Mississippi Department of Emergency Management; establish.

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To: Government Structure;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Harkins

SENATE BILL NO. 2580

AN ACT ESTABLISHING THE MISSISSIPPI DEPARTMENT OF EMERGENCY 1
MANAGEMENT WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT IN 2
ORDER TO HOUSE EMERGENCY MANAGEMENT SUB-AGENCIES, UNITS, AND/OR 3
OFFICES WITHIN STATE GOVERNMENT; TO ASSIGN AUTHORITIES TO THE 4
EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF EMERGENCY 5
MANAGEMENT; TO ESTABLISH THE MISSISSIPPI EMERGENCY MANAGEMENT 6
AGENCY AS AN OFFICE OF THE MISSISSIPPI DEPARTMENT OF EMERGENCY 7
MANAGEMENT; TO TRANSFER THE MISSISSIPPI EMERGENCY COMMUNICATIONS 8
AUTHORITY FROM UNDER THE PURVIEW OF THE MISSISSIPPI EMERGENCY 9
MANAGEMENT AGENCY TO AN OFFICE UNDER THE PURVIEW OF THE 10
MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO ESTABLISH AN 11
OFFICE OF ADMINISTRATIVE SERVICES WITHIN THE MISSISSIPPI 12
DEPARTMENT OF EMERGENCY MANAGEMENT; TO AMEND SECTIONS 33-15-2, 13
33-15-5, 33-15-7, 33-15-11, 33-15-14, 33-15-15, 33-15-19, 14
33-15-25, 33-15-31, 33-15-51, 33-15-53, 33-15-305, 33-15-307, 15
33-15-308, 33-15-309, 33-15-311, 33-15-313, 33-15-317, 33-15-401, 16
33-15-403, 19-5-383, 19-5-385, 19-5-387 AND 19-5-393, MISSISSIPPI 17
CODE OF 1972, AND TO CODIFY SECTION 33-15-4, MISSISSIPPI CODE OF 18
1972, TO CONFORM; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Section 33-15-2, Mississippi Code of 1972, is 21
amended as follows: 22
33-15-2. (1) The Legislature finds and declares that the 23
state is vulnerable to a wide range of emergencies, including 24
natural, technological and man-made disasters, all of which 25
threaten the life, health and safety of its people; damage and 26
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destroy property; disrupt services and everyday business and 27
recreational activities; and impede economic growth and 28
development. The Legislature further finds that this 29
vulnerability is exacerbated by the growth in the state's number 30
of persons with special needs. This growth has greatly 31
complicated the state's ability to coordinate its emergency 32
management resources and activities. 33
(2) It is the intent of the Legislature to reduce the 34
vulnerability of the people and property of this state; to prepare 35
for efficient evacuation and shelter of threatened or affected 36
persons; to provide for the rapid and orderly provision of relief 37
to persons and for the coordination of activities relating to 38
emergency preparedness, response, recovery and mitigation among 39
and between agencies and officials of this state, with similar 40
agencies and officials of other states, with local and federal 41
governments, with interstate organizations and with the private 42
sector. 43
(3) It is further the intent of the Legislature to promote 44
the state's emergency preparedness, response, recovery and 45
mitigation capabilities through enhanced coordination, long-term 46
planning and adequate funding. State policy for responding to 47
disasters is to support local emergency response efforts. In the 48
case of a major or catastrophic disaster, however, the needs of 49
residents and communities will likely be greater than local 50
resources. In these situations, the state must be capable of 51
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providing effective, coordinated and timely support to communities 52
and the public. Therefore, the Legislature determines and 53
declares that the provisions of this article fulfill an important 54
state interest. 55
(4) It is also the intent of the Legislature to meet the 56
purpose of this article by consolidating emergency management 57
functions throughout state government in a department within the 58
executive branch. 59
SECTION 2. The following shall be codified as Section 60
33-15-4, Mississippi Code of 1972: 61
33-15-4. (1) There is hereby created within the executive 62
branch of the state government a department called the Mississippi 63
Department of Emergency Management that shall house all 64
sub-agencies and/or offices with primary missions within the areas 65
of emergency management. 66
(2) The department shall be led by an Executive Director of 67
Emergency Management who shall be appointed by the Governor; he 68
shall hold office during the pleasure of the Governor and shall be 69
compensated as determined by any appropriation that may be made by 70
the Legislature for such purposes. 71
(3) The director, with the approval of the Governor, may 72
employ such technical, clerical, stenographic and other personnel, 73
to be compensated as provided in any appropriation that may be 74
made for such purpose, and may make such expenditures within the 75
appropriation therefor, or from other funds made available to him 76
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for purposes of emergency management, as may be necessary to carry 77
out the purposes of this article. 78
(4) The director and other personnel of the Emergency 79
Management Department shall be provided with appropriate office 80
space, furniture, equipment, supplies, stationery and printing in 81
the same manner as provided for other state agencies. 82
(5) The director, subject to the direction and control of 83
the Governor, shall be the executive head of the Department of 84
Emergency Management and shall be responsible to the Governor for 85
carrying out the program for emergency management of this state. 86
He shall coordinate the activities of all organizations for 87
emergency management within the state, and shall maintain liaisons 88
with and cooperate with emergency management agencies and 89
organizations of other states and of the federal government, and 90
shall have such additional authority, duties, and responsibilities 91
authorized by this article as may be prescribed by the Governor. 92
(6) Notwithstanding any provision of law to the contrary, 93
the director shall appoint heads of offices and/or sub-agencies, 94
who shall serve at the pleasure of the director. The director 95
shall have the authority to organize the offices, units, and/or 96
sub-agencies within the department as deemed appropriate to carry 97
out the responsibilities of the department. The director may 98
assign to the appropriate offices, units, and/or sub-agencies such 99
powers and duties as deemed appropriate to carry out the 100
department's lawful functions. The organization charts of the 101
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department shall be presented annually with the budget request of 102
the Governor for review by the Legislature. 103
(7) The director shall establish the organizational 104
structure of the Department of Emergency Management which shall 105
include the creation of any sub-agencies, units, and/or offices 106
necessary to implement the duties assigned to the department and 107
consistent with specific requirements of law. 108
(8) The director may also delegate his authorities under 109
this article as deemed necessary and appropriate to carry out the 110
department's lawful functions. 111
(9) The department shall have the following duties and 112
responsibilities, including, but not limited to: 113
(a) In accordance with Section 33-15-15, create, 114
implement, administer, promulgate, amend, and rescind rules 115
regarding the development of the Mississippi Disaster Reservist 116
Program. 117
(b) Administer, as necessary, eligible legacy CMRS 118
reimbursements of infrastructure costs using funds appropriated by 119
the Legislature for such purposes which are deposited into the 120
State NG911 Fund. Such reimbursements shall be for compliance 121
with legacy emergency communications services and processed 122
through the Office of Administrative Services. 123
SECTION 3. Section 33-15-5, Mississippi Code of 1972, is 124
amended as follows: 125
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33-15-5. The following words, whenever used in this article 126
shall, unless a different meaning clearly appears from the 127
context, have the following meanings: 128
(a) " * * *MEMA" means the Mississippi Emergency 129
Management Agency, created by Section 33-15-7. 130
(b) "Director" means the Executive Director of the 131
Department of Emergency Management, appointed pursuant to 132
Section * * * 33-15-4. 133
(c) "Department" means the Mississippi Department of 134
Emergency Management. 135
(d) "Deputy" means the official heads of each 136
sub-agency, unit or office as appointed by the director. 137
( * * *e) "Emergency management" means the preparation 138
for, the mitigation of, the response to, and the recovery from 139
emergencies and disasters. Specific emergency management 140
responsibilities include, but are not limited to: 141
(i) Reduction of vulnerability of people and 142
communities of this state to damage, injury and loss of life and 143
property resulting from natural, technological or man-made 144
emergencies or hostile military paramilitary action. 145
(ii) Preparation for prompt and efficient response 146
and recovery to protect lives and property affected by 147
emergencies. 148
(iii) Response to emergencies using all systems, 149
plans and resources necessary to preserve adequately the health, 150
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safety and welfare of persons or property affected by the 151
emergency. 152
(iv) Recovery from emergencies by providing for 153
the rapid and orderly start of restoration and rehabilitation of 154
persons and property affected by emergencies. 155
(v) Provision of an emergency management system 156
embodying all aspects of preemergency preparedness and 157
postemergency response, recovery and mitigation. 158
(vi) Assistance in anticipation, recognition, 159
appraisal, prevention and mitigation of emergencies which may be 160
caused or aggravated by inadequate planning for, and regulation of 161
public and private facilities and land use. 162
( * * *f) "Civil defense," whenever it appears in the 163
laws of the State of Mississippi, shall mean "emergency 164
management" unless the context clearly indicates otherwise. 165
( * * *g) "State of war emergency" means the condition 166
which exists immediately, with or without a proclamation thereof 167
by the Governor, whenever this state or nation is attacked by an 168
enemy of the United States or upon receipt by the state of a 169
warning from the federal government indicating that such an attack 170
is probable or imminent. 171
( * * *h) "State of emergency" means the duly 172
proclaimed existence of conditions of disaster or extreme peril to 173
the safety of persons or property within the state caused by air 174
or water pollution, fire, flood, storm, epidemic, earthquake, 175
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hurricane, resource shortages, or other natural or man-made 176
conditions other than conditions causing a "state of war 177
emergency," which conditions by reasons of their magnitude are or 178
are likely to be beyond the control of the services, personnel, 179
equipment and facilities of any single county and/or municipality 180
and requires combined forces of the state to combat. 181
( * * *i) "Local emergency" means the duly proclaimed 182
existence of conditions of disaster or extreme peril to the safety 183
of persons and property within the territorial limits of a county 184
and/or municipality caused by such conditions as air or water 185
pollution, fire, flood, storm, epidemic, earthquake, hurricane, 186
resource shortages or other natural or man-made conditions, which 187
conditions are or are likely to be beyond the control of the 188
services, personnel, equipment and facilities of the political 189
subdivision and require the combined forces of other subdivisions 190
or of the state to combat. 191
( * * *j) "Emergency" means any occurrence, or threat 192
thereof, whether natural, technological, or man-made, in war or in 193
peace, which results or may result in substantial injury or harm 194
to the population or substantial damage to or loss of property. 195
( * * *k) "Man-made emergency" means an emergency 196
caused by an action against persons or society, including, but not 197
limited to, emergency attack, sabotage, terrorism, civil unrest or 198
other action impairing the orderly administration of government. 199
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( * * *l) "Natural emergency" means an emergency caused 200
by a natural event, including, but not limited to, a hurricane, a 201
storm, a flood, severe wave action, a drought or an earthquake. 202
( * * *m) "Technological emergency" means an emergency 203
caused by a technological failure or accident, including, but not 204
limited to, an explosion, transportation accident, radiological 205
accident, or chemical or other hazardous material incident. 206
( * * *n) "Local emergency management agency" means an 207
organization created to discharge the emergency management 208
responsibilities and functions of a political subdivision. 209
( * * *o) "Disaster" means any natural, technological 210
or civil emergency as defined in this section that causes damage 211
of sufficient severity and magnitude to result in a declaration of 212
an emergency by a county or municipality, the Governor or the 213
President of the United States. Disasters shall be identified by 214
the severity of resulting damage, as follows: 215
(i) "Catastrophic disaster" means a disaster that 216
will require massive state and federal assistance, including 217
immediate military involvement. 218
(ii) "Major disaster" means a disaster that will 219
likely exceed local capabilities and require a broad range of 220
state and federal assistance. 221
(iii) "Minor disaster" means a disaster that is 222
likely to be within the response capabilities of local government 223
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and to result in only a minimal need for state or federal 224
assistance. 225
( * * *p) "Disaster Reservist" means any person hired 226
on a temporary basis pursuant to State Personnel Board policies 227
and procedures regulating personal service contracts, that is 228
hired to perform specific tasks related to a Governor's State of 229
Emergency, or by an emergency or disaster declaration of the 230
President of the United States, by the agency, and is assigned to 231
perform such duties as may be required under the direction of the 232
appropriate * * * supervisor. 233
( * * *q) "Emergency impact area" means the area of the 234
state in which market conditions exist due to a state of emergency 235
creating a likelihood that prices ordinarily charged for goods and 236
services could be raised unfairly due to the underlying emergency. 237
( * * *r) "Political subdivision" means a local 238
government created by the State of Mississippi to assist in 239
fulfilling the state's obligations. The term "political 240
subdivision" includes levee districts. 241
SECTION 4. Section 33-15-7, Mississippi Code of 1972, is 242
amended as follows: 243
33-15-7. (a) There is hereby created within the * * * 244
Mississippi Department of Emergency Management the Office of the 245
Mississippi Emergency Management Agency with a deputy 246
director * * * who shall be appointed by the * * * Director of the 247
Department of Emergency Management established in Section 33-15-4; 248
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he or she shall hold office during the pleasure of the * * * 249
director. 250
(b) * * * The deputy director shall execute all duties 251
assigned by the director to ensure the success and lawful 252
functions of MEMA. With the oversight and approval of the 253
director, the deputy director shall ensure all of the authorities 254
provided to MEMA are performed in accordance with this article. 255
* * * 256
SECTION 5. Section 33-15-11, Mississippi Code of 1972, is 257
amended as follows: 258
33-15-11. (a) The Governor shall have general direction and 259
control of the activities of the * * * Department of Emergency 260
Management and shall be responsible for the carrying out of the 261
provisions of this article, and in the event of a man-made, 262
technological or natural disaster or emergency beyond local 263
control, may assume direct operational control over all or any 264
part of the emergency management functions within this state. 265
(b) In performing his duties under this article, the 266
Governor is further authorized and empowered: 267
(1) To make, amend and rescind the necessary orders, 268
rules and regulations to carry out the provisions of this article 269
with due consideration of the plans of the federal government, and 270
to enter into disaster assistance grants and agreements with the 271
federal government under the terms as may be required by federal 272
law. 273
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(2) To work with the Mississippi * * * Department of 274
Emergency Management in preparing a comprehensive plan and program 275
for the emergency management of this state, such plan and program 276
to be integrated into and coordinated with the emergency 277
management plans of the federal government and of other states to 278
the fullest possible extent, and to coordinate the preparation of 279
plans and programs for emergency management by the political 280
subdivisions of this state, such local plans to be integrated into 281
and coordinated with the emergency management plan and program of 282
this state to the fullest possible extent. 283
(3) In accordance with such plan and program for 284
emergency management of this state, to ascertain the requirements 285
of the state or the political subdivisions thereof for food or 286
clothing or other necessities of life in the event of attack or 287
natural or man-made or technological disasters and to plan for and 288
procure supplies, medicines, materials and equipment, and to use 289
and employ from time to time any of the property, services and 290
resources within the state, for the purposes set forth in this 291
article; to make surveys of the industries, resources and 292
facilities within the state as are necessary to carry out the 293
purposes of this article; to institute training programs and 294
public information programs, and to take all other preparatory 295
steps, including the partial or full mobilization of emergency 296
management organizations in advance of actual disaster, to insure 297
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the furnishing of adequately trained and equipped forces of 298
emergency management personnel in time of need. 299
(4) To cooperate with the President and the heads of 300
the Armed Forces, and the Emergency Management Agency of the 301
United States, and with the officers and agencies of other states 302
in matters pertaining to the emergency management of the state and 303
nation and the incidents thereof; and in connection therewith, to 304
take any measures which he may deem proper to carry into effect 305
any request of the President and the appropriate federal officers 306
and agencies, for any action looking to emergency management, 307
including the direction or control of (a) blackouts and practice 308
blackouts, air raid drills, mobilization of emergency management 309
forces, and other tests and exercises, (b) warnings and signals 310
for drills or attacks and the mechanical devices to be used in 311
connection therewith, (c) the effective screening or extinguishing 312
of all lights and lighting devices and appliances, (d) shutting 313
off water mains, gas mains, electric power connections and the 314
suspension of all other utility services, (e) the conduct of 315
civilians and the movement and cessation of movement of 316
pedestrians and vehicular traffic during, prior and subsequent to 317
drills or attack, (f) public meetings or gatherings under 318
emergency conditions, and (g) the evacuation and reception of the 319
civilian population. 320
(5) To take such action and give such directions to 321
state and local law enforcement officers and agencies as may be 322
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reasonable and necessary for the purpose of securing compliance 323
with the provisions of this article and with the orders, rules and 324
regulations made pursuant thereto. 325
(6) To employ such measures and give such directions to 326
the state or local boards of health as may be reasonably necessary 327
for the purpose of securing compliance with the provisions of this 328
article or with the findings or recommendations of such boards of 329
health by reason of conditions arising from enemy attack or the 330
threat of enemy attack or natural, man-made or technological 331
disaster. 332
(7) To utilize the services and facilities of existing 333
officers and agencies of the state and of the political 334
subdivisions thereof; and all such officers and agencies shall 335
cooperate with and extend their services and facilities to the 336
Governor as he may request. 337
(8) To establish agencies and offices and to appoint 338
executive, technical, clerical and other personnel as may be 339
necessary to carry out the provisions of this article including, 340
with due consideration to the recommendation of the local 341
authorities, part-time or full-time state and regional area 342
directors. 343
(9) To delegate any authority vested in him under this 344
article, and to provide for the subdelegation of any such 345
authority. 346
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(10) On behalf of this state to enter into reciprocal 347
aid agreements or compacts with other states and the federal 348
government, either on a statewide basis or local political 349
subdivision basis or with a neighboring state or province of a 350
foreign country. Such mutual aid arrangements shall be limited to 351
the furnishings or exchange of food, clothing, medicine and other 352
supplies; engineering services; emergency housing; police 353
services; national or state guards while under the control of the 354
state; health, medical and related services; firefighting, rescue, 355
transportation and construction services and equipment; personnel 356
necessary to provide or conduct these services; and such other 357
supplies, equipment, facilities, personnel and services as may be 358
needed; the reimbursement of costs and expenses for equipment, 359
supplies, personnel and similar items for mobile support units, 360
firefighting and police units and health units; and on such terms 361
and conditions as are deemed necessary. 362
(11) To sponsor and develop mutual aid plans and 363
agreements between the political subdivisions of the state, 364
similar to the mutual aid arrangements with other states referred 365
to above. 366
(12) To collect information and data for assessment of 367
vulnerabilities and capabilities within the borders of Mississippi 368
as it pertains to the nation and state's security and homeland 369
defense. This information shall be exempt from the Mississippi 370
Public Records Act, Section 25-61-1 et seq. 371
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(13) Authorize any agency or arm of the state to create 372
a special emergency management revolving fund, accept donations, 373
contributions, fees, grants, including federal funds, as may be 374
necessary for such agency or arm of the state to administer its 375
functions of this article as set forth in the Executive Order of 376
the Governor. 377
(14) To authorize the Commissioner of Public Safety to 378
select, train, organize and equip a ready reserve of auxiliary 379
highway patrolmen. 380
(15) To suspend or limit the sale, dispensing or 381
transportation of alcoholic beverages, firearms, explosives and 382
combustibles. 383
(16) To control, restrict and regulate by rationing, 384
freezing, use of quotas, prohibitions on shipments, price-fixing, 385
allocation or other means, the use, sale or distribution of food, 386
feed, fuel, clothing and other commodities, materials, goods or 387
services. 388
(17) To proclaim a state of emergency in an area 389
affected or likely to be affected thereby when he finds that the 390
conditions described in Section 33-15-5(g) exist, or when he is 391
requested to do so by the mayor of a municipality or by the 392
president of the board of supervisors of a county, or when he 393
finds that a local authority is unable to cope with the emergency. 394
Such proclamation shall be in writing and shall take effect 395
immediately upon its execution by the Governor. As soon 396
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thereafter as possible, such proclamation shall be filed with the 397
Secretary of State and be given widespread notice and publicity. 398
The Governor, upon advice of the director, shall review the need 399
for continuing the state of emergency at least every thirty (30) 400
days until the emergency is terminated and shall proclaim a 401
reduction of area or the termination of the state of emergency at 402
the earliest possible date that conditions warrant. 403
(18) To declare an emergency impact area when he finds 404
that the conditions described in Section 33-15-5(o) exist. The 405
proclamation shall be in writing and shall take effect immediately 406
upon its execution by the Governor. As soon as possible, the 407
proclamation shall be filed with the Secretary of State and be 408
given widespread notice and publicity. The Governor shall review 409
the need for continuing the declaration of emergency impact area 410
at least every thirty (30) days until the emergency is terminated, 411
and shall proclaim the reduction of the emergency impact area or 412
termination of the declaration of emergency impact area at the 413
earliest date or dates possible. 414
(c) In addition to the powers conferred upon the Governor in 415
this section, the Legislature hereby expressly delegates to the 416
Governor the following powers and duties in the event of an 417
impending enemy attack, an enemy attack, or a man-made, 418
technological or natural disaster where such disaster is beyond 419
local control: 420
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(1) To suspend the provisions of any regulatory statute 421
prescribing the procedures for conduct of state business, or the 422
orders, rules or regulations of any state agency, if strict 423
compliance with the provisions of any statute, order, rule or 424
regulation would in any way prevent, hinder or delay necessary 425
action in coping with a disaster or emergency. 426
(2) To transfer the direction, personnel or functions 427
of state agencies, boards, commissions or units thereof for the 428
purpose of performing or facilitating disaster or emergency 429
services. 430
(3) To commandeer or utilize any private property if 431
necessary to cope with a disaster or emergency, provided that such 432
private property so commandeered or utilized shall be paid for 433
under terms and conditions agreed upon by the participating 434
parties. The owner of said property shall immediately be given a 435
receipt for the said private property and said receipt shall serve 436
as a valid claim against the Treasury of the State of Mississippi 437
for the agreed upon market value of said property. 438
(4) To perform and exercise such other functions, 439
powers and duties as may be necessary to promote and secure the 440
safety and protection of the civilian population in coping with a 441
disaster or emergency. 442
(d) This section does not authorize the Governor or a 443
designee of the Governor to act in contravention of Section 444
33-7-303. 445
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SECTION 6. Section 33-15-14, Mississippi Code of 1972, is 446
amended as follows: 447
33-15-14. (1) * * * MEMA is responsible for maintaining a 448
comprehensive statewide program of emergency management. The 449
agency is responsible for coordination with efforts of the federal 450
government with other departments and agencies of state 451
government, with county and municipal governments and school 452
boards and with private agencies that have a role in emergency 453
management. 454
(2) In performing its duties under this article, * * * MEMA 455
shall: 456
(a) Work with the Governor, or his representative, in 457
preparing a State Comprehensive Emergency Management Plan of this 458
state, which shall be integrated into and coordinated with the 459
emergency management plans of the federal government and of other 460
states to the fullest possible extent, and to coordinate the 461
preparation of plans and programs for emergency management by the 462
political subdivisions of the state, such local plans to be 463
integrated into and coordinated with the emergency plan and 464
program of this state. The plan must contain provisions to ensure 465
that the state is prepared for emergencies and minor, major and 466
catastrophic disasters, and * * * MEMA shall work closely with 467
local governments and agencies and organizations with emergency 468
management responsibilities in preparing and maintaining the plan. 469
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The State Comprehensive Emergency Management Plan will be 470
operations oriented and: 471
(i) Include an evacuation component that includes 472
specific regional and interregional planning provisions and 473
promotes intergovernmental coordination of evacuation activities. 474
This component must, at a minimum: ensure coordination pertaining 475
to evacuees crossing county lines; set forth procedures for 476
directing people caught on evacuation routes to safe shelter; and 477
establish policies and strategies for emergency medical 478
evacuations. 479
(ii) Include a shelter component that includes 480
specific regional and interregional planning provisions and 481
promotes coordination of shelter activities between the public, 482
private and nonprofit sectors. This component must, at a minimum: 483
contain strategies to ensure the availability of adequate public 484
shelter space in each region of the state; establish strategies 485
for refuge-of-last-resort programs; provide strategies to assist 486
local emergency management efforts to ensure that adequate 487
staffing plans exist for all shelters, including medical and 488
security personnel; provide for a postdisaster communications 489
system for public shelters; establish model shelter guidelines for 490
operations, registration, inventory, power generation capability, 491
information management and staffing; and set forth policy guidance 492
for sheltering people with special needs. 493
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(iii) Include a postdisaster response and recovery 494
component that includes specific regional and interregional 495
planning provisions and promotes intergovernmental coordination of 496
postdisaster response and recovery activities. This component 497
must provide for postdisaster response and recovery strategies 498
according to whether a disaster is minor, major or catastrophic. 499
The postdisaster response and recovery component must, at a 500
minimum: establish the structure of the state's postdisaster 501
response and recovery organization; establish procedures for 502
activating the state's plan; set forth policies used to guide 503
postdisaster response and recovery activities; describe the chain 504
of command during the postdisaster response and recovery period; 505
describe initial and continuous postdisaster response and recovery 506
actions; identify the roles and responsibilities of each involved 507
agency and organization; provide for a comprehensive 508
communications plan; establish procedures for monitoring mutual 509
aid agreements; provide for rapid impact assessment teams; ensure 510
the availability of an effective statewide urban search and rescue 511
program coordinated with the fire services; ensure the existence 512
of a comprehensive statewide medical care and relief plan 513
administered by the State Department of Health; and establish 514
systems for coordinating volunteers and accepting and distributing 515
donated funds and goods. 516
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(iv) Include additional provisions addressing 517
aspects of preparedness, response and recovery, as determined 518
necessary by * * * MEMA. 519
(v) Address the need for coordinated and 520
expeditious deployment of state resources, including the 521
Mississippi National Guard. In the case of an imminent major 522
disaster, procedures should address predeployment of the 523
Mississippi National Guard, and, in the case of an imminent 524
catastrophic disaster, procedures should address predeployment of 525
the Mississippi National Guard and the United States Armed Forces. 526
This subparagraph (v) does not authorize the agency to call out 527
and deploy the Mississippi National Guard, which authority and 528
determination rests solely with the Governor. 529
(vi) Establish a system of communications and 530
warning to ensure that the state's population and emergency 531
management agencies are warned of developing emergency situations 532
and can communicate emergency response decisions. 533
(vii) Establish guidelines and schedules for 534
annual exercises that evaluate the ability of the state and its 535
political subdivisions to respond to minor, major and catastrophic 536
disasters and support local emergency management agencies. Such 537
exercises shall be coordinated with local governments and, to the 538
extent possible, the federal government. 539
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(viii) 1. Assign lead and support 540
responsibilities to state agencies and personnel for emergency 541
support functions and other support activities. 542
2. * * * MEMA shall prepare an interim 543
postdisaster response and recovery component that substantially 544
complies with the provisions of this paragraph (a). Each state 545
agency assigned lead responsibility for an emergency support 546
function by the State Comprehensive Emergency Management Plan 547
shall also prepare a detailed operational plan needed to implement 548
its responsibilities. The complete State Comprehensive Emergency 549
Management Plan shall be submitted to the Governor no later than 550
January 1, 1996, and on January 1 of every even-numbered year 551
thereafter. 552
(b) Adopt standards and requirements for county 553
emergency management plans. The standards and requirements must 554
ensure that county plans are coordinated and consistent with the 555
State Comprehensive Emergency Management Plan. If a municipality 556
elects to establish an emergency management program, it must adopt 557
a city emergency management plan that complies with all standards 558
and requirements applicable to county emergency management plans. 559
(c) Assist political subdivisions in preparing and 560
maintaining emergency management plans. 561
(d) Review periodically political subdivision emergency 562
management plans for consistency with the State Comprehensive 563
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Emergency Management Plan and standards and requirements adopted 564
under this section. 565
(e) Make recommendations to the Legislature, building 566
code organizations and political subdivisions for zoning, building 567
and other land use controls, safety measures for securing mobile 568
homes or other nonpermanent or semipermanent structures; and other 569
preparedness, prevention and mitigation measures designed to 570
eliminate emergencies or reduce their impact. 571
(f) In accordance with the State Comprehensive 572
Emergency Management Plan and program for emergency management, 573
ascertain the requirements of the state, its political 574
subdivisions and the Mississippi Band of Choctaw Indians for 575
equipment and supplies of all kinds in the event of an emergency; 576
plan for and either procure supplies, medicines, materials and 577
equipment or enter into memoranda of agreement or open purchase 578
orders that will ensure their availability; and use and employ 579
from time to time any of the property, services and resources 580
within the state in accordance with this article. 581
(g) Anticipate trends and promote innovations that will 582
enhance the emergency management system. 583
(h) Prepare and distribute to appropriate state and 584
local officials catalogs of federal, state and private assistance 585
programs. 586
(i) Implement training programs to improve the ability 587
of state and local emergency management personnel to prepare and 588
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implement emergency management plans and programs, and require all 589
local civil defense directors or emergency management directors to 590
complete such training as a condition to their authority to 591
continue service in their emergency management positions. 592
(j) Review periodically emergency operating procedures 593
of state agencies and recommend revisions as needed to ensure 594
consistency with the State Comprehensive Emergency Management Plan 595
and program. 596
(k) Prepare, in advance whenever possible, such 597
executive orders, proclamations and rules for issuance by the 598
Governor as are necessary or appropriate for coping with 599
emergencies and disasters. 600
(l) Cooperate with the federal government and any 601
public or private agency or entity in achieving any purpose of 602
this article. 603
(m) Assist political subdivisions with the creation and 604
training of urban search and rescue teams and promote the 605
development and maintenance of a state urban search and rescue 606
program. 607
(n) Delegate, as necessary and appropriate, authority 608
vested in it under this article and provide for the subdelegation 609
of such authority. 610
(o) Require each county or municipality to designate an 611
agent for working with * * * MEMA in the event of a natural 612
disaster. The county or municipality may designate any person as 613
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agent who has completed training programs required of emergency 614
management directors. 615
(p) Provide a report biennially to the director to 616
present to the Governor and the President of the Senate, and the 617
Speaker of the House of Representatives, no later than January 1 618
of every odd-numbered year, the status of the emergency management 619
capabilities of the state and its political subdivisions. 620
(q) In accordance with Section 25-43-1 et seq., create, 621
implement, administer, promulgate, amend and rescind rules, 622
programs and plans needed to carry out the provisions of this 623
article with due consideration for, and in cooperating with, the 624
plans and programs of the federal government. 625
(r) Have the * * * power and discretion, upon the 626
approval of the director and through the department's Office of 627
Administrative Services, to enter into, sign, execute and deliver 628
long-term or multiyear leases of real and personal property with 629
other state and federal agencies. 630
(s) Do other things necessary, incidental or 631
appropriate for the implementation of this article. 632
* * * 633
( * * *t) Unless otherwise instructed by the Governor, 634
sponsor and develop mutual aid plans and agreements between the 635
political subdivisions of the state and the Mississippi Band of 636
Choctaw Indians similar to the mutual aid arrangements with other 637
states referenced in Section 33-15-11(b)(10). 638
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( * * *u) Serve as the statewide coordinator for 639
Emergency Communications, including 911, E911, NG911 and all other 640
related functions. 641
* * * 642
SECTION 7. Section 33-15-15, Mississippi Code of 1972, is 643
amended as follows: 644
33-15-15. (a) The * * * department is authorized to 645
provide, within or without the state, such support from available 646
personnel, equipment and other resources of state agencies and the 647
political subdivisions of the state as may be necessary to 648
reinforce emergency management agencies in areas stricken by 649
emergency. Such support shall be rendered with due consideration 650
of the plans of the federal government, this state, the other 651
states and of the criticalness of the existing situation. 652
Emergency management support forces shall be called to duty upon 653
orders of the * * * department and shall perform their functions 654
in any part of the state, or, upon the conditions specified in 655
this section, in other states. 656
(b) Personnel of emergency management support forces while 657
on duty, whether within or without the state, shall: 658
(1) If they are employees of the state, have the 659
powers, duties, rights, privileges and immunities and receive the 660
compensation incidental to their employment; 661
(2) If they are employees of a political subdivision of 662
the state, and whether serving within or without such political 663
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subdivision, have the powers, duties, rights, privileges and 664
immunities and receive the compensation incidental to their 665
employment; and 666
(3) If they are not employees of the state or a 667
political subdivision thereof, be entitled to compensation by the 668
state at a rate commensurate with their duties and 669
responsibilities and to the same rights and immunities as are 670
provided by law for the employees of this state. 671
All personnel of emergency management support forces shall, 672
while on duty, be subject to the operational control of the 673
authority in charge of emergency management activities in the area 674
in which they are serving, and shall be reimbursed for all actual 675
and necessary travel and subsistence expenses, and for death, 676
disability or injury to such personnel while on such emergency 677
duty as a member of an emergency management support force, the 678
state shall pay compensation to the heirs in event of death or the 679
individual in event of injury or disability in accordance with 680
payment schedules contained in the Mississippi Workers' 681
Compensation Law. 682
(c) The state shall reimburse a political subdivision for 683
the actual and necessary travel, subsistence and maintenance 684
expenses of employees of such political subdivision while serving 685
as members of an emergency management support force, and for all 686
payments for death, disability or injury of such employees 687
incurred in the course of such duty, and for all losses of or 688
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damage to supplies and equipment of such political subdivision 689
resulting from the operation of such emergency management support 690
force. The state may also reimburse a political subdivision for 691
employees' overtime while deployed as members of an emergency 692
management support force and backfill of deployed forces when 693
determined by the director to be necessary to avoid serious 694
financial consequences for the political subdivision providing 695
support and when requested by the chief elected official of the 696
political subdivision stating the circumstances for the request. 697
(d) Whenever an emergency management support force of 698
another state shall render aid in this state pursuant to the 699
orders of the governor of its home state and upon the request of 700
the Governor of this state, the personnel thereof shall have the 701
powers, duties, rights, privileges and immunities of emergency 702
management personnel serving in similar capacities in this state, 703
except compensation, and this state shall reimburse such other 704
state for the compensation paid and actual and necessary travel, 705
subsistence and maintenance expenses of the personnel of such 706
emergency management support force while rendering such aid, and 707
for all payments for death, disability or injury of such personnel 708
incurred in the course of rendering such aid, and for all losses 709
of or damage to supplies and equipment of such other state or a 710
political subdivision thereof resulting from the rendering of such 711
aid; provided that the laws of such other state contain provisions 712
substantially similar to this section. 713
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(e) No personnel of emergency management support forces of 714
this state shall be ordered by the Governor to operate in any 715
other state unless the laws of such other state contain provisions 716
substantially similar to this section. 717
SECTION 8. Section 33-15-19, Mississippi Code of 1972, is 718
amended as follows: 719
33-15-19. (a) The governing body of a municipality or 720
county of the state is authorized to participate in the Statewide 721
Mutual Aid Compact (SMAC) established by * * * MEMA as a mechanism 722
to standardize mutual aid arrangements between jurisdictions 723
within the state. * * * MEMA is authorized to present the SMAC to 724
the Mississippi Band of Choctaw Indians' Tribal Council for its 725
consideration and approval. SMAC provides guidelines for 726
requesting and receiving mutual aid, liability protection and 727
reimbursement procedures for providing such aid. The governing 728
body of each political subdivision of the state is strongly 729
encouraged to sign and ratify the SMAC for mutual aid between 730
their jurisdiction and other cities or counties within the state 731
as well as the Mississippi Band of the Choctaw Indians. A copy of 732
this agreement must be signed by the senior elected official of 733
the jurisdiction and the director and will be maintained on file 734
by * * * MEMA. 735
(b) Political subdivisions of the state, including their 736
fire service agencies, are also authorized to develop and enter 737
into mutual aid agreements with other jurisdictions outside the 738
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state for reciprocal emergency aid and assistance in case of 739
emergencies too extensive to be dealt with unassisted. This shall 740
also include emergencies outside the state in which it is 741
geographically reasonable for a political subdivision of this 742
state, or its fire service, to respond. Copies of the agreements 743
shall be sent to * * * MEMA and shall be consistent with the State 744
Comprehensive Emergency Management Plan and program, and in time 745
of emergency it shall be the duty of each local emergency 746
management organization to render assistance in accordance with 747
the provisions of such mutual aid agreements. 748
(c) The Governor may enter into compacts with any state or 749
group of states if he finds that joint action with that state or 750
group of states is desirable in meeting common intergovernmental 751
problems of emergency management planning or emergency prevention, 752
mitigation, response and recovery. 753
(1) Political subdivisions of the state, including 754
their fire service agencies, shall not be liable for the death of 755
or any injury to persons, or damage to property and all other 756
protections provided in Section 33-15-21(a), as a result of mutual 757
aid agreements entered into pursuant to this section. 758
(2) Employees of a political subdivision of this state 759
shall have the powers, duties, rights, privileges and immunities 760
and receive the compensation incidental to their employment and 761
all other benefits provided by Section 33-15-15. 762
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SECTION 9. Section 33-15-25, Mississippi Code of 1972, is 763
amended as follows: 764
33-15-25. (a) The Governor of the State of Mississippi is 765
authorized to enter into agreements with the federal government 766
for the purpose of matching any federal funds that may be made 767
available for emergency management purposes, which shall include 768
purchasing emergency management equipment and supplies, to the 769
state on a matching basis. Provided, that no agreement shall 770
obligate the state for an amount greater than the appropriation 771
available for such purpose. The state's portion of the purchase 772
price of any emergency management equipment may be made available 773
from any appropriation made for such purposes. 774
(b) Any county board of supervisors or municipal governing 775
body may enter into agreement with the federal government with 776
approval of the State Director of Emergency Management for 777
matching funds which may be made available for emergency 778
management purposes, which shall include purchasing emergency 779
management equipment and supplies, by such county or municipality 780
in conjunction with any federal matching program and funds may be 781
expended from the general fund of such county or municipality or 782
from such other funds as may be available to such county or 783
municipality for emergency management purposes in order to provide 784
the county or municipal portion of funds necessary to carry out 785
such matching agreement. 786
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(c) * * * MEMA, through the department's Office of 787
Administrative Services, may withhold from any county board of 788
supervisors, municipality or not-for-profit entity a portion or 789
all of a subgrant whenever the agency determines that the county, 790
municipality or not-for-profit entity owes a refund on any past 791
subgrant project that was not completed as required. 792
SECTION 10. Section 33-15-31, Mississippi Code of 1972, is 793
amended as follows: 794
33-15-31. (a) The governing bodies of the political 795
subdivisions of the state and other agencies designated or 796
appointed by the Governor are authorized and empowered to make, 797
amend, and rescind such orders, rules, and regulations as may be 798
necessary for emergency management purposes and to supplement the 799
carrying out of the provisions of this article, but not 800
inconsistent with any orders, rules and regulations promulgated by 801
the Governor or by any state agency exercising a power delegated 802
to it by him. 803
(b) All orders, rules, and regulations promulgated by 804
the Governor, the Mississippi * * * Department of Emergency 805
Management, MEMA, or by any political subdivision or other agency 806
authorized by this article to make orders, rules and regulations, 807
shall have the full force and effect of law, when, in the event of 808
issuance by the Governor, or any state agency, a copy thereof is 809
filed in the office of the Secretary of State, or, if promulgated 810
by a political subdivision of the state or agency thereof, when 811
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filed in the office of the clerk of the political subdivision or 812
agency promulgating the same. All existing laws, ordinances, 813
rules and regulations inconsistent with the provisions of this 814
article, or of any order, rule, or regulation issued under the 815
authority of this article, shall be suspended during the period of 816
time and to the extent that such conflict, disaster or emergency 817
exists. 818
(c) In order to attain uniformity so far as practicable 819
throughout the country in measures taken to aid emergency 820
management, all action taken under this article and all orders, 821
rules and regulations made pursuant thereto, shall be taken or 822
made with due consideration to the orders, rules, regulations, 823
actions, recommendations, and requests of federal authorities 824
relevant thereto and, to the extent permitted by law, shall be 825
consistent with such orders, rules, regulations, actions, 826
recommendations and requests. 827
SECTION 11. Section 33-15-51, Mississippi Code of 1972, is 828
amended as follows: 829
33-15-51. The Grand Gulf Disaster Assistance Trust Fund is 830
hereby created as a special fund in the State Treasury to be 831
administered by the Mississippi Emergency Management Agency, 832
through the department's Office of Administrative Services. 833
Monies paid into the fund shall be derived from Sections 834
27-35-309(3)(b)(i) and (ii) and 27-35-309(3)(d). All monies 835
deposited therein shall be available for expenditure, transfer and 836
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allocation by the Mississippi Emergency Management Agency for 837
state and local preparedness activities directly related to the 838
Grand Gulf Nuclear Generating Plant, with at least fifty percent 839
(50%) of the monies in the fund earmarked for use in conducting 840
such activities in the geographic area falling within a 841
thirty-mile radius of the plant. 842
SECTION 12. Section 33-15-53, Mississippi Code of 1972, is 843
amended as follows: 844
33-15-53. The head of each state department, agency or 845
commission shall select from within such agency a person to be 846
designated as the emergency coordination officer for the agency 847
and an alternate. The emergency coordination officer is 848
responsible for coordinating with the Mississippi * * * Department 849
of Emergency Management on emergency preparedness issues, 850
preparing and maintaining emergency preparedness and postdisaster 851
response and recovery plans for such agency, maintaining rosters 852
of personnel to assist in disaster operations and coordinating 853
appropriate training for agency personnel. These individuals 854
shall be responsible for ensuring that each state facility, such 855
as a prison, office building or university, has a disaster 856
preparedness plan that is approved by the applicable local 857
emergency management agency or the division. The head of each 858
agency shall notify the Governor and the Mississippi * * * 859
Department of Emergency Management in writing of the person 860
initially designated as the emergency coordination officer for 861
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such agency and his alternate and of any changes in persons so 862
designated thereafter. 863
SECTION 13. Section 33-15-305, Mississippi Code of 1972, is 864
amended as follows: 865
33-15-305. The following terms shall have the meanings 866
ascribed in this section, unless the context requires otherwise: 867
(a) "Director" means the Deputy Director of the 868
Mississippi Emergency Management Agency appointed by the Executive 869
Director of the Mississippi Department of Emergency Management. 870
(b) "Disaster" means a fire, flood, storm, tornado, 871
hurricane, earthquake or other similar public calamity affecting 872
homeland security resulting directly from man-made, technological 873
or natural causes. 874
(c) "Local agency" means any municipality, county or 875
special district. 876
(d) "Local emergency" means the existence of conditions 877
of disaster or extreme peril to the safety of persons and property 878
within a county or municipality proclaimed by the local governing 879
body in accordance with Section 33-15-17(d). 880
(e) "Governor's authorized representative" means the 881
primary and alternate emergency management official designated by 882
the Governor to administer federal assistance programs on behalf 883
of the state and local governments and other grant or loan 884
recipients and is responsible for the state compliance with the 885
FEMA-State Agreement. 886
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(f) "Project" means the repair or restoration, or both, 887
other than normal maintenance, or the replacement of public real 888
property of a local agency or a state agency, including, but not 889
limited to, buildings, schools, levees, flood control works, 890
channels, irrigation works, city streets, county roads, bridges 891
and other public works, including those facilities used for 892
recreation purposes, that are damaged or destroyed by a disaster. 893
(g) "Project application" means the written application 894
made by a state or local agency to the director for federal and 895
state financial assistance, which shall include all damage to 896
public property that resulted from a disaster within the 897
jurisdiction of the agency making application. 898
(h) "Project worksheet" means the appropriate federal 899
form that must be used to prepare each eligible public assistance 900
project identifying the scope of work and a quantitative estimate 901
for the eligible work. 902
(i) "Regional response team" means the local government 903
regional response teams, the state response team and the capitol 904
complex response team. 905
(j) "State agency" means any agency, department, 906
commission, board, institution or special district of the state. 907
(k) "State of emergency" means the existence of 908
conditions of disaster or extreme peril to the safety of persons 909
or property within the state declared by the Governor in 910
accordance with Section 33-15-11(b)(16). 911
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(l) "Trust fund" means the Disaster Assistance Trust 912
Fund. 913
(m) "Department" means the Mississippi Department of 914
Emergency Management. 915
(n) "Executive director" means the Director of the 916
Mississippi Department of Emergency Management. 917
SECTION 14. Section 33-15-307, Mississippi Code of 1972, is 918
amended as follows: 919
33-15-307. (1) The provisions of this article shall be 920
invoked only pursuant to a state of emergency declared by the 921
Governor or an emergency or major disaster declared by the 922
President, or pursuant to an executive order of the Governor, or 923
administrative order of the director, in order to provide state or 924
local government resources and personnel in compliance with the 925
provisions of the Emergency Management Assistance Compact, Section 926
45-18-1 et seq., or in nondeclared times for administrative and 927
training costs associated with state disaster response and 928
recovery programs. Each declaration shall cite the cause for the 929
declaration and define the area eligible for assistance and the 930
type of assistance to be provided. 931
(2) The Disaster Assistance Trust Fund is created as a 932
special fund in the State Treasury into which shall be paid any 933
funds appropriated or otherwise made available by the Legislature 934
for disaster assistance, any funds transferred from the Working 935
Cash-Stabilization Reserve Fund as provided under subsection (5) 936
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of this section, any income from investment of the funds in the 937
trust fund, and federal reimbursement for administrative costs for 938
management of the Individuals and Households Program (IHP), the 939
Public Assistance Program, the Hazard Mitigation Program and 940
Disaster Reservist Program. 941
(3) Income from investment of the funds in the trust fund, 942
and all other funds deposited therein pursuant to law, shall be 943
available for expenditure, transfer and allocation pursuant to 944
this article. 945
(4) The Disaster Assistance Trust Fund shall be used only 946
for the following purposes: 947
(a) The state's portion of the cost share for public 948
assistance under a major disaster declaration. 949
(b) The state's cost share of the Individuals and 950
Households Program (IHP) pursuant to Section 33-15-209(1) under a 951
major disaster declared by the President. 952
(c) Administrative costs for managing the IHP. 953
(d) Administrative costs for managing the Public 954
Assistance Program. 955
(e) The State Temporary Housing Program pursuant to 956
Section 33-15-217 under a state of emergency declared by the 957
Governor. 958
(f) Out-of-pocket expenses, including travel, per diem, 959
overtime and other similar expenses, of state or local agencies 960
when so tasked by the Governor or the director for emergency 961
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response under the provisions of Section 33-15-11(b)(7) and 962
current executive orders. This includes actual emergency response 963
and recovery activities, and applies to mobilization and 964
deployment of personnel from state or local agencies to another 965
state under the provisions of the Emergency Management Assistance 966
Compact. At the discretion of the director, this may include 967
reimbursement of costs to local governments for overtime and 968
backfill of deployed personnel within the state under the 969
provisions of Section 33-15-15(a) and to jurisdictions who are 970
signatories of the Statewide Mutual Aid Compact (SMAC). 971
(g) Costs incurred as a result of state active duty for 972
the Mississippi National Guard when so tasked by the Governor to 973
provide support to other agencies and local governments in a major 974
disaster or emergency situation, or when tasked by the Governor to 975
provide support to another state under the provisions of the 976
Emergency Management Assistance Compact. 977
(h) The state's portion of the cost share for hazard 978
mitigation under a major disaster declaration. 979
(i) Administrative costs of the Hazard Mitigation 980
Program. 981
(j) Costs incurred as a result of the implementation of 982
the Disaster Reservist Program under a major disaster declaration. 983
(k) Administrative costs of the Disaster Reservist 984
Program. 985
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(l) Costs incurred as a result of the implementation of 986
public assistance, and/or individual assistance, and/or Disaster 987
Reservist Program, and/or hazard mitigation, and/or temporary 988
housing under a Governor's state of emergency. 989
* * * 990
( * * *m) Actual costs, including personnel call-back 991
wages, base and overtime wages, travel, per diem and other 992
out-of-pocket expenses incurred by regional response teams as a 993
result of being mobilized or deployed when so tasked by the 994
Governor pursuant to Section 33-15-11(b)(7), or by the director 995
for emergency response pursuant to Section 33-15-15(a). 996
( * * *n) The state's portion of the cost share for 997
public assistance under the Presidential Declaration of Major 998
Disaster for the State of Mississippi (FEMA-1604-DR) dated August 999
29, 2005, for hurricane or other storm damage to public facilities 1000
and infrastructure as a result of Hurricane Katrina, as provided 1001
in Section 3 of Chapter 538, Laws of 2006. 1002
( * * *o) Costs incurred for alternative housing grants 1003
up to Two Hundred Fifty Thousand Dollars ($250,000.00) per county, 1004
per event, to be administered by the Mississippi Emergency 1005
Management Agency, through the department's Office of 1006
Administrative Services, for materials only for repairs to 1007
communities that do not qualify for Federal Emergency Management 1008
Agency Individual Assistance Grants. 1009
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( * * *p) Costs incurred by the Mississippi Emergency 1010
Management Agency, approved by the executive director, to assist 1011
municipalities and counties by allowing them to apply and receive 1012
funds for debris removal support, which funds shall be reimbursed 1013
to the Mississippi Emergency Management Agency at the date 1014
determined after the federal disaster declaration. The 1015
Mississippi Emergency Management Agency shall adopt rules and 1016
regulations necessary to administer this program. 1017
(5) Whenever the executive director determines that funds 1018
are immediately needed in the Disaster Assistance Trust Fund to 1019
provide for disaster assistance under this article, he shall 1020
notify the Executive Director of the Department of Finance and 1021
Administration of his determination and shall requisition the 1022
amount of funds from the Working Cash-Stabilization Fund that are 1023
needed in the trust fund, which shall be subject to the 1024
limitations set forth below in this subsection. At the same time 1025
he makes the requisition, the executive director shall notify the 1026
Lieutenant Governor, the Speaker of the House of Representatives 1027
and the respective Chairmen of the Senate Appropriations 1028
Committee, the Senate Finance Committee, the House Appropriations 1029
Committee and the House Ways and Means Committee of his 1030
determination of the need for the funds and the amount that he has 1031
requisitioned. Upon receipt of such a requisition from the 1032
executive director, the Executive Director of the Department of 1033
Finance and Administration shall ascertain if the amount 1034
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requisitioned is available in the Working Cash-Stabilization 1035
Reserve Fund and is within the limitations set forth below in this 1036
subsection and, if it is, he shall transfer that amount from the 1037
Working Cash-Stabilization Reserve Fund to the trust fund. If the 1038
amount requisitioned is more than the amount available in the 1039
Working Cash-Stabilization Fund or above the limitations set forth 1040
below in this subsection, the executive director shall transfer 1041
the amount that is available within the limitations. The maximum 1042
amount that may be transferred from the Working Cash-Stabilization 1043
Reserve Fund to the trust fund for any disaster or disasters 1044
occurrence shall be One Million Dollars ($1,000,000.00) and the 1045
maximum amount that may be transferred during any fiscal year 1046
shall be Two Million Dollars ($2,000,000.00). 1047
(6) Unexpended state funds in the Disaster Assistance Trust 1048
Fund at the end of a fiscal year shall not lapse into the State 1049
General Fund but shall remain in the trust fund for use under this 1050
article for as long as the funds are needed for the particular 1051
purpose for which they were appropriated, deposited or transferred 1052
into the trust fund. After any state funds in the trust fund are 1053
no longer needed for the particular purpose for which they were 1054
appropriated, deposited or transferred into the trust fund, the 1055
executive director may use those funds for any other purpose under 1056
this article for which they currently are needed and for which 1057
other funds are not available. If there is no current need for 1058
such funds for any purpose under this article, the funds and the 1059
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income earned from the investment of the funds shall be 1060
transferred back to the particular fund or funds in the State 1061
Treasury from which they were appropriated or transferred into the 1062
trust fund, upon certification of the director to the Executive 1063
Director of the Department of Finance and Administration that the 1064
funds are not currently needed; however, if such funds are derived 1065
from the proceeds of general obligation bonds issued by the state 1066
under Section 3 of Chapter 538, Laws of 2006, such excess funds 1067
and the income earned from such funds shall be utilized to pay the 1068
debt service on such bonds. 1069
(7) The department is authorized to obtain a line of credit 1070
through the State Treasury from the Working Cash-Stabilization 1071
Fund or any other special-source funds maintained in the State 1072
Treasury in an amount not exceeding Ten Million Dollars 1073
($10,000,000.00) in one (1) fiscal year to fund shortfalls which, 1074
from time to time, may occur due to decreases in state match 1075
funding cash flow. Loan proceeds shall be received by the State 1076
Treasurer and shall be placed in the Disaster Trust Fund account. 1077
Loan funds shall be expended following the state match required by 1078
FEMA for Other Needs Assistance awarded during federally declared 1079
disasters. 1080
SECTION 15. Section 33-15-308, Mississippi Code of 1972, is 1081
amended as follows: 1082
33-15-308. It is the intention of the Legislature that 1083
whenever the executive director * * * determines that funds are 1084
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immediately needed in the Disaster Assistance Trust Fund to 1085
provide for disaster assistance under this section, he shall 1086
notify the Executive Director of the Department of Finance and 1087
Administration of his determination and shall requisition the 1088
amount of funds from the Working Cash-Stabilization Reserve Fund 1089
(Fund No. 3992)and/or * * * any other special-source funds 1090
maintained in the State Treasury that are needed in the trust 1091
fund, which shall be subject to the limitations set forth below in 1092
this section. At the same time he makes the requisition, the 1093
executive director shall notify the Lieutenant Governor, the 1094
Speaker of the House of Representatives and the respective 1095
Chairmen of the Senate Appropriations Committee, the Senate 1096
Finance Committee, the House Appropriations Committee and the 1097
House Ways and Means Committee of his determination of the need 1098
for the funds and the amount that he has requisitioned. Upon 1099
receipt of such a requisition from the director, the Executive 1100
Director of the Department of Finance and Administration shall 1101
ascertain if the amount requisitioned is available in the Working 1102
Cash-Stabilization Reserve Fund (Fund No. 3992) * * * and is 1103
within the limitations set forth below in this section and, if it 1104
is, he shall transfer that amount from the Working 1105
Cash-Stabilization Reserve Fund (Fund No. 3992) and/or * * * any 1106
other special-source funds maintained in the State Treasury to the 1107
trust fund. If the amount requisitioned is more than the amount 1108
available in the Working Cash-Stabilization Reserve Fund (Fund No. 1109
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3992) * * * or above the limitations set forth below in this 1110
section, the executive director shall transfer the amount that is 1111
available within the limitations. The maximum amount that may be 1112
transferred from the Working Cash-Stabilization Reserve Fund (Fund 1113
No. 3992) and/or * * * any other special-source funds maintained 1114
in the State Treasury to the trust fund for any one (1) disaster 1115
occurrence shall be Five Hundred Thousand Dollars ($500,000.00) 1116
and the maximum amount that may be transferred during any fiscal 1117
year shall be One Million Dollars ($1,000,000.00). 1118
It is the intention of the Legislature, that during the 1119
subsequent legislative session, consideration shall be given to 1120
provide an appropriation equal to the amount transferred from the 1121
Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the 1122
Budget Contingency Fund (Fund No. 3177) to the Disaster Assistance 1123
Trust Fund under the provisions of this section as repayment to 1124
the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or 1125
the Budget Contingency Fund. 1126
SECTION 16. Section 33-15-309, Mississippi Code of 1972, is 1127
amended as follows: 1128
33-15-309. (1) The executive director shall administer this 1129
article and shall have the authority to adopt reasonable rules and 1130
regulations to effectuate the purposes of this article. 1131
(2) A state agency, when requested by the director in 1132
accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and 1133
current executive orders, shall render services and perform duties 1134
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within its areas of responsibility necessary to carry out the 1135
purpose of this article. 1136
(3) Each project application executed between a local agency 1137
and the executive director pursuant to subsection (4) of Section 1138
33-15-313 shall contain a provision under which the local agency 1139
agrees to hold the state harmless from damages due to the work for 1140
which funds were allocated. 1141
(4) Before the convening of the Legislature each year, the 1142
executive director shall submit a written report to the Governor 1143
and the Legislature relating to the operation of the trust fund. 1144
(5) When certified by the executive director, requests for 1145
reimbursements, advances or final payments from local or state 1146
agencies shall be presented to the Department of Finance and 1147
Administration for payment out of the trust fund. 1148
SECTION 17. Section 33-15-311, Mississippi Code of 1972, is 1149
amended as follows: 1150
33-15-311. (1) The deputy director of MEMA shall present 1151
the executive director with all necessary data for the executive 1152
director to make allocations from the trust fund in such amounts 1153
as he determines to be necessary to state agencies for 1154
out-of-pocket expenditures incurred for emergency response, 1155
preliminary damage assessments, estimates, reports and training of 1156
state agency personnel. Allocations also may be made from the 1157
trust fund for the purpose of preparing project worksheets, 1158
estimates and reports as may be necessary to enable state or local 1159
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agencies to obtain federal aid for disaster assistance purposes. 1160
The executive director may make allocations to any state agency or 1161
office from the trust fund or other funds available therefor in 1162
such amounts as are necessary to administer the provisions of this 1163
article. 1164
(2) State agencies that are to receive allocations from the 1165
trust fund for carrying out the purposes of this article shall 1166
request the Department of Finance and Administration for 1167
escalations of their budgets as necessary for the expenditure of 1168
the allocated funds, in the same manner as the Department of 1169
Finance and Administration escalates budgets for federal funds 1170
under Section 27-104-21(1). 1171
SECTION 18. Section 33-15-313, Mississippi Code of 1972, is 1172
amended as follows: 1173
33-15-313. (1) Subject to the conditions specified in this 1174
section, the executive director shall allocate funds from the 1175
trust fund to meet the cost of any one or more projects. The 1176
completion of all or part of a project before application for 1177
funds under this article shall not disqualify such project or any 1178
part thereof. 1179
(2) To be eligible for state and/or federal funding, the 1180
governing body of the local agency must declare a local emergency 1181
and forward such declaration to the Governor. 1182
(3) A state or local agency shall make application to the 1183
executive director for state and/or federal financial assistance 1184
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within thirty (30) days after the date of the declaration of a 1185
major disaster or emergency declared by the President or a state 1186
of emergency declared by the Governor; however, the executive 1187
director may extend the time for such filing, but only under 1188
unusual circumstances. No financial aid shall be provided until 1189
an applicant has filed a Notice of Interest and a Request for 1190
Federal Assistance and a state and/or federal team has first 1191
investigated and reported upon the proposed work, has estimated 1192
the cost of the work, and has filed a project worksheet thereon 1193
with the Governor's authorized representative and a project 1194
application has been prepared. The estimate of cost of the work 1195
may include expenditures made by the state or local agency for 1196
such work before the making of such estimate. "Unusual 1197
circumstances," as used in this subsection, means unavoidable 1198
delays that result from recurrence of a disaster, prolonged severe 1199
weather or other conditions beyond the control of the applicant. 1200
Delays resulting from administrative procedures are not unusual 1201
circumstances that warrant extensions of time. 1202
(4) No funds shall be allocated from the trust fund to a 1203
state or local agency until the agency has indicated in writing 1204
its acceptance of the project application and the cost-sharing 1205
related thereto in such form as the director prescribes. The 1206
project application shall provide for the performance of the work 1207
by the state or local agency, shall provide for the methods of 1208
handling the funds allocated and the matching funds provided by 1209
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the local agency, and shall contain such other provisions as are 1210
deemed necessary to ensure completion of the work included in the 1211
project application and the proper expenditures of funds as 1212
provided herein. 1213
SECTION 19. Section 33-15-317, Mississippi Code of 1972, is 1214
amended as follows: 1215
33-15-317. (1) Under procedures prescribed by the executive 1216
director, a state or local agency may receive an advance of funds 1217
to initiate a project. Such advances shall be limited to not more 1218
than seventy-five percent (75%) of the estimated federal share of 1219
the project under the President's state of emergency, or fifty 1220
percent (50%) of the estimated share of the project under the 1221
Governor's state of emergency. 1222
(2) Disaster assistance funds provided from federal sources 1223
under the provisions of Public Law 93-288 as amended by Public Law 1224
100-707 and Public Law 106-390 shall be deposited in the trust 1225
fund, and the executive director shall make advances or 1226
reimbursement therefrom for expenditures for eligible work or for 1227
payment for performance. 1228
(3) State and federal contributions for the repair and 1229
restoration of facilities shall be reduced by an amount equal to 1230
the insurance settlement received or an amount equal to the amount 1231
the local agency would have recovered from an insurance settlement 1232
if necessary, adequate and reasonably available insurance had been 1233
maintained. 1234
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SECTION 20. Section 33-15-401, Mississippi Code of 1972, is 1235
amended as follows: 1236
33-15-401. The Legislature finds and declares the following: 1237
When a major natural disaster such as Hurricane Katrina occurs in 1238
Mississippi, there are various types of assistance that are 1239
available to individuals and public entities through the federal 1240
and state governments to help them recover from the disaster. The 1241
majority of that assistance comes from the federal government, and 1242
most of the federal assistance is provided through the Federal 1243
Emergency Management Agency (FEMA). At the state level, most of 1244
the assistance is provided through the Mississippi Emergency 1245
Management Agency (MEMA) or the Mississippi Department of 1246
Emergency Management (MDEM). However, there are also programs in 1247
other federal and state agencies that provide assistance and 1248
benefits to disaster victims, as well as disaster assistance 1249
programs run by public and private entities and disaster-related 1250
in-kind donations made by private entities and individuals. 1251
Because these other disaster assistance programs and in-kind 1252
donations are spread out among a number of agencies and entities, 1253
disaster victims sometimes are not aware of the existence of these 1254
programs and in-kind donations other than those provided through 1255
FEMA and MEMA or MDEM. After a disaster has occurred, it would be 1256
very beneficial for the victims of the disaster to have a single 1257
entity in the state, one point of contact, where individuals and 1258
public entities would be able to obtain information about those 1259
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other disaster assistance programs and disaster-related in-kind 1260
donations, obtain all of the forms and materials necessary in 1261
order to receive the benefits of those programs and in-kind 1262
donations, and receive assistance in completing and filing the 1263
applications for those programs and in-kind donations. 1264
SECTION 21. Section 33-15-403, Mississippi Code of 1972, is 1265
amended as follows: 1266
33-15-403. There is established within the * * * Mississippi 1267
Department of Emergency Management (MDEM) a separate and distinct 1268
office to be known as the Office of Disaster Assistance 1269
Coordination. The office shall be the primary entity responsible 1270
for coordinating information regarding disaster assistance 1271
provided by federal agencies other than the Federal Emergency 1272
Management Agency (FEMA), by state agencies other than the 1273
Mississippi Emergency Management Agency (MEMA), and by other 1274
public and private entities that provide various types of 1275
assistance and benefits to victims of major natural disasters. 1276
The duties and responsibilities of the office shall be as follows: 1277
(a) To serve as a single point of contact where 1278
individuals and public entities that are victims of major 1279
disasters may obtain information about all federal and state 1280
programs that provide assistance and benefits to disaster victims 1281
other than those provided by FEMA or MEMA, as well as information 1282
about the availability of disaster-related in-kind donations by 1283
private entities and individuals; 1284
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(b) To provide victims of major disasters with all of 1285
the forms and materials necessary in order to receive the benefits 1286
of those disaster assistance programs and disaster-related in-kind 1287
donations, and provide them with assistance in completing and 1288
filing the applications for those programs and in-kind donations; 1289
(c) To coordinate and cooperate with FEMA, MEMA, other 1290
federal and state agencies and other public and private entities 1291
in providing and sharing information, forms and materials related 1292
to disaster assistance programs and disaster-related in-kind 1293
donations; 1294
(d) To work with MEMA in coordinating information, 1295
revenues, programs and assistance made available in Mississippi by 1296
FEMA, whether directly through FEMA or through MEMA; and 1297
(e) To perform such other duties relating to disaster 1298
assistance information as may be prescribed by the * * * Executive 1299
Director of MDEM. 1300
SECTION 22. Section 19-5-385, Mississippi Code of 1972, is 1301
amended as follows: 1302
19-5-385. There is established the Mississippi Emergency 1303
Communications Authority as an instrumentality of the state. The 1304
authority and service providers shall work in cooperation with 1305
state and local governments to create a technical and operational 1306
framework for implementing and operating an interoperable and 1307
interconnected NG911 public safety network. The authority may 1308
contract and be contracted with and defend and bring actions, 1309
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including, but not limited to, invoking a private right of action 1310
to enforce this act. The authority shall exist within the 1311
Mississippi * * * Department of Emergency Management (MDEM) for 1312
all operational purposes. The Executive Director of * * * MDEM 1313
shall be the ultimate authority and administrative head of the 1314
Mississippi Emergency Communications Authority. The Executive 1315
Director * * * MDEM shall select a director to manage the 1316
authority. Such director shall be responsible for ensuring that 1317
the authority remains compliant with applicable state and federal 1318
programs and law. All employees of the authority, including the 1319
appointed director, shall serve at the will and pleasure of the 1320
Executive Director of * * * MDEM. 1321
SECTION 23. Section 19-5-383, Mississippi Code of 1972, is 1322
amended as follows: 1323
19-5-383. As used in Sections 19-5-381 through 19-5-415, the 1324
following terms shall have the following meanings, unless the 1325
context clearly indicates otherwise: 1326
(a) "Authority" means the Mississippi Emergency 1327
Communications Authority. The authority is a subdivision of the 1328
Mississippi * * * Department of Emergency Management (MDEM) for 1329
all purposes and reports directly to the * * * MDEM Executive 1330
Director. The director of the authority shall be the Emergency 1331
Management Communications Coordinator of the Office of the 1332
Mississippi Emergency Management Agency (MEMA). 1333
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(b) "Advisory board" or "board" means the Mississippi 1334
Emergency Communication Authority (MECA) Advisory Board as 1335
appointed in Section 19-5-387. 1336
(c) "ECD" means an emergency communications district 1337
created pursuant to Section 19-5-301 et seq., or by a local and 1338
private act of the State of Mississippi. 1339
(d) "Public safety answering point" or "PSAP" means an 1340
entity responsible for receiving 911 calls and processing those 1341
calls according to a specific operational policy. 1342
(e) "Commercial mobile radio service provider" or "CMRS 1343
provider" has the same meaning as defined in 47 CFR 9.3. 1344
(f) "NG911" means Next Generation 911: a secure, 1345
internet protocol (IP)-based, open-standards system comprised of 1346
hardware, software, data and operational policies and procedures. 1347
NG911 is designed to provide access to emergency services from all 1348
connected communications sources and to provide multimedia data 1349
capabilities for Public Safety * * * Answering Points (PSAPs) and 1350
other emergency service organizations. NG911: 1351
(i) Provides standardized interfaces from 1352
emergency call and message services to support emergency 1353
communications; 1354
(ii) Processes all types of emergency calls, 1355
including voice, text, data and multimedia information; 1356
(iii) Acquires and integrates additional emergency 1357
call data useful to call routing and handling; 1358
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(iv) Delivers the emergency calls, messages, and 1359
data to the appropriate Public Safety Answering Point (PSAP) and 1360
other appropriate emergency entities based on the location of the 1361
caller; 1362
(v) Supports data, video and other communications 1363
needs for coordinated incident response and management; and 1364
(vi) Interoperates with services and networks used 1365
by first responders (and other 911 systems) to facilitate 1366
emergency response. 1367
(g) "Emergency Communications Public Safety Trust Fund" 1368
means the funds remitted to the Department of Revenue and 1369
deposited into the Emergency Communications Service Charge Fund 1370
that through contract or memorandum of understanding with the 1371
Mississippi Emergency Communication Authority are transmitted to 1372
ECDs. 1373
(h) "Emergency communications service charge" means the 1374
emergency communications service charge levied, maintained and 1375
collected according to Sections 19-5-381 through 19-5-415. 1376
(i) "Distribution formula" means the formula created in 1377
Section 19-5-385 by which monies generated from the emergency 1378
communications service charge are distributed to local ECDs and to 1379
the authority. 1380
(j) "Exchange access facility" means all lines provided 1381
by the service supplier for the provision of local exchange 1382
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service as defined in existing general subscriber services 1383
tariffs. 1384
(k) "Place of primary use" means the street address 1385
where the consumer's use of communications services primarily 1386
occurs, which must be either the residential street address or the 1387
primary business street address of the consumer. When location of 1388
primary use is impractical to determine, the physical address for 1389
billing may be used. 1390
(l) "Service supplier" means any person providing 1391
exchange telephone service to any service user throughout a 1392
county. 1393
(m) "Consumer" means a person who purchases retail 1394
communications service or prepaid wireless telecommunications 1395
service in a retail transaction. 1396
(n) "Prepaid wireless emergency communications services 1397
charge" means the charge that is required to be collected by a 1398
seller from a consumer in the amount established under Section 1399
19-5-385. 1400
(o) "Prepaid wireless communications service" means a 1401
wireless communications service that allows a caller to access a 1402
PSAP through a placed call or wireless data connection. Such 1403
service must be paid for in advance and is sold in predetermined 1404
units or dollars of which the number declines with use in a known 1405
amount. 1406
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(p) "Service provider" means an entity which provides a 1407
service that allows the two-way transmission, conveyance or 1408
routing of voice, data, audio, video or any information of 1409
signals, including cable and internet protocol services, to a 1410
point or between or among points by or through any electronic, 1411
radio, satellite, cable, optical, microwave or other medium or 1412
method in existence on or after the effective date of this 1413
definition, regardless of protocol used for the transmission or 1414
conveyance. This definition applies only if that service is 1415
capable of contacting a PSAP by entering or dialing the digits 911 1416
and is subject to applicable federal or state requirements to 1417
provide the 911 dialing capability. The term does not include 1418
wireless and internet-protocol-enabled services that are exempt 1419
from Federal Communications Commission regulations for 911 1420
communications service, 911 service and NG911 service. 1421
(q) "Seller" means a person who sells prepaid wireless 1422
telecommunications service to another person. 1423
(r) "Retail transaction" means the purchase of prepaid 1424
wireless telecommunications service from a seller for any purpose 1425
other than resale. A retail transaction that is effected in 1426
person by a consumer at a business location of the seller shall be 1427
treated as occurring in this state if that business location is in 1428
this state, and any other retail transaction shall be treated as 1429
occurring in this state if the retail transaction is treated as 1430
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occurring in this state for purposes of Section 1431
27-65-19(1)(d)(v)3.c. 1432
(s) "Internet protocol" or "IP" means the method by 1433
which data is sent from one computer to another on the internet or 1434
other networks. 1435
(t) "Emergency Services IP Network" or "ESInet" means a 1436
managed IP network that is used for emergency services 1437
communications and can be shared by all public safety agencies. 1438
ESInet provides the IP transport infrastructure upon which 1439
independent application platforms and core services can be 1440
deployed, including, but not restricted to, those necessary for 1441
providing NG911 services. ESInets may be constructed from a mix 1442
of dedicated and shared facilities. ESInets may be interconnected 1443
at local, regional, state, federal, national and international 1444
levels to form an IP-based internetwork, or a network of networks. 1445
ESInet is the designation for the network but not for services 1446
provided by the network. 1447
(u) "Geographic information system" or "GIS" means a 1448
system for capturing, storing, displaying, analyzing and managing 1449
data and associated attributes which are spatially referenced. 1450
(v) "State NG911 Plan" means a comprehensive strategy 1451
developed by the state to transition from 911 to Next Generation 1452
911 technology. 1453
(w) "NG911 CMRS Grant Fund" means the fund established 1454
in Section 19-5-393. 1455
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(x) "ECD NG911 implementation fund" means a fund 1456
established in each individual ECD for the purpose of NG911 1457
implementation. 1458
(y) "Operations fund" means a fund established to cover 1459
operational expenses for the ECD for capital improvements, normal 1460
operations, and provision of PSAP services. 1461
(z) "State NG911 Fund" means a fund specifically used 1462
to implement, deploy, maintain and upgrade as necessary a 1463
statewide NG911 Services Network, activities and/or infrastructure 1464
and other duties of the Mississippi Emergency Communications 1465
Authority as set forth in Sections 19-5-381 through 19-5-415 and 1466
consistent with the State NG911 Plan. 1467
(aa) "Location" means a single physical address. 1468
(bb) "Department" means the Mississippi Department of 1469
Revenue. 1470
SECTION 24. Section 19-5-387, Mississippi Code of 1972, is 1471
amended as follows: 1472
19-5-387. (1) Management of the authority shall be vested 1473
in the director, with an advisory board to offer technical 1474
guidance and recommendations, which shall consist of the following 1475
members: 1476
(a) The Commissioner of Public Safety, or his or her 1477
designee; 1478
(b) One (1) member appointed by the Governor selected 1479
from two (2) nominees submitted by the GIS Coordinating Council; 1480
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(c) One (1) member appointed by the Governor selected 1481
from two (2) nominees submitted by the Mississippi 911 1482
Coordinators Association; 1483
(d) One (1) member appointed by the Governor selected 1484
from two (2) nominees submitted by the Mississippi Chapter of the 1485
Association of Public Safety Communications Officials; 1486
(e) One (1) member appointed by the Governor selected 1487
from two (2) nominees submitted by the Mississippi Chapter of the 1488
National Emergency Number Association; 1489
(f) One (1) member appointed by the Lieutenant 1490
Governor, selected from two (2) nominees submitted by the 1491
Mississippi Association of Supervisors, who shall be an elected 1492
member of a county board of supervisors; 1493
(g) One (1) member appointed by the Lieutenant 1494
Governor, selected from two (2) nominees submitted by the 1495
Mississippi Association of Supervisors, who is one of either a 1496
county manager, county administrator or finance officer from a 1497
county that operates or contracts for the operation of a public 1498
safety answering point; 1499
(h) One (1) member appointed by the Governor, selected 1500
from two (2) nominees submitted by Mississippi Emergency Medical 1501
Services; 1502
(i) One (1) member appointed by the Lieutenant 1503
Governor, selected from two (2) nominees submitted by the 1504
Mississippi Municipal League, who is an elected member of a 1505
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municipal governing authority, city manager, city administrator, 1506
or finance officer from a municipality that operates or contracts 1507
for the operation of a public safety answering point; 1508
(j) One (1) member appointed by the Governor who shall 1509
be from the telecommunications industry; 1510
(k) One (1) member appointed by the Lieutenant 1511
Governor, selected from two (2) nominees submitted by the 1512
Mississippi Sheriffs' Association, who is a sheriff responsible 1513
for managing a public safety answering point; 1514
(l) One (1) police chief appointed by the Governor, 1515
selected from two (2) nominees submitted by the Mississippi 1516
Association of Chiefs of Police, who is serving a local 1517
government; and 1518
(m) One (1) fire chief appointed by the Lieutenant 1519
Governor, selected from two (2) nominees submitted by the 1520
Mississippi Fire Chiefs Association, who is serving a local 1521
government. 1522
(2) The initial term for appointments made pursuant to 1523
paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1) of 1524
this section shall be from July 1, 2025, until June 30, 2028. 1525
These initial appointments shall be made by July 1, 2025. The 1526
initial term for appointments made pursuant to paragraphs (h), 1527
(i), (j), (k), (l) and (m) of subsection (1) of this section shall 1528
be from July 1, 2025, until June 30, 2027. All subsequent terms 1529
shall be for three (3) years. Any vacancies that occur prior to 1530
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the end of a term shall be filled by appointment in the same 1531
manner as the original appointment and shall be for the remainder 1532
of the unexpired term. Any vacancy occurring on the board, 1533
whether for an expired or unexpired term, shall be filled by 1534
appointment as soon as practicable after the vacancy occurs. Upon 1535
expiration of his or her term of office, a board member shall 1536
continue to serve until his or her successor has been duly 1537
appointed and qualified. Members may be appointed to successive 1538
terms. Appointments made at times when the Senate is not in 1539
session shall be effective immediately ad interim, and appointees 1540
shall serve until the Senate acts on the appointment as provided 1541
herein. Any appointments made while the Senate is not in session 1542
shall be submitted to the Senate not later than the third 1543
legislative day following the reconvening of the Legislature. In 1544
the event the Senate fails or refuses to act on the appointment, 1545
the person whose name was submitted shall continue to serve until 1546
action is taken on the appointment by the Senate. 1547
(3) The board may appoint additional ex officio nonvoting 1548
members to serve in an advisory role to the board. Such advisers 1549
shall not be counted in ascertaining if a quorum is present. Such 1550
members shall include, but shall not be limited to: 1551
(a) Two (2) representatives of * * * MDEM: 1552
(i) One (1) shall be employed by * * * MDEM in a 1553
legal capacity; and 1554
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(ii) One (1) shall be employed by * * * MDEM in an 1555
accounting capacity; 1556
(b) The Chairman of the Senate Technology Committee, or 1557
his or her designee; 1558
(c) The Chairman of the House of Representatives 1559
Technology Committee, or his or her designee; 1560
(d) The Chairman of the Senate Appropriations 1561
Committee, or his or her designee; and 1562
(e) The Chairman of a House of Representative 1563
Appropriations Committee, or his or her designee, to be chosen by 1564
the Speaker of the House. 1565
(4) Members of the advisory board shall receive no 1566
compensation for their services, but the authority may reimburse 1567
members from funds of the authority as provided by state law for 1568
travel associated with their service. Such amount shall not 1569
exceed the reimbursement authorized for state officers and 1570
employees in Section 25-3-41. 1571
(5) Seven (7) members of the advisory board shall constitute 1572
a quorum, and the affirmative votes of a majority of a quorum 1573
shall be required for any action to be taken by the board. 1574
(6) The director of the authority shall convene the initial 1575
meeting of the board no later than August 1, 2025, at which time 1576
the board shall elect one (1) of its members as chairperson. In 1577
addition, the board shall elect a vice chairperson, a secretary 1578
and a treasurer from among its membership. 1579
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(7) The advisory board shall promulgate bylaws and may adopt 1580
other procedures for governing its affairs and for discharging its 1581
duties as permitted or required by law, as well as applicable 1582
rules and regulations, provided that the director has ultimate 1583
authority for approving, denying or modifying such bylaws and 1584
procedures. 1585
SECTION 25. Section 19-5-393, Mississippi Code of 1972, is 1586
amended as follows: 1587
19-5-393. (1) There is created in the State Treasury a 1588
special fund to be designated as the "NG911 CMRS Grant Fund." The 1589
fund shall be maintained by the State Treasurer as a separate and 1590
special fund, separate and apart from the General Fund of the 1591
state. Subject to appropriation by the Legislature, monies in the 1592
fund shall be disbursed by the Mississippi * * * Department of 1593
Emergency Management, Office of Administrative Services, only for 1594
capital improvements, equipment, software and other expenses 1595
directly attributed to the implementation of approved ECD NG911 1596
plans, as well as for related purposes approved by the authority. 1597
Unexpended amounts remaining in the fund at the end of a fiscal 1598
year shall not lapse into the State General Fund, and any interest 1599
earned or investment earnings on amounts in the fund shall be 1600
deposited into such fund. 1601
(2) Upon July 1, 2025, the existing CMRS board shall remit 1602
to the NG911 CMRS Grant Fund all revenues accrued from the 1603
existing accounts payable fund as established in Section 19-5-333. 1604
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ST: Mississippi Department of Emergency
Management; establish.
SECTION 26. This act shall take effect and be in force from 1605
and after July 1, 2026. 1606