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S. B. No. 2636 *SS26/R500CS* ~ OFFICIAL ~ G1/2
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To: Government Structure
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) McCaughn, DeLano, Williams
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2636
AN ACT TO CREATE THE MISSISSIPPI DEPARTMENT OF CYBERSECURITY 1
ACT; TO REQUIRE THE GOVERNOR TO APPOINT, WITH THE ADVICE AND 2
CONSENT OF THE SENATE, AN EXECUTIVE DIRECTOR OF THE DEPARTMENT OF 3
CYBERSECURITY; TO PRESCRIBE THE GENERAL POWERS AND DUTIES OF THE 4
DEPARTMENT OF CYBERSECURITY AND THE EXECUTIVE DIRECTOR; TO 5
AUTHORIZE THE DEPARTMENT OF TOURISM TO HAVE THE AUTHORITY TO DO 6
WHAT IS NECESSARY TO ACCOMPLISH THE DUTIES PRESCRIBED UNDER THIS 7
ACT; TO CREATE THE MISSISSIPPI DEPARTMENT OF CYBERSECURITY FUND; 8
TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION, THE 9
DEPARTMENT OF INFORMATION TECHNOLOGY, AND THE STATE PERSONNEL 10
BOARD SHALL HAVE THE POWERS NECESSARY IN CARRYING OUT THE CREATION 11
OF THE MISSISSIPPI DEPARTMENT OF CYBERSECURITY REQUIRED BY THIS 12
ACT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. This act shall be known and may be cited as the 15
"Mississippi Department of Cybersecurity Act." 16
SECTION 2. (1) There is hereby created the Mississippi 17
Department of Cybersecurity. 18
(2) The department shall be responsible for defending and 19
securing cyberspace by leading statewide efforts to drive and 20
enable effective cyber defense, resilience of state critical 21
functions and a robust technology ecosystem in Mississippi. 22
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SECTION 3. The Governor shall appoint an Executive Director 23
of the Department of Cybersecurity with the advice and consent of 24
the Senate and in accordance with standards established by the 25
State Personnel Board. The executive director shall serve at the 26
will and pleasure of the Governor. The salary of the executive 27
director shall be set by the Governor, subject to the approval of 28
the State Personnel Board, and shall be provided for out of any 29
funds made available for such purpose by the Legislature, the 30
federal government or other gifts or grants. The executive 31
director shall be responsible to the Governor for the proper 32
administration of the programs of cybersecurity provided for under 33
this act in conformity with the policies adopted by the Governor 34
and shall be responsible for appointing directors of offices and 35
any necessary supervisors, assistants and employees. The salary 36
and compensation of such employees shall be subject to the rules 37
and regulations adopted and promulgated by the State Personnel 38
Board as created under Section 25-9-101 et seq. The executive 39
director shall be the State Cybersecurity Director with such 40
authority and responsibility as is prescribed by law. 41
SECTION 4. The Department of Cybersecurity shall provide the 42
cyber security services authorized by law, and in carrying out the 43
purposes of this act, the department is authorized: 44
(a) To expend funds received either by appropriation or 45
directly from federal or private sources; 46
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(b) To develop and implement a comprehensive strategy 47
for protecting digital systems, networks and information from 48
threats; 49
(c) To prevent attacks, detect intrusions, respond to 50
incidents, manage vulnerabilities and build cyber defense 51
capabilities for the state; 52
(d) To use best practices for developing and 53
coordinating cybersecurity efforts, including data-driven and 54
trackable cyber defense strategies; 55
(e) To coordinate with state and local agencies, 56
departments and organizations to collaborate and enhance 57
cybersecurity practices; 58
(f) To maintain an educational awareness program for 59
the citizens of the state to encourage and increase the usage of 60
cybersecurity best practices; 61
(g) To enter into contracts and other agreements with 62
state and local agencies, departments, commissions, organizations 63
or other similar entities for the purpose of developing stronger 64
cybersecurity systems throughout the state. The Department of 65
Cybersecurity, in conjunction with the formulation of 66
cybersecurity strategies, may require that local entities enter 67
into agreements with the authority as a condition for receiving 68
any state grants to enhance cybersecurity; and 69
(h) All other action deemed necessary and appropriate 70
to effectuate the duties prescribed to the department by this act. 71
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SECTION 5. In carrying out his or her duties under this act, 72
the Executive Director of the Department of Cybersecurity: 73
(a) Shall establish appropriate subordinate 74
administrative units within the department; 75
(b) Shall prepare and submit to the Governor and the 76
Legislature annual reports of activities and expenditures and, 77
before each regular session of the Legislature, coordinate budget 78
requests required for carrying out this act and estimates of the 79
amounts to be made available for this purpose from all sources; 80
(c) Shall be empowered to exercise executive and 81
administrative supervision over all offices, programs and services 82
now existing or hereafter acquired or created under the 83
jurisdiction of the department; 84
(d) Shall take such other action as he or she deems 85
necessary or appropriate to effectuate the purposes of this act; 86
(e) May delegate to any officer or employee of the 87
department such of his or her powers and duties as he or she finds 88
necessary to effectuate the purposes of this act. 89
SECTION 6. (1) There is created a special fund in the 90
State Treasury to be known as the Department of Cybersecurity Fund 91
which shall consist of monies from grants, gifts, state 92
appropriations and federal funds designated for deposit into the 93
fund. Monies in the fund may be used by the Department of 94
Cybersecurity for the purpose of effectuating the purpose 95
prescribed to the department by this act, upon appropriation from 96
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ST: The Department of Cybersecurity; create.
the Legislature. Unexpended amounts remaining in the fund at the 97
end of a fiscal year shall not lapse into the State General Fund, 98
and any investment earnings or interest earned on amounts in the 99
fund shall be deposited to the credit of the fund. 100
(2) The Department of Cybersecurity shall have all powers 101
necessary to implement and administer the provisions of this 102
section. 103
SECTION 7. The Department of Finance and Administration, the 104
Department of Information Technology and the State Personnel Board 105
shall have the powers necessary in carrying out the creation of 106
the Mississippi Department of Cybersecurity required by this act. 107
SECTION 8. This act shall take effect and be in force from 108
and after July 1, 2026, and shall stand repealed on June 30, 2026. 109