Department of Information Technology Services; require all state agencies to use for computer equipment and services.

H. B. No. 575 *HR43/R950* ~ OFFICIAL ~ G1/2
26/HR43/R950
PAGE 1 (ELS\KP)

To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 575

AN ACT TO AMEND SECTIONS 25-53-1, 25-53-21, 25-53-25, 1
25-53-29 AND 25-53-257, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL 2
STATE AGENCIES TO USE THE MISSISSIPPI DEPARTMENT OF INFORMATION 3
TECHNOLOGY SERVICES FOR INFORMATION TECHNOLOGY, INCLUDING DATA 4
STORAGE AND RETRIEVAL; TO AMEND SECTION 25-53-3, MISSISSIPPI CODE 5
OF 1972, TO CLARIFY THAT THE DEFINITION OF THE TERM "AGENCY" 6
INCLUDES ALL STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER 7
LEARNING; TO AMEND SECTION 25-53-5, MISSISSIPPI CODE OF 1972, TO 8
DELETE EXEMPTIONS FOR CERTAIN STATE AGENCIES AND INSTITUTIONS FROM 9
THE DEPARTMENT'S REQUIREMENTS RELATING TO INFORMATION TECHNOLOGY; 10
TO BRING FORWARD SECTION 25-53-201, MISSISSIPPI CODE OF 1972, 11
WHICH ESTABLISHES THE ENTERPRISE SECURITY PROGRAM TO PROVIDE 12
COORDINATION OF CYBERSECURITY EFFORTS ACROSS STATE AGENCIES, FOR 13
PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 45-27-7, 14
MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI JUSTICE 15
INFORMATION CENTER TO ACQUIRE INFORMATION TECHNOLOGY THROUGH THE 16
DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES; TO AMEND SECTION 17
45-9-181, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE 18
OFFICE OF HOMELAND SECURITY AND THE DEPARTMENT OF PUBLIC SAFETY, 19
TO CONTRACT WITH A THIRD-PARTY VENDOR FOR COMPUTER EQUIPMENT AND 20
SERVICES; AND FOR RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. Section 25-53-1, Mississippi Code of 1972, is 23
amended as follows: 24
25-53-1. The Legislature recognizes that in order for the 25
State of Mississippi to receive the maximum use and benefit from 26
information technology and services now in operation or which will 27
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 2 (ELS\KP)

in the future be placed in operation, there should be full 28
cooperation and cohesive planning and effort by and between the 29
several state agencies and that it is the responsibility of the 30
Legislature to provide statutory authority therefor. The 31
Legislature, therefore, declares and determines that for these and 32
other related purposes, there is * * * established an agency of 33
state government to be known as the Mississippi Department of 34
Information Technology Services (MDITS). The Legislature further 35
declares that the Mississippi Department of Information Technology 36
Services (MDITS) shall provide statewide services that facilitate 37
cost-effective information processing, data storage and retrieval, 38
and telecommunication solutions. All state agencies shall work in 39
full cooperation with the board of MDITS * * *. 40
SECTION 2. Section 25-53-3, Mississippi Code of 1972, is 41
amended as follows: 42
25-53-3. (1) Whenever the term "Central Data Processing 43
Authority" or the term "authority," when referring to the Central 44
Data Processing Authority, is used in any law, rule, regulation, 45
document or elsewhere, it shall be construed to mean the 46
Mississippi Department of Information Technology Services. 47
(2) For the purposes of this chapter the following terms 48
shall have the meanings ascribed in this section unless the 49
context otherwise requires: 50
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 3 (ELS\KP)

(a) "Central Data Processing Authority" and "CDPA" mean 51
"Mississippi Department of Information Technology Services (ITS)" 52
and the term "authority" means "board of the ITS." 53
(b) "Bureau of Systems Policy and Planning," "Bureau of 54
Telecommunications," "Bureau of Central Data Processing" and 55
"bureau" mean "ITS." 56
(c) "Acquisition" of information technology means the 57
purchase, lease, rental, or acquisition in any other manner of any 58
such information technology. 59
(d) "Agency" means and includes all the various state 60
agencies, authorities, bureaus, officers, departments, boards, 61
commissions, councils, offices, * * * state institutions of higher 62
learning, and any other policy-making entities of the state. 63
(e) "Governing authority" means boards of supervisors, 64
governing boards of all school districts, all boards of directors 65
of public water supply districts, boards of directors of master 66
public water supply districts, municipal public utility 67
commissions, governing authorities of all municipalities, port 68
authorities, commissioners and boards of trustees of any public 69
hospitals and any governing authority of the state supported, 70
wholly or in part, by public funds of the state or governing 71
authority thereof. 72
(f) "Bid" means any of the valid source selection 73
techniques and competitive procurement methods appropriate to 74
information technology procurement in the public sector, 75
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 4 (ELS\KP)

including, but not limited to, competitive sealed bidding, 76
competitive sealed proposals, simplified small purchase 77
procedures, sole source procurements, and emergency procurements. 78
(g) "Telecommunications transmission facility" means 79
any transmission medium, switch, instrument, inside wiring system 80
or other facility which is used, in whole or in part, to provide 81
any transmission. 82
(h) "Equipment support contract" means a contract which 83
covers a single, specific class or classes of telecommunications 84
equipment or service and all features associated with that class, 85
through which state agencies may purchase or lease the item of 86
equipment or service specified by issuing a purchase order under 87
the terms of the contract without the necessity of further 88
competitive bidding. 89
(i) "Inside wiring system" means any wiring which: 90
(i) Directly or indirectly, interconnects any 91
terminal equipment with any other terminal equipment or with any 92
regulated facility or common carrier services; and 93
(ii) Is located at the premises of the customer 94
and is not inside any terminal equipment. 95
(j) "Procurement" means the selling, buying, 96
purchasing, renting, leasing or otherwise obtaining information 97
technology as well as activities engaged in, resulting in or 98
expected to result in selling, buying, purchasing, renting, 99
leasing or otherwise obtaining information technology. 100
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 5 (ELS\KP)

(k) "Telecommunications equipment, systems, related 101
services" are limited to the equipment and means to provide: 102
(i) Telecommunications transmission facilities. 103
(ii) Telephone systems, including voice processing 104
systems. 105
(iii) Facsimile systems. 106
(iv) Radio paging services. 107
(v) Mobile telephone services, including cellular 108
mobile telephone service. 109
(vi) Intercom and paging systems. 110
(vii) Video teleconferencing systems. 111
(viii) Personal communications networks and 112
services. 113
(ix) Any and all systems based on emerging and 114
future telecommunications technologies relative to (i) through 115
(viii) above. 116
(l) "Telecommunications system lease contract" means a 117
contract between a supplier of telecommunications systems, 118
including equipment and related services, and the Mississippi 119
Department of Information Technology Services. 120
(m) "Tariffed or regulated service" means 121
telecommunications service offered by common carriers and subject 122
to control by the Mississippi Public Service Commission or the 123
Federal Communications Commission. 124
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 6 (ELS\KP)

(n) "State Data Center" means one or more facilities 125
operated by ITS to provide information technology resources 126
requiring enterprise computing resources or any other ITS managed 127
information resources. 128
(o) "Information technology" means any technology as 129
defined by ITS, including, but not limited to, computer and/or 130
telecommunications equipment, systems or related services. 131
SECTION 3. Section 25-53-5, Mississippi Code of 1972, is 132
amended as follows: 133
25-53-5. The authority shall have the following powers, 134
duties, and responsibilities: 135
(a) The authority shall provide for the development of 136
plans for the efficient acquisition and utilization of information 137
technology by all agencies of state government, and provide for 138
their implementation. In so doing, the authority may use the ITS' 139
staff, at the discretion of the executive director of the 140
authority, or the authority may contract for the services of 141
qualified consulting firms in the field of information technology 142
and utilize the service of such consultants as may be necessary 143
for such purposes. 144
(b) The authority shall immediately institute 145
procedures for carrying out the purposes of this chapter and 146
supervise the efficient execution of the powers and duties of the 147
executive director of the ITS. In the execution of its functions 148
under this chapter, the authority shall maintain as a paramount 149
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 7 (ELS\KP)

consideration the successful internal organization and operation 150
of the several agencies so that efficiency existing therein shall 151
not be adversely affected or impaired. In executing its functions 152
in relation to the state institutions of higher learning and 153
community and junior colleges in the state, the authority shall 154
take into consideration the special needs of such institutions in 155
relation to the fields of teaching and scientific research. 156
(c) The authority shall * * * procure all information 157
technology which shall, to the fullest extent practicable, ensure 158
the maximum of competition between all manufacturers of supplies 159
or equipment or services. The authority shall adopt rules, 160
regulations, and procedures governing the process by which 161
agencies use the services of the ITS in acquiring such technology. 162
In the writing of specifications, in the making of contracts 163
relating to the acquisition of such information technology, and in 164
the performance of its other duties, the authority shall provide 165
for the maximum compatibility of all information systems hereafter 166
installed or utilized by all state agencies and may require the 167
use of common computer languages where necessary to accomplish the 168
purposes of this chapter. The authority may establish by 169
regulation and charge reasonable fees on a nondiscriminatory basis 170
for the furnishing to bidders of copies of bid specifications and 171
other documents issued by the authority. 172
(d) The authority shall adopt rules and regulations 173
governing the sharing with, or the sale or lease of information 174
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 8 (ELS\KP)

technology services to, any nonstate agency or person. Such 175
regulations shall provide that any such sharing, sale or lease 176
shall be restricted in that same shall be accomplished only where 177
such services are not readily available otherwise within the 178
state, and then only at a charge to the user not less than the 179
prevailing rate of charge for similar services by private 180
enterprise within this state. 181
(e) The authority may, in its discretion, establish a 182
special technical advisory committee or committees to study and 183
make recommendations on matters within the competence of the 184
authority as the authority may see fit. Persons serving on any 185
such committees shall be entitled to receive their actual and 186
necessary expenses actually incurred in the performance of such 187
duties, together with mileage as provided by law for state 188
employees, provided the same has been authorized by a resolution 189
duly adopted by the authority and entered on its minutes prior to 190
the performance of such duties. For the purposes of this 191
paragraph, such committee meetings are exempt from the 192
requirements of Sections 25-41-1 through 25-41-17. 193
(f) The authority may provide for the development and 194
require the adoption of standardized computer programs and may 195
provide for the dissemination of information to and the 196
establishment of training programs for the personnel of the 197
various information technology centers of state agencies and 198
personnel of the agencies utilizing the services thereof. 199
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 9 (ELS\KP)

(g) The authority shall adopt reasonable rules and 200
regulations requiring the reporting to the authority through the 201
office of executive director of such information as may be 202
required for carrying out the purposes of this chapter and may 203
also establish such reasonable procedures to be followed in the 204
presentation of bills for payment under the terms of all existing 205
contracts for the acquisition of information technology * * * in 206
force on July 1, 2026, as may be required by the authority or by 207
the executive director in the execution of their powers and 208
duties. 209
(h) The authority shall require such adequate 210
documentation of information technology procedures utilized by the 211
various state agencies and may require the establishment of such 212
organizational structures within state agencies relating to 213
information technology operations as may be necessary to 214
effectuate the purposes of this chapter. 215
(i) The authority may adopt such further reasonable 216
rules and regulations as may be necessary to fully implement the 217
purposes of this chapter. All rules and regulations adopted by 218
the authority shall be published in readily accessible form to 219
all * * * state agencies, and to all current suppliers of computer 220
equipment and services to the state, and to all prospective 221
suppliers requesting the same. Such rules and regulations shall 222
be kept current, be periodically revised, and copies thereof shall 223
be available at all times for inspection by the public at 224
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 10 (ELS\KP)

reasonable hours in the offices of the authority. Whenever 225
possible no rule, regulation or any proposed amendment to such 226
rules and regulations shall be finally adopted or enforced until 227
copies of the proposed rules and regulations have been published. 228
(j) The authority shall establish rules and regulations 229
which shall provide for the submission of all contracts proposed 230
to be executed by the executive director for information 231
technology, including cloud computing, to the authority for 232
approval before final execution, and the authority may provide 233
that such contracts involving the expenditure of less than such 234
specified amount as may be established by the authority may be 235
finally executed by the executive director without first obtaining 236
such approval by the authority. 237
(k) The authority is authorized to consider new 238
technologies, such as cloud computing, to purchase, lease, or rent 239
information technology and to operate that information technology 240
when in its opinion such operation will provide maximum efficiency 241
and economy in the functions of * * * state agencies. 242
(l) Upon the request of the governing body of a 243
political subdivision or instrumentality, the authority shall 244
assist the political subdivision or instrumentality in its 245
development of plans for the efficient acquisition and utilization 246
of information technology. An appropriate fee shall be charged 247
the political subdivision by the authority for such assistance. 248
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 11 (ELS\KP)

(m) The authority shall adopt rules and regulations 249
governing the protest procedures to be followed by any actual or 250
prospective bidder, offerer or contractor who is aggrieved in 251
connection with the solicitation or award of a contract for the 252
acquisition of information technology. Such rules and regulations 253
shall prescribe the manner, time and procedure for making protests 254
and may provide that a protest not timely filed shall be summarily 255
denied. The authority may require the protesting party, at the 256
time of filing the protest, to post a bond, payable to the state, 257
in an amount that the authority determines sufficient to cover any 258
expense or loss incurred by the state; however, in no event may 259
the amount of the bond required exceed a reasonable estimate of 260
the total project cost. The authority, in its discretion, also 261
may prohibit any prospective bidder, offerer or contractor who is 262
a party to any protest or litigation involving any such contract 263
with the state, the authority or any agency of the state to 264
participate in any other such bid, offer or contract, or to be 265
awarded any such contract, during the pendency of the protest or 266
litigation. 267
(n) The authority shall make a report in writing to the 268
Legislature each year in the month of January. Such report shall 269
contain a full and detailed account of the work of the authority 270
for the preceding year as specified in Section 25-53-29(3). 271
All acquisitions of information technology involving the 272
expenditure of funds in excess of the dollar amount established in 273
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 12 (ELS\KP)

Section 31-7-13(c), or rentals or leases in excess of the dollar 274
amount established in Section 31-7-13(c) for the term of the 275
contract, shall be based upon bid. The authority may reserve the 276
right to reject any or all bids, and if all bids are rejected, the 277
authority may negotiate a contract within the limitations of the 278
specifications so long as the terms of any such negotiated 279
contract are equal to or better than the lowest bidder, and so 280
long as the total cost to the State of Mississippi does not exceed 281
the lowest bid. If the authority accepts one (1) of such bids, it 282
shall be that which is the lowest and best. * * * 283
(o) When applicable, the authority may procure 284
information technology in accordance with the law or regulations, 285
or both, which govern the Bureau of Purchasing of the Office of 286
General Services or which govern the Mississippi Department of 287
Information Technology Services procurement of information 288
technology. 289
(p) The authority is authorized to purchase, lease, or 290
rent information technology for the purpose of establishing pilot 291
projects to investigate emerging technologies. These acquisitions 292
shall be limited to new technologies and shall be limited to an 293
amount set by annual appropriation of the Legislature. These 294
acquisitions shall be exempt from the advertising and bidding 295
requirement. 296
(q) To promote the maximum use and benefit from 297
technology and services now in operation or which will in the 298
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 13 (ELS\KP)

future be placed in operation and to identify opportunities, 299
minimize duplication, reduce costs and improve the efficiency of 300
providing common technology services the authority is authorized 301
to: 302
(i) Enter into master agreements for information 303
technology, including cloud computing, available for shared use by 304
state agencies * * * and governing authorities; and 305
(ii) Enter into contracts for the acquisition of 306
information technology, including cloud computing, that have been 307
acquired by other entities, located within or outside of the State 308
of Mississippi, so long as it is determined by the authority to be 309
in the best interest of the state. The acquisitions provided in 310
this paragraph (q) shall be exempt from the advertising and 311
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 312
seq. 313
(r) All fees collected by the Mississippi Department of 314
Information Technology Services shall be deposited into the 315
Mississippi Department of Information Technology Services 316
Revolving Fund unless otherwise specified by the Legislature. 317
(s) The authority shall work closely with the council 318
to bring about effective coordination of policies, standards and 319
procedures relating to procurement of remote sensing and 320
geographic information systems (GIS) resources. 321
(t) The authority shall manage one or more State Data 322
Centers to provide information technology services on a 323
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 14 (ELS\KP)

cost-sharing basis. In determining the appropriate services to be 324
provided through the State Data Center, the authority should 325
consider those services that: 326
(i) Result in savings to the state as a whole; 327
(ii) Improve and enhance the security and 328
reliability of the state's information and business systems; and 329
(iii) Optimize the efficient use of the state's 330
information technology assets, including, but not limited to, 331
promoting partnerships * * * between the state institutions of 332
higher learning and community and junior colleges to capitalize on 333
advanced information technology resources. 334
(u) The authority shall oversee the Mississippi 335
Statewide Data Exchange, ensuring compliance with the requirements 336
of Section 25-53-281. The Department of Information Technology 337
Services shall have the authority to promulgate rules and 338
regulations necessary to develop, implement and oversee the 339
Mississippi Statewide Data Exchange. The department shall engage 340
with state agencies and other stakeholders to identify 341
data-sharing opportunities and address potential barriers. 342
Additionally, the department shall establish a Chief Information 343
Officer (CIO) Council, composed of information technology 344
leadership from state agencies, to provide strategic oversight, 345
promote interoperability and recommend policies to enhance the 346
effectiveness and security of statewide data-sharing initiatives. 347
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 15 (ELS\KP)

(v) The authority shall increase federal participation 348
in the cost of the State Data Center to the extent provided by law 349
and its shared technology infrastructure through providing such 350
shared services to agencies that receive federal funds. With 351
regard to state institutions of higher learning and community and 352
junior colleges, the authority may provide shared services when 353
mutually agreeable, following a determination by both the 354
authority and the Board of Trustees of State Institutions of 355
Higher Learning or the Mississippi Community College Board, as the 356
case may be, that the sharing of services is mutually beneficial. 357
(w) The authority * * * shall require new or 358
replacement agency business applications to be hosted at the State 359
Data Center. * * * 360
(x) The authority shall adopt rules and regulations 361
prohibiting the storage of data on hard disc drives by a state 362
agency and requiring each agency to use the ITS data storage 363
capabilities. 364
( * * *y) The authority shall provide a periodic update 365
regarding reform-based information technology initiatives to the 366
Chairmen of the House and Senate Accountability, Efficiency and 367
Transparency Committees. 368
From and after July 1, 2018, the expenses of this agency 369
shall be defrayed by appropriation from the State General Fund. 370
In addition, in order to receive the maximum use and benefit from 371
information technology and services, expenses for the provision of 372
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 16 (ELS\KP)

statewide shared services that facilitate cost-effective 373
information technology shall be defrayed by pass-through funding 374
and shall be deposited into the Mississippi Department of 375
Information Technology Services Revolving Fund unless otherwise 376
specified by the Legislature. These funds shall only be utilized 377
to pay the actual costs incurred by the Mississippi Department of 378
Information Technology Services for providing these shared 379
services to state agencies. Furthermore, state agencies shall 380
work in full cooperation with the Board of the Mississippi 381
Department of Information Technology Services to enable the board 382
to identify information technology * * * that minimize 383
duplication, reduce costs, and improve the efficiency of providing 384
common technology services across agency boundaries. 385
SECTION 4. Section 25-53-21, Mississippi Code of 1972, is 386
amended as follows: 387
25-53-21. The executive director shall have the following 388
duties, responsibilities and authority: 389
(a) He or she shall conduct continuing studies of all 390
information technology activities carried out by all agencies of 391
the state and shall develop a long-range plan for the efficient 392
and economical performance of such activities in state government. 393
Such plan shall be submitted to the authority for its approval 394
and, having been approved by the authority, shall be implemented 395
by the executive director and all state agencies. Such plan shall 396
be continuously reviewed and modifications thereof shall be 397
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 17 (ELS\KP)

proposed to the authority by the executive director as 398
developments in information technology techniques and changes in 399
the structure, activities, and functions of state government may 400
require. 401
(b) He or she shall review * * * the purchasing of 402
supplies for information technology and make recommendations to 403
the authority for the institution of purchasing procedures which 404
will ensure the most economical procurement of such supplies 405
commensurate with the efficient operation of all * * * 406
agencies * * *. 407
(c) He or she shall see that all reports required of 408
all agencies are promptly and accurately made in accordance with 409
the rules and regulations adopted by the authority. Either in 410
person or through his or her authorized agents, he or she shall 411
make such inspections of information technology operations being 412
conducted by any * * * agencies * * * as may be necessary for the 413
performance of his duties. 414
(d) He or she shall * * * cause to be brought about 415
cooperation between the several state agencies in order to provide 416
efficiency in information technology operation. He or she shall, 417
together with the heads of the agencies involved, * * * develop 418
and implement cooperative plans for the * * * operation of 419
information technology equipment, and any such plan so adopted 420
shall be carried out in accordance with the provisions of such 421
plan unless the same shall be amended by * * * the executive 422
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 18 (ELS\KP)

director * * *. The executive director shall report to the 423
authority the details of any plan so * * * implemented and shall 424
otherwise report to the authority any failure on the part of any 425
agency to carry out the provisions of such plan. * * * 426
(e) He or she shall review all contracts for 427
acquisition of information technology * * * in force on July 1, 428
2026, and may require the renegotiation, termination, amendment 429
or * * * re-execution of any such contracts in proper form and in 430
accordance with the policies and rules and regulations and subject 431
to the direction of the authority. A contract that expires by its 432
terms may be renewed if it is the intent of all parties to renew 433
the contract within a reasonable timeframe. In the negotiation 434
and execution of such contracts, the executive director may 435
negotiate a limitation on the liability to the state of 436
prospective contractors provided such limitation affords the state 437
reasonable protection * * *. For purposes of this section, 438
reasonable protection does not include limitations on intentional 439
torts, negligence, death, bodily injury, bad faith, breach of 440
state data, infringement issues and damage to tangible state 441
property. 442
(f) He or she shall act as the purchasing and 443
contracting agent for the State of Mississippi in the negotiation 444
and execution of all contracts for the acquisition of information 445
technology. He or she shall receive, review, and promptly approve 446
or disapprove all requests of agencies * * * for * * * information 447
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 19 (ELS\KP)

technology, which are submitted in accordance with rules and 448
regulations of the authority. In the event that any such request 449
is disapproved, he or she shall immediately notify the requesting 450
agency and the members of the authority in writing of such 451
disapproval, stating his or her reasons therefor. The disapproval 452
of any request by the executive director of the authority may be 453
appealed to the authority in such manner as may be authorized by 454
such reasonable rules and regulations hereby authorized to be 455
adopted by the authority. The executive director shall report the 456
approval of all such requests to the authority in such manner as 457
may be directed by the authority, and shall execute any such 458
contracts only after complying with rules and regulations which 459
may be adopted by the authority in relation thereto. Any 460
contracts for personal or professional services entered into by 461
the executive director shall be exempted from the requirements of 462
Section 25-9-120(3) relating to submission of such contract to the 463
State Personal Service Contract Review Board. 464
(g) He or she shall suggest and cause to be brought 465
about cooperation between the several state agencies, departments 466
and institutions in order that work may be done by one agency for 467
another agency, and equipment in one agency may be made available 468
to another agency, and suggest and cause to be brought about such 469
improvements as may be necessary in joint or cooperative 470
information technology operations. 471
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 20 (ELS\KP)

(h) He or she shall be designated as the "Chief 472
Information Confidentiality Officer" after being duly sworn to the 473
oath of this office by the chairman of the authority and shall be 474
responsible for administering the oath to other qualified officers 475
he or she may designate. 476
(i) He or she shall appoint employees of the 477
Mississippi Department of Information Technology Services, or at 478
his or her discretion, employees of other state agencies and 479
institutions that are responsible for handling or processing data 480
for any agency or institution other than that for which they are 481
employed, to a position of information custodial care that shall 482
be known as "Information Confidentiality Officer." The selection 483
and swearing of all officers shall be reported to the authority at 484
the next regular meeting and names, affirmation dates and 485
employment dates shall be recorded in the permanent minutes of the 486
authority. 487
SECTION 5. Section 25-53-25, Mississippi Code of 1972, is 488
amended as follows: 489
25-53-25. (1) Except as otherwise provided in Section 490
25-53-5, 25-53-25( * * *2) or any other provision of law, nothing 491
in this chapter shall be construed to imply exemption from the 492
public purchases law, being Section 31-7-1 et seq. 493
* * * 494
( * * *2) Acquisitions of information technology made by 495
agencies while exempt from the public purchasing requirements of 496
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 21 (ELS\KP)

this chapter and/or as specified in the authority's regulations 497
shall remain exempt until a new acquisition is required, as 498
determined by ITS. 499
SECTION 6. Section 25-53-29, Mississippi Code of 1972, is 500
amended as follows: 501
25-53-29. (1) For the purposes of this section the term 502
"bureau" shall mean the "Mississippi Department of Information 503
Technology Services." The authority shall have the following 504
powers and responsibilities to carry out the establishment of 505
policy and provide for long-range planning and consulting: 506
(a) Provide a high level of technical expertise for 507
agencies, institutions, political subdivisions and other 508
governmental entities as follows: planning; consulting; project 509
management; systems and performance review; system definition; 510
design; application programming; training; development and 511
documentation; implementation; maintenance; and other tasks as may 512
be required, within the resources available to the bureau. 513
(b) Publish written planning guides, policies and 514
procedures for use by agencies and institutions in planning future 515
information technology. The bureau * * * shall require agencies 516
and institutions to submit data, including periodic electronic 517
equipment inventory listings, information on agency 518
staffing, * * * planned applications for the future, and other 519
information needed for the purposes of preparing the state master 520
plan. * * * 521
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 22 (ELS\KP)

(c) Inspect agency facilities and equipment, interview 522
agency employees and review records at any time deemed necessary 523
by the bureau for the purpose of identifying cost-effective 524
applications of electronic information technology. Upon 525
conclusion of any inspection, the bureau shall issue a management 526
letter containing cost estimates and recommendations to the agency 527
head and governing board concerning applications identified that 528
would result in staff reductions, other monetary savings and 529
improved delivery of public services. 530
(d) Conduct classroom and on-site training for end 531
users for applications and systems developed by the bureau. 532
(e) Provide consulting services to * * * Mississippi 533
governmental subdivisions requesting technical assistance in 534
information technology. The bureau may submit proposals and enter 535
into contracts to provide services to * * * governmental 536
subdivisions for such purposes. 537
(2) The bureau shall annually issue a three-year master plan 538
in writing to the Governor, available on request to any member of 539
the Legislature, including recommended statewide strategies and 540
goals for the effective and efficient use of information 541
technology in state government. The report shall also include 542
recommended information policy actions and other recommendations 543
for consideration by the Governor and members of the Legislature. 544
(3) The bureau shall make an annual report in writing to the 545
Governor, available on request to any member of the Legislature, 546
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 23 (ELS\KP)

to include a full and detailed account of the work of the 547
authority for the preceding year. The report shall contain 548
recommendations to agencies and institutions resulting from 549
inspections * * *. The report shall also contain a summary of the 550
master plan, progress made, and legislative and policy 551
recommendations for consideration by the Governor and members of 552
the Legislature. 553
(4) The bureau may charge fees to agencies and institutions 554
for services rendered to them. The bureau may charge fees to 555
vendors to recover the cost of providing procurement services and 556
the delivery of procurement awards to * * * Mississippi 557
governmental subdivisions. The amounts of such fees shall be set 558
by the authority upon recommendation of the Executive Director of 559
the ITS, and all such fees collected shall be paid into the fund 560
established for carrying out the purposes of this section. 561
(5) The bureau may, from time to time, at the discretion of 562
the Executive Director of ITS, contract with firms or qualified 563
individuals to be used to augment the bureau's professional staff 564
in order to assure timely completion and implementation of 565
assigned tasks, provided that funds are available in the fund 566
established for carrying out the purposes of this section. Such 567
individuals may be employees of any agency, bureau or institution 568
provided that these individuals or firms meet the requirements of 569
other individuals or firms doing business with the state through 570
the ITS. Individuals who are employees of an agency or 571
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 24 (ELS\KP)

institution may contract with the ITS only with the concurrence of 572
the agency or institution for whom they are employed. 573
From and after July 1, 2018, the expenses of this agency 574
shall be defrayed by appropriation from the State General Fund. 575
In addition, in order to receive the maximum use and benefit from 576
information technology, expenses for the provision of statewide 577
shared services that facilitate cost-effective information 578
processing and telecommunication solutions shall be defrayed by 579
pass-through funding and shall be deposited into the Mississippi 580
Department of Information Technology Services Revolving Fund 581
unless otherwise specified by the Legislature. These funds shall 582
only be utilized to pay the actual costs incurred by the ITS for 583
providing these shared services to state agencies. Furthermore, 584
state agencies shall work in full cooperation with the ITS to 585
enable the board to identify information technology * * * that 586
minimizes duplication, reduces costs, and improves the efficiency 587
of providing common technology services across agency boundaries. 588
SECTION 7. Section 25-53-257, Mississippi Code of 1972, is 589
amended as follows: 590
25-53-257. (1) The Cloud Center of Excellence (CCOE) shall 591
establish a two-year phased implementation plan, which shall 592
accomplish the following benchmarks by July 1, 2027: 593
(a) Conduct statewide readiness assessments and develop 594
detailed cloud migration plans for pilot agencies; 595
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 25 (ELS\KP)

(b) Initiate pilot migrations for selected state 596
agencies, establish key performance indicators (KPIs) and refine 597
processes based on feedback; 598
(c) Expand cloud adoption to additional state agencies, 599
focusing on optimizing resource utilization and ensuring adherence 600
to best practices; 601
(d) Integrate governing authorities into the cloud 602
ecosystem and provide support for local governments, postsecondary 603
educational institutions and school districts; and 604
(e) Achieve full statewide adoption of cloud services, 605
with ongoing monitoring, training, and optimization provided by 606
the CCOE for all state agencies and governing authorities. 607
(2) (a) During the implementation described in subsection 608
(1) of this section, the department, when procuring information 609
technology for state agencies, and each governing authority 610
integrated into the CCOE at that time shall consider cloud 611
computing service options, including any security benefits and 612
cost savings associated with purchasing those service options from 613
a cloud computing service provider and from a statewide technology 614
center established by the department, when making purchases. 615
(b) During the implementation described in subsection 616
(1) of this section, each state agency and governing authority 617
integrated into the CCOE at that time shall consider * * * cloud 618
computing service options and compatibility with cloud computing 619
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 26 (ELS\KP)

services in the development of new information technology software 620
applications. 621
(3) (a) Except as provided by paragraph (b) of this 622
subsection, * * * the department or a governing authority shall 623
ensure, when making purchases for an automated information system, 624
that the system is capable of being deployed and run on cloud 625
computing services. 626
(b) When making a purchase for an automated information 627
system, * * * the department or a governing authority may 628
determine that, due to integration limitations with legacy 629
systems, security risks or costs, the * * * department or 630
governing authority is unable to purchase a system capable of 631
being deployed and run on cloud computing services. 632
(c) At least fourteen (14) days before the date a * * * 633
governing authority solicits bids, proposals, offers or other 634
applicable expressions of interest for a purchase described by 635
paragraph (b) of this subsection, the * * * governing authority 636
shall submit a report that describes the purchase and the * * * 637
governing authority's reasoning for making the purchase of an 638
automated information system to the * * * department. 639
(4) The department shall provide administrative support and 640
oversight to the CCOE and ensure compliance with Sections 641
25-53-251 through 25-53-263. 642
(5) The department is authorized to: 643
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 27 (ELS\KP)

(a) Enter into agreements with cloud service providers 644
to facilitate cost-effective procurement of cloud solutions; 645
(b) Develop and enforce statewide cloud security and 646
compliance standards; 647
(c) Establish funding mechanisms, including interagency 648
agreements, to support the operations of the CCOE; and 649
(d) Promulgate rules and regulations necessary to carry 650
out the provisions of Sections 25-53-251 through 25-53-263. 651
SECTION 8. Section 25-53-201, Mississippi Code of 1972, is 652
brought forward as follows: 653
25-53-201. (1) There is hereby established the Enterprise 654
Security Program which shall provide for the coordinated oversight 655
of the cybersecurity efforts across all state agencies, including 656
cybersecurity systems, services and the development of policies, 657
standards and guidelines. 658
(2) The Mississippi Department of Information Technology 659
Services (MDITS), in conjunction with all state agencies, shall 660
provide centralized management and coordination of state policies 661
for the security of data and information technology resources, 662
which such information shall be compiled by MDITS and distributed 663
to each participating state agency. MDITS shall: 664
(a) Serve as sole authority, within the constraints of 665
this statute, for defining the specific enterprise cybersecurity 666
systems and services to which this statute is applicable; 667
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 28 (ELS\KP)

(b) Acquire and operate enterprise technology solutions 668
to provide services to state agencies when it is determined that 669
such operation will improve the cybersecurity posture in the 670
function of any agency, institution or function of state 671
government as a whole; 672
(c) Provide oversight of enterprise security policies 673
for state data and information technology (IT) resources 674
including, the following: 675
(i) Establishing and maintaining the security 676
standards and policies for all state data and IT resources state 677
agencies shall implement to the extent that they apply; and 678
(ii) Including the defined enterprise security 679
requirements as minimum requirements in the specifications for 680
solicitation of state contracts for procuring data and information 681
technology systems and services; 682
(d) Adhere to all policies, standards and guidelines in 683
the management of technology infrastructure supporting the state 684
data centers, telecommunications networks and backup facilities; 685
(e) Coordinate and promote efficiency and security with 686
all applicable laws and regulations in the acquisition, operation 687
and maintenance of state data, cybersecurity systems and services 688
used by agencies of the state; 689
(f) Manage, plan and coordinate all enterprise 690
cybersecurity systems under the jurisdiction of the state; 691
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 29 (ELS\KP)

(g) Develop, in conjunction with agencies of the state, 692
coordinated enterprise cybersecurity systems and services for all 693
state agencies; 694
(h) Provide ongoing analysis of enterprise 695
cybersecurity systems and services costs, facilities and systems 696
within state government; 697
(i) Develop policies, procedures and long-range plans 698
for the use of enterprise cybersecurity systems and services; 699
(j) Form an advisory council of information security 700
officers from each state agency to plan, develop and implement 701
cybersecurity initiatives; 702
(k) Coordinate the activities of the advisory council 703
to provide education and awareness, identify cybersecurity-related 704
issues, set future direction for cybersecurity plans and policy, 705
and provide a forum for interagency communications regarding 706
cybersecurity; 707
(l) Charge respective user agencies on a reimbursement 708
basis for their proportionate cost of the installation, 709
maintenance and operation of the cybersecurity systems and 710
services; and 711
(m) Require cooperative utilization of cybersecurity 712
systems and services by aggregating users. 713
(3) Each state agency's executive director or agency head 714
shall: 715
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 30 (ELS\KP)

(a) Be solely responsible for the security of all data 716
and IT resources under its purview, irrespective of the location 717
of the data or resources. Locations include data residing: 718
(i) At agency sites; 719
(ii) On agency real property and tangible and 720
intangible assets; 721
(iii) On infrastructure in the State Data Centers; 722
(iv) At a third-party location; 723
(v) In transit between locations; 724
(b) Ensure that an agency-wide security program is in 725
place; 726
(c) Designate an information security officer to 727
administer the agency's security program; 728
(d) Ensure the agency adheres to the requirements 729
established by the Enterprise Security Program, to the extent that 730
they apply; 731
(e) Participate in all Enterprise Security Program 732
initiatives and services in lieu of deploying duplicate services 733
specific to the agency; 734
(f) Develop, implement and maintain written agency 735
policies and procedures to ensure the security of data and IT 736
resources. The agency policies and procedures are confidential 737
information and exempt from public inspection, except that the 738
information must be available to the Office of the State Auditor 739
in performing auditing duties; 740
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 31 (ELS\KP)

(g) Implement policies and standards to ensure that all 741
of the agency's data and IT resources are maintained in compliance 742
with state and federal laws and regulations, to the extent that 743
they apply; 744
(h) Implement appropriate cost-effective safeguards to 745
reduce, eliminate or recover from identified threats to data and 746
IT resources; 747
(i) Ensure that internal assessments of the security 748
program are conducted. The results of the internal assessments 749
are confidential and exempt from public inspection, except that 750
the information must be available to the Office of the State 751
Auditor in performing auditing duties; 752
(j) Include all appropriate cybersecurity requirements 753
in the specifications for the agency's solicitation of state 754
contracts for procuring data and information technology systems 755
and services; 756
(k) Include a general description of the security 757
program and future plans for ensuring security of data in the 758
agency long-range information technology plan; 759
(l) Participate in annual information security training 760
designed specifically for the executive director or agency head to 761
ensure that such individual has an understanding of: 762
(i) The information and information systems that 763
support the operations and assets of the agency; 764
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 32 (ELS\KP)

(ii) The potential impact of common types of 765
cyber-attacks and data breaches on the agency's operations and 766
assets; 767
(iii) How cyber-attacks and data breaches on the 768
agency's operations and assets could impact the operations and 769
assets of other state agencies on the Enterprise State Network; 770
(iv) How cyber-attacks and data breaches occur; 771
(v) Steps to be undertaken by the executive 772
director or agency head and agency employees to protect their 773
information and information systems; and 774
(vi) The annual reporting requirements required of 775
the executive director or agency head. 776
(4) The Mississippi Department of Information Technology 777
Services shall evaluate the Enterprise Security Program. Such 778
evaluation shall include the following factors: 779
(a) Whether the Enterprise Security Program 780
incorporates nationwide best practices; 781
(b) Whether opportunities exist to centralize and 782
coordinate oversight of cybersecurity efforts across all state 783
agencies; 784
(c) A review of the minimum enterprise security 785
requirements that must be incorporated in solicitations for state 786
contracts for procuring data and information technology systems 787
and services; and 788
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 33 (ELS\KP)

(d) Whether opportunities exist to expand the 789
Enterprise Security Program, including providing oversight of 790
cybersecurity efforts of those governing authorities as defined in 791
Section 25-53-3(e). 792
In performing such evaluation, the Mississippi Department of 793
Information Technology Services may retain experts. This 794
evaluation shall be completed by November 1, 2023. All records in 795
connection with this evaluation shall be exempt from the 796
Mississippi Public Records Act of 1983, pursuant to Section 797
25-61-11.2(f) and (k). 798
(5) For the purpose of this subsection, the following words 799
shall have the meanings ascribed herein, unless the context 800
clearly indicates otherwise: 801
(a) "Cyberattack" shall mean any attempt to gain 802
illegal access, including any data breach, to a computer, computer 803
system or computer network for purposes of causing damage, 804
disruption or harm. 805
(b) "Ransomware" shall mean a computer contaminant or 806
lock placed or introduced without authorization into a computer, 807
computer system or computer network that restricts access by an 808
authorized person to the computer, computer system, computer 809
network or any data therein under circumstances in which the 810
person responsible for the placement or introduction of the 811
ransomware demands payment of money or other consideration to 812
remove the computer contaminant, restore access to the computer, 813
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 34 (ELS\KP)

computer system, computer network or data, or otherwise remediate 814
the impact of the computer contaminant or lock. 815
(c) From and after July 1, 2023, all state agencies 816
shall notify the Mississippi Department of Information Technology 817
Services of any cyberattack or demand for payment as a result of 818
ransomware no later than the close of the next business day 819
following the discovery of such cyberattack or demand. The 820
Mississippi Department of Information Technology Services shall 821
develop a reporting format to be utilized by state agencies to 822
provide such notification. The Mississippi Department of 823
Information Technology Services shall periodically analyze all 824
such reports and attempt to identify any patterns or weaknesses in 825
the state's cybersecurity efforts. Such reports shall be exempt 826
from the Mississippi Public Records Act of 1983, pursuant to 827
Section 25-61-11.2(j). 828
SECTION 9. Section 45-27-7, Mississippi Code of 1972, is 829
amended as follows: 830
45-27-7. (1) The Mississippi Justice Information Center 831
shall: 832
(a) Develop, operate and maintain an information system 833
which will support the collection, storage, retrieval and 834
dissemination of all data described in this chapter, consistent 835
with those principles of scope, security and responsiveness 836
prescribed by this chapter. 837
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 35 (ELS\KP)

(b) Cooperate with all criminal justice agencies within 838
the state in providing those forms, procedures, standards and 839
related training assistance necessary for the uniform operation of 840
the statewide center. 841
(c) Offer assistance and, when practicable, instruction 842
to all local law enforcement agencies in establishing efficient 843
local records systems. 844
(d) Make available, upon request, to all local and 845
state criminal justice agencies, to all federal criminal justice 846
agencies and to criminal justice agencies in other states any 847
information in the files of the center which will aid such 848
agencies in the performance of their official duties. For this 849
purpose the center shall operate on a twenty-four-hour basis, 850
seven (7) days a week. Such information, when authorized by the 851
director of the center, may also be made available to any other 852
agency of this state or any political subdivision thereof and to 853
any federal agency, upon assurance by the agency concerned that 854
the information is to be used for official purposes only in the 855
prevention or detection of crime or the apprehension of criminal 856
offenders. 857
(e) Cooperate with other agencies of this state, the 858
crime information agencies of other states, and the national crime 859
information center systems of the Federal Bureau of Investigation 860
in developing and conducting an interstate, national and 861
international system of criminal identification and records. 862
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 36 (ELS\KP)

(f) Make available, upon request, to nongovernmental 863
entities or employers certain information for noncriminal justice 864
purposes as specified in Section 45-27-12. 865
(g) Institute necessary measures in the design, 866
implementation and continued operation of the justice information 867
system to ensure the privacy and security of the system. Such 868
measures shall include establishing complete control over use of 869
and access to the system and restricting its integral resources 870
and facilities and those either possessed or procured and 871
controlled by criminal justice agencies. Such security measures 872
must meet standards developed by the center as well as those set 873
by the nationally operated systems for interstate sharing of 874
information. 875
(h) Provide data processing for files listing motor 876
vehicle drivers' license numbers, motor vehicle registration 877
numbers, wanted and stolen motor vehicles, outstanding warrants, 878
identifiable stolen property and such other files as may be of 879
general assistance to law enforcement agencies; provided, however, 880
that the purchase, lease, rental or acquisition in any manner 881
of * * * "information technology" as defined in Section 882
25-53-3, * * * shall be * * * through the Mississippi Department 883
of Information Technology Services. 884
(i) Maintain a field coordination and support unit 885
which shall have all the power conferred by law upon any peace 886
officer of this state. 887
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 37 (ELS\KP)

(2) The department, including the investigative division or 888
the center, may: 889
(a) Obtain and store fingerprints, descriptions, 890
photographs and any other pertinent identifying data from crime 891
scenes and on persons who: 892
(i) Have been or are hereafter arrested or taken 893
into custody in this state: 894
1. For an offense which is a felony; 895
2. For an offense which is a misdemeanor; 896
3. As a fugitive from justice; or 897
(ii) Are or become habitual offenders; or 898
(iii) Are currently or become confined to any 899
prison, penitentiary or other penal institution; or 900
(iv) Are unidentified human corpses found in the 901
state; or 902
(v) Have submitted fingerprints for conducting 903
criminal history record checks. 904
(b) Compare all fingerprint and other identifying data 905
received with that already on file and determine whether or not a 906
criminal record is found for such person, and at once inform the 907
requesting agency or arresting officer of those facts that may be 908
disseminated consistent with applicable security and privacy laws 909
and regulations. A record shall be maintained for a minimum of 910
one (1) year of the dissemination of each individual criminal 911
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 38 (ELS\KP)

history, including at least the date and recipient of such 912
information. 913
(c) Establish procedures to respond to those 914
individuals who file requests to review their own records, 915
pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in 916
the correction of the central center records and those of 917
contributing agencies when their accuracy has been successfully 918
challenged either through the related contributing agencies or by 919
court order issued on behalf of an individual. 920
(d) Retain in the system the fingerprints of all law 921
enforcement officers and part-time law enforcement officers, as 922
those terms are defined in Section 45-6-3, any fingerprints sent 923
by the Mississippi State Department of Health, and of all 924
applicants to law enforcement agencies. 925
(3) There shall be a presumption that a copy of any document 926
submitted to the center in accordance with the provisions of 927
Section 45-27-9 that has been processed as set forth in this 928
chapter and subsequently certified and provided by the center to a 929
law enforcement agency or a court shall be admissible in any 930
proceeding without further authentication unless a person 931
objecting to that admissibility has successfully challenged the 932
document under the provisions of Section 45-27-11. 933
SECTION 10. Section 45-9-181, Mississippi Code of 1972, is 934
amended as follows: 935
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 39 (ELS\KP)

45-9-181. (1) This section shall be known and may be cited 936
as the "Mississippi School Safety Guardian Act." 937
(2) For purposes of this section: 938
(a) "Department" means the Department of Public Safety. 939
(b) "Governing body" means with respect to any public 940
school district or public charter school, the local school board 941
or charter school board, as applicable; with respect to any 942
private school, the board or other governing body of the private 943
school as provided in the charter, bylaws, or other governing 944
documents of the school. 945
(c) "Program" means a school safety guardian program 946
established by the governing body of a school in accordance with 947
this section. 948
(d) "School" means any public or private educational 949
institution within the State of Mississippi and includes any 950
elementary or secondary school. 951
(e) "Training program" means the School Safety Guardian 952
Training Program established in subsection (3) of this section. 953
(3) There is * * * established the School Safety Guardian 954
Program in the Office of Homeland Security within the department. 955
The department shall administer the program through the Office of 956
Homeland Security. In consultation with the Mississippi 957
Department of Education, the department shall establish the 958
program and promulgate rules, regulations, and establish training 959
requirements. 960
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 40 (ELS\KP)

(4) The governing body of a school, in consultation with 961
school administrators and the department, may establish a program 962
under this section. The department or the governing body of a 963
school may discontinue a school's participation in the program at 964
anytime. If the governing body of a school establishes a program 965
under this section, the governing body of a school shall designate 966
employees to participate in the training program developed by the 967
department by which designated and trained school employees are 968
authorized to carry concealed firearms for the protection of the 969
students, employees and others on the campus of the school. The 970
scope and purpose of each program shall include responding to an 971
active shooter situation or other situation that would cause death 972
or serious bodily harm on the school campus or in the immediate 973
vicinity of the school campus. The School Safety Guardian's 974
weapon shall always remain under his or her physical control on 975
campus. 976
(5) A designated School Safety Guardian is immune from civil 977
liability for any action taken by the School Safety Guardian if 978
the action in question occurs during the reasonable exercise of 979
and within the course and scope of the designated School Safety 980
Guardian's official duties. School Safety Guardians are charged 981
with these duties and must act in accordance with these duties to 982
maintain their immunity. If a School Safety Guardian is found to 983
have failed to carry out their official duties, the immunity 984
described in this subsection shall be waived. 985
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 41 (ELS\KP)

(6) School Safety Guardians shall be paid a monthly stipend 986
in an amount not less than One Hundred Dollars ($100.00), but not 987
more than Five Hundred Dollars ($500.00) by the school 988
district * * *;however, no funds received by school districts 989
under the Elementary and Secondary Education Act (ESEA) shall be 990
used to pay the stipends authorized under this subsection in 991
accordance with the prohibition on the use of such funds as 992
prescribed in Section 13401 of the Bipartisan Safer Communities 993
Act, Public Law 117-159, 117th Congress of the United States, 994
which amends the ESEA (20 USCS Section 7906 (Supp. 2022)). 995
(7) To be eligible for the immunity provided in this 996
section: 997
(a) The program, at a minimum, shall require that each 998
designated member of the program who is not a law enforcement 999
officer, as defined in Section 45-6-3, possess a firearms license 1000
issued under Section 45-9-101 and the endorsement authorized in 1001
Section 97-37-7; has completed instructional training through a 1002
law enforcement training academy approved department not less than 1003
once every twelve (12) months; and has been CPR and First Aid 1004
certified; and 1005
(b) The identities of any person designated by the 1006
school's governing body to serve as a School Safety Guardian must 1007
be documented at the time of the designation and shall be 1008
communicated to school administrators and local law enforcement. 1009
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 42 (ELS\KP)

(8) The department may authorize and certify Mississippi law 1010
enforcement training academies to offer the training program to 1011
the governing body of a school. 1012
(a) The training program, at a minimum, must include: 1013
(i) An instructional course developed by the 1014
department; 1015
(ii) A criminal background check; 1016
(iii) A psychological screening; 1017
(iv) A shooting proficiency test; and 1018
(v) An annual recertification training. 1019
(b) A law enforcement training academy may provide 1020
School Safety Guardian training to any employee of a school or 1021
school district who: 1022
(i) Holds a license to carry a concealed handgun 1023
issued under Section 45-9-101; 1024
(ii) Has an endorsement authorized by Section 1025
97-37-7; and 1026
(iii) Has current certification in CPR and First 1027
Aid. 1028
(c) The department may establish a fee in an amount 1029
that is sufficient to cover the costs of the training program 1030
under this section to be paid to the training academy by the 1031
governing body of the school. 1032
(d) The department shall adopt rules to administer this 1033
section, including a method to identify license holders who have 1034
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 43 (ELS\KP)

completed a School Safety Guardian training certification course 1035
and setting a fee to be charged by the department for the issuance 1036
or reissuance of identification of the license holder as being 1037
certified. 1038
(e) The department shall adopt rules and regulations 1039
that require review of the firearms training policies and 1040
procedures of school districts that authorized its employees to 1041
carry concealed firearms as part of a school safety program before 1042
the effective date of this section. Upon review of such rules and 1043
regulations, if the department determines that such district's 1044
policies and procedures conform to the department's training 1045
standards under the authority of this section, the department 1046
shall approve such district's policies and procedures and all 1047
employees of such school district that have completed the approved 1048
training shall receive all authority and protections provided by 1049
this section to carry concealed firearms as part of an approved 1050
school safety guardian program. However, if the department 1051
determines that such district's policies and procedures fail to 1052
conform to the department's training standards under the authority 1053
of this section, the employees of the district shall be required 1054
to comply with the requirements under this section to carry 1055
concealed firearms as part of an approved school safety guardian 1056
program. 1057
(9) A person who is indicted or charged with a violation of 1058
criminal law while acting as a School Safety Guardian may assert 1059
H. B. No. 575 *HR43/R950* ~ OFFICIAL ~
26/HR43/R950
PAGE 44 (ELS\KP)
ST: Department of Information Technology
Services; require all state agencies to use for
computer equipment and services.
as a defense, in addition to any other defense available, that, at 1060
the time of the action in question, the person was a certified 1061
School Safety Guardian, was then actually engaged in the 1062
performance of the person's duties as a School Safety Guardian, 1063
and had met the requirements of this section at the time of the 1064
action in question. 1065
(10) Records relating to the identities of any person 1066
designated by the school's governing body to serve as a School 1067
Safety Guardian shall be exempt from the provisions of the 1068
Mississippi Public Records Act of 1983. 1069
(11) Subject to appropriation and any other requirements 1070
provided by law, the Office of Homeland Security may contract with 1071
a third-party vendor for mobile phone applications * * * to 1072
accomplish the purposes of this section. 1073
SECTION 11. This act shall take effect and be in force from 1074
and after July 1, 2026. 1075