless otherwise specified by the Legislature. 407
(s) The authority shall work closely with the council 408
to bring about effective coordination of policies, standards and 409
procedures relating to procurement of remote sensing and 410
geographic information systems (GIS) resources. 411
(t) The authority shall manage one or more State Data 412
Centers to provide information technology services on a 413
cost-sharing basis. In determining the appropriate services to be 414
provided through the State Data Center, the authority should 415
consider those services that: 416
(i) Result in savings to the state as a whole; 417
(ii) Improve and enhance the security and 418
reliability of the state's information and business systems; and 419
(iii) Optimize the efficient use of the state's 420
information technology assets, including, but not limited to, 421
promoting partnerships with the state institutions of higher 422
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learning and community colleges to capitalize on advanced 423
information technology resources. 424
(u) The authority shall oversee the Mississippi 425
Statewide Data Exchange, ensuring compliance with the requirements 426
of Section 25-53-281. The Department of Information Technology 427
Services shall have the authority to promulgate rules and 428
regulations necessary to develop, implement and oversee the 429
Mississippi Statewide Data Exchange. The department shall engage 430
with state agencies and other stakeholders to identify 431
data-sharing opportunities and address potential barriers. 432
Additionally, the department shall establish a Chief Information 433
Officer (CIO) Council, composed of information technology 434
leadership from state agencies, to provide strategic oversight, 435
promote interoperability and recommend policies to enhance the 436
effectiveness and security of statewide data-sharing initiatives. 437
(v) The authority shall increase federal participation 438
in the cost of the State Data Center to the extent provided by law 439
and its shared technology infrastructure through providing such 440
shared services to agencies that receive federal funds. With 441
regard to state institutions of higher learning and community 442
colleges, the authority may provide shared services when mutually 443
agreeable, following a determination by both the authority and the 444
Board of Trustees of State Institutions of Higher Learning or the 445
Mississippi Community College Board, as the case may be, that the 446
sharing of services is mutually beneficial. 447
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(w) The authority, in its discretion, may require new 448
or replacement agency business applications to be hosted at the 449
State Data Center. With regard to state institutions of higher 450
learning and community colleges, the authority and the Board of 451
Trustees of State Institutions of Higher Learning or the 452
Mississippi Community College Board, as the case may be, may agree 453
that institutions of higher learning or community colleges may 454
utilize business applications that are hosted at the State Data 455
Center, following a determination by both the authority and the 456
applicable board that the hosting of those applications is 457
mutually beneficial. In addition, the authority may establish 458
partnerships to capitalize on the advanced technology resources of 459
the Board of Trustees of State Institutions of Higher Learning or 460
the Mississippi Community College Board, following a determination 461
by both the authority and the applicable board that such a 462
partnership is mutually beneficial. 463
(x) The authority shall provide a periodic update 464
regarding reform-based information technology initiatives to the 465
Chairmen of the House and Senate Accountability, Efficiency and 466
Transparency Committees. 467
From and after July 1, 2018, the expenses of this agency 468
shall be defrayed by appropriation from the State General Fund. 469
In addition, in order to receive the maximum use and benefit from 470
information technology and services, expenses for the provision of 471
statewide shared services that facilitate cost-effective 472
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ST: Statewide Information Technology
Optimization Program; create for coordinated
efforts across agencies.
information technology shall be defrayed by pass-through funding 473
and shall be deposited into the Mississippi Department of 474
Information Technology Services Revolving Fund unless otherwise 475
specified by the Legislature. These funds shall only be utilized 476
to pay the actual costs incurred by the Mississippi Department of 477
Information Technology Services for providing these shared 478
services to state agencies. Furthermore, state agencies shall 479
work in full cooperation with the Board of the Mississippi 480
Department of Information Technology Services to identify 481
information technology to minimize duplication, reduce costs, and 482
improve the efficiency of providing common technology services 483
across agency boundaries. 484
SECTION 11. This act shall take effect and be in force from 485
and after July 1, 2026. 486