Mississippi Department of Information Technology Services; bring forward code sections.

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To: Economic and Workforce
Development
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2672

AN ACT TO BRING FORWARD SECTIONS 25-53-1, 25-53-3, 25-53-5, 1
25-53-7, 25-53-9, 25-53-11, 25-53-13, 25-53-15, 25-53-17, 2
25-53-19, 25-53-21, 25-53-23, 25-53-25, 25-53-29, 25-53-51, 3
25-53-53, 25-53-55, 25-53-57, 25-53-59, 25-53-105, 25-53-107, 4
25-53-109, 25-53-111, 25-53-113, 25-53-113, 25-53-115, 25-53-117, 5
25-53-119, 25-53-121, 25-53-123, 25-53-125, 25-53-151, 25-53-171, 6
25-53-191, 25-53-193, 25-53-201, 25-53-231, 25-53-233, 25-53-235, 7
25-53-237, 25-53-239, 25-53-241, 25-53-251, 25-53-253, 25-53-255, 8
25-53-257, 25-53-261, 25-53-281, 25-53-301, AND 25-53-101 FOR 9
PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 25-53-259, 10
MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL, NONSUBSTANTIVE 11
CHANGES; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 25-53-1, Mississippi Code of 1972, is 14
brought forward as follows: 15
25-53-1. The Legislature recognizes that in order for the 16
State of Mississippi to receive the maximum use and benefit from 17
information technology and services now in operation or which will 18
in the future be placed in operation, there should be full 19
cooperation and cohesive planning and effort by and between the 20
several state agencies and that it is the responsibility of the 21
Legislature to provide statutory authority therefor. The 22
Legislature, therefore, declares and determines that for these and 23
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other related purposes there is hereby established an agency of 24
state government to be known as the Mississippi Department of 25
Information Technology Services (MDITS). The Legislature further 26
declares that the Mississippi Department of Information Technology 27
Services (MDITS) shall provide statewide services that facilitate 28
cost-effective information processing and telecommunication 29
solutions. State agencies shall work in full cooperation with the 30
board of MDITS to identify opportunities to minimize duplication, 31
reduce costs and improve the efficiency of providing common 32
technology services across agency boundaries. The provisions of 33
this chapter shall not apply to the Department of Health and the 34
Department of Revenue for the purposes of implementing, 35
administering and enforcing the provisions of the Mississippi 36
Medical Cannabis Act, for acquisitions made before June 30, 2024. 37
SECTION 2. Section 25-53-3, Mississippi Code of 1972, is 38
brought forward as follows: 39
25-53-3. (1) Whenever the term "Central Data Processing 40
Authority" or the term "authority," when referring to the Central 41
Data Processing Authority, is used in any law, rule, regulation, 42
document or elsewhere, it shall be construed to mean the 43
Mississippi Department of Information Technology Services. 44
(2) For the purposes of this chapter the following terms 45
shall have the meanings ascribed in this section unless the 46
context otherwise requires: 47
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(a) "Central Data Processing Authority" and "CDPA" mean 48
"Mississippi Department of Information Technology Services (ITS)" 49
and the term "authority" means "board of the ITS." 50
(b) "Bureau of Systems Policy and Planning," "Bureau of 51
Telecommunications," "Bureau of Central Data Processing" and 52
"bureau" mean "ITS." 53
(c) "Acquisition" of information technology means the 54
purchase, lease, rental, or acquisition in any other manner of any 55
such information technology. 56
(d) "Agency" means and includes all the various state 57
agencies, officers, departments, boards, commissions, offices and 58
institutions of the state. 59
(e) "Governing authority" means boards of supervisors, 60
governing boards of all school districts, all boards of directors 61
of public water supply districts, boards of directors of master 62
public water supply districts, municipal public utility 63
commissions, governing authorities of all municipalities, port 64
authorities, commissioners and boards of trustees of any public 65
hospitals and any governing authority of the state supported 66
wholly or in part by public funds of the state or governing 67
authority thereof. 68
(f) "Bid" means any of the valid source selection 69
techniques and competitive procurement methods appropriate to 70
information technology procurement in the public sector, 71
including, but not limited to, competitive sealed bidding, 72
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competitive sealed proposals, simplified small purchase 73
procedures, sole source procurements, and emergency procurements. 74
(g) "Telecommunications transmission facility" means 75
any transmission medium, switch, instrument, inside wiring system 76
or other facility which is used, in whole or part, to provide any 77
transmission. 78
(h) "Equipment support contract" means a contract which 79
covers a single, specific class or classes of telecommunications 80
equipment or service and all features associated with that class, 81
through which state agencies may purchase or lease the item of 82
equipment or service specified by issuing a purchase order under 83
the terms of the contract without the necessity of further 84
competitive bidding. 85
(i) "Inside wiring system" means any wiring which: 86
(i) Directly or indirectly, interconnects any 87
terminal equipment with any other terminal equipment or with any 88
regulated facility or common carrier services; and 89
(ii) Is located at the premises of the customer 90
and is not inside any terminal equipment. 91
(j) "Procurement" means the selling, buying, 92
purchasing, renting, leasing or otherwise obtaining information 93
technology as well as activities engaged in, resulting in or 94
expected to result in selling, buying, purchasing, renting, 95
leasing or otherwise obtaining information technology. 96
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(k) "Telecommunications equipment, systems, related 97
services" are limited to the equipment and means to provide: 98
(i) Telecommunications transmission facilities. 99
(ii) Telephone systems, including voice processing 100
systems. 101
(iii) Facsimile systems. 102
(iv) Radio paging services. 103
(v) Mobile telephone services, including cellular 104
mobile telephone service. 105
(vi) Intercom and paging systems. 106
(vii) Video teleconferencing systems. 107
(viii) Personal communications networks and 108
services. 109
(ix) Any and all systems based on emerging and 110
future telecommunications technologies relative to (i) through 111
(viii) above. 112
(l) "Telecommunications system lease contract" means a 113
contract between a supplier of telecommunications systems, 114
including equipment and related services, and the Mississippi 115
Department of Information Technology Services. 116
(m) "Tariffed or regulated service" means 117
telecommunications service offered by common carriers and subject 118
to control by the Mississippi Public Service Commission or the 119
Federal Communications Commission. 120
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(n) "State Data Center" means one or more facilities 121
operated by ITS to provide information technology resources 122
requiring enterprise computing resources or any other ITS managed 123
information resources. 124
(o) "Information technology" means any technology as 125
defined by ITS, including, but not limited to, computer and/or 126
telecommunications equipment, systems or related services. 127
SECTION 3. Section 25-53-5, Mississippi Code of 1972, is 128
brought forward as follows: 129
25-53-5. The authority shall have the following powers, 130
duties, and responsibilities: 131
(a) The authority shall provide for the development of 132
plans for the efficient acquisition and utilization of information 133
technology by all agencies of state government, and provide for 134
their implementation. In so doing, the authority may use the ITS' 135
staff, at the discretion of the executive director of the 136
authority, or the authority may contract for the services of 137
qualified consulting firms in the field of information technology 138
and utilize the service of such consultants as may be necessary 139
for such purposes. 140
(b) The authority shall immediately institute 141
procedures for carrying out the purposes of this chapter and 142
supervise the efficient execution of the powers and duties of the 143
executive director of the ITS. In the execution of its functions 144
under this chapter, the authority shall maintain as a paramount 145
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consideration the successful internal organization and operation 146
of the several agencies so that efficiency existing therein shall 147
not be adversely affected or impaired. In executing its functions 148
in relation to the institutions of higher learning and junior 149
colleges in the state, the authority shall take into consideration 150
the special needs of such institutions in relation to the fields 151
of teaching and scientific research. 152
(c) The authority shall adopt rules, regulations, and 153
procedures governing the acquisition of information technology 154
which shall, to the fullest extent practicable, ensure the maximum 155
of competition between all manufacturers of supplies or equipment 156
or services. In the writing of specifications, in the making of 157
contracts relating to the acquisition of such information 158
technology, and in the performance of its other duties the 159
authority shall provide for the maximum compatibility of all 160
information systems hereafter installed or utilized by all state 161
agencies and may require the use of common computer languages 162
where necessary to accomplish the purposes of this chapter. The 163
authority may establish by regulation and charge reasonable fees 164
on a nondiscriminatory basis for the furnishing to bidders of 165
copies of bid specifications and other documents issued by the 166
authority. 167
(d) The authority shall adopt rules and regulations 168
governing the sharing with, or the sale or lease of information 169
technology services to any nonstate agency or person. Such 170
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regulations shall provide that any such sharing, sale or lease 171
shall be restricted in that same shall be accomplished only where 172
such services are not readily available otherwise within the 173
state, and then only at a charge to the user not less than the 174
prevailing rate of charge for similar services by private 175
enterprise within this state. 176
(e) The authority may, in its discretion, establish a 177
special technical advisory committee or committees to study and 178
make recommendations on matters within the competence of the 179
authority as the authority may see fit. Persons serving on any 180
such committees shall be entitled to receive their actual and 181
necessary expenses actually incurred in the performance of such 182
duties, together with mileage as provided by law for state 183
employees, provided the same has been authorized by a resolution 184
duly adopted by the authority and entered on its minutes prior to 185
the performance of such duties. For the purposes of this 186
paragraph, such committee meetings are exempt from the 187
requirements of Sections 25-41-1 through 25-41-17. 188
(f) The authority may provide for the development and 189
require the adoption of standardized computer programs and may 190
provide for the dissemination of information to and the 191
establishment of training programs for the personnel of the 192
various information technology centers of state agencies and 193
personnel of the agencies utilizing the services thereof. 194
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(g) The authority shall adopt reasonable rules and 195
regulations requiring the reporting to the authority through the 196
office of executive director of such information as may be 197
required for carrying out the purposes of this chapter and may 198
also establish such reasonable procedures to be followed in the 199
presentation of bills for payment under the terms of all contracts 200
for the acquisition of information technology now or hereafter in 201
force as may be required by the authority or by the executive 202
director in the execution of their powers and duties. 203
(h) The authority shall require such adequate 204
documentation of information technology procedures utilized by the 205
various state agencies and may require the establishment of such 206
organizational structures within state agencies relating to 207
information technology operations as may be necessary to 208
effectuate the purposes of this chapter. 209
(i) The authority may adopt such further reasonable 210
rules and regulations as may be necessary to fully implement the 211
purposes of this chapter. All rules and regulations adopted by 212
the authority shall be published in readily accessible form to all 213
affected state agencies, and to all current suppliers of computer 214
equipment and services to the state, and to all prospective 215
suppliers requesting the same. Such rules and regulations shall 216
be kept current, be periodically revised, and copies thereof shall 217
be available at all times for inspection by the public at 218
reasonable hours in the offices of the authority. Whenever 219
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possible no rule, regulation or any proposed amendment to such 220
rules and regulations shall be finally adopted or enforced until 221
copies of the proposed rules and regulations have been published. 222
(j) The authority shall establish rules and regulations 223
which shall provide for the submission of all contracts proposed 224
to be executed by the executive director for information 225
technology, including cloud computing, to the authority for 226
approval before final execution, and the authority may provide 227
that such contracts involving the expenditure of less than such 228
specified amount as may be established by the authority may be 229
finally executed by the executive director without first obtaining 230
such approval by the authority. 231
(k) The authority is authorized to consider new 232
technologies, such as cloud computing, to purchase, lease, or rent 233
information technology and to operate that information technology 234
when in its opinion such operation will provide maximum efficiency 235
and economy in the functions of any such agency or agencies. 236
(l) Upon the request of the governing body of a 237
political subdivision or instrumentality, the authority shall 238
assist the political subdivision or instrumentality in its 239
development of plans for the efficient acquisition and utilization 240
of information technology. An appropriate fee shall be charged 241
the political subdivision by the authority for such assistance. 242
(m) The authority shall adopt rules and regulations 243
governing the protest procedures to be followed by any actual or 244
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prospective bidder, offerer or contractor who is aggrieved in 245
connection with the solicitation or award of a contract for the 246
acquisition of information technology. Such rules and regulations 247
shall prescribe the manner, time and procedure for making protests 248
and may provide that a protest not timely filed shall be summarily 249
denied. The authority may require the protesting party, at the 250
time of filing the protest, to post a bond, payable to the state, 251
in an amount that the authority determines sufficient to cover any 252
expense or loss incurred by the state; however, in no event may 253
the amount of the bond required exceed a reasonable estimate of 254
the total project cost. The authority, in its discretion, also 255
may prohibit any prospective bidder, offerer or contractor who is 256
a party to any protest or litigation involving any such contract 257
with the state, the authority or any agency of the state to 258
participate in any other such bid, offer or contract, or to be 259
awarded any such contract, during the pendency of the protest or 260
litigation. 261
(n) The authority shall make a report in writing to the 262
Legislature each year in the month of January. Such report shall 263
contain a full and detailed account of the work of the authority 264
for the preceding year as specified in Section 25-53-29(3). 265
All acquisitions of information technology involving the 266
expenditure of funds in excess of the dollar amount established in 267
Section 31-7-13(c), or rentals or leases in excess of the dollar 268
amount established in Section 31-7-13(c) for the term of the 269
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contract, shall be based upon bid. The authority may reserve the 270
right to reject any or all bids, and if all bids are rejected, the 271
authority may negotiate a contract within the limitations of the 272
specifications so long as the terms of any such negotiated 273
contract are equal to or better than the lowest bidder, and so 274
long as the total cost to the State of Mississippi does not exceed 275
the lowest bid. If the authority accepts one (1) of such bids, it 276
shall be that which is the lowest and best. The provisions of 277
this paragraph shall not apply to acquisitions of information 278
technology equipment and services made by the Mississippi 279
Department of Health and the Mississippi Department of Revenue for 280
the purposes of implementing, administering and enforcing the 281
provisions of the Mississippi Medical Cannabis Act by June 30, 282
2024. 283
(o) When applicable, the authority may procure 284
information technology in accordance with the law or regulations, 285
or both, which govern the Bureau of Purchasing of the Office of 286
General Services or which govern the Mississippi Department of 287
Information Technology Services procurement of information 288
technology. 289
(p) The authority is authorized to purchase, lease, or 290
rent information technology for the purpose of establishing pilot 291
projects to investigate emerging technologies. These acquisitions 292
shall be limited to new technologies and shall be limited to an 293
amount set by annual appropriation of the Legislature. These 294
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acquisitions shall be exempt from the advertising and bidding 295
requirement. 296
(q) To promote the maximum use and benefit from 297
technology and services now in operation or which will in the 298
future be placed in operation and to identify opportunities, 299
minimize duplication, reduce costs and improve the efficiency of 300
providing common technology services the authority is authorized 301
to: 302
(i) Enter into master agreements for information 303
technology, including cloud computing, available for shared use by 304
state agencies, institutions of higher learning and governing 305
authorities; and 306
(ii) Enter into contracts for the acquisition of 307
information technology, including cloud computing, that have been 308
acquired by other entities, located within or outside of the State 309
of Mississippi, so long as it is determined by the authority to be 310
in the best interest of the state. The acquisitions provided in 311
this paragraph (q) shall be exempt from the advertising and 312
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 313
seq. 314
(r) All fees collected by the Mississippi Department of 315
Information Technology Services shall be deposited into the 316
Mississippi Department of Information Technology Services 317
Revolving Fund unless otherwise specified by the Legislature. 318
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(s) The authority shall work closely with the council 319
to bring about effective coordination of policies, standards and 320
procedures relating to procurement of remote sensing and 321
geographic information systems (GIS) resources. 322
(t) The authority shall manage one or more State Data 323
Centers to provide information technology services on a 324
cost-sharing basis. In determining the appropriate services to be 325
provided through the State Data Center, the authority should 326
consider those services that: 327
(i) Result in savings to the state as a whole; 328
(ii) Improve and enhance the security and 329
reliability of the state's information and business systems; and 330
(iii) Optimize the efficient use of the state's 331
information technology assets, including, but not limited to, 332
promoting partnerships with the state institutions of higher 333
learning and community colleges to capitalize on advanced 334
information technology resources. 335
(u) The authority shall oversee the Mississippi 336
Statewide Data Exchange, ensuring compliance with the requirements 337
of Section 25-53-281. The Department of Information Technology 338
Services shall have the authority to promulgate rules and 339
regulations necessary to develop, implement and oversee the 340
Mississippi Statewide Data Exchange. The department shall engage 341
with state agencies and other stakeholders to identify 342
data-sharing opportunities and address potential barriers. 343
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Additionally, the department shall establish a Chief Information 344
Officer (CIO) Council, composed of information technology 345
leadership from state agencies, to provide strategic oversight, 346
promote interoperability and recommend policies to enhance the 347
effectiveness and security of statewide data-sharing initiatives. 348
(v) The authority shall increase federal participation 349
in the cost of the State Data Center to the extent provided by law 350
and its shared technology infrastructure through providing such 351
shared services to agencies that receive federal funds. With 352
regard to state institutions of higher learning and community 353
colleges, the authority may provide shared services when mutually 354
agreeable, following a determination by both the authority and the 355
Board of Trustees of State Institutions of Higher Learning or the 356
Mississippi Community College Board, as the case may be, that the 357
sharing of services is mutually beneficial. 358
(w) The authority, in its discretion, may require new 359
or replacement agency business applications to be hosted at the 360
State Data Center. With regard to state institutions of higher 361
learning and community colleges, the authority and the Board of 362
Trustees of State Institutions of Higher Learning or the 363
Mississippi Community College Board, as the case may be, may agree 364
that institutions of higher learning or community colleges may 365
utilize business applications that are hosted at the State Data 366
Center, following a determination by both the authority and the 367
applicable board that the hosting of those applications is 368
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mutually beneficial. In addition, the authority may establish 369
partnerships to capitalize on the advanced technology resources of 370
the Board of Trustees of State Institutions of Higher Learning or 371
the Mississippi Community College Board, following a determination 372
by both the authority and the applicable board that such a 373
partnership is mutually beneficial. 374
(x) The authority shall provide a periodic update 375
regarding reform-based information technology initiatives to the 376
Chairmen of the House and Senate Accountability, Efficiency and 377
Transparency Committees. 378
From and after July 1, 2018, the expenses of this agency 379
shall be defrayed by appropriation from the State General Fund. 380
In addition, in order to receive the maximum use and benefit from 381
information technology and services, expenses for the provision of 382
statewide shared services that facilitate cost-effective 383
information technology shall be defrayed by pass-through funding 384
and shall be deposited into the Mississippi Department of 385
Information Technology Services Revolving Fund unless otherwise 386
specified by the Legislature. These funds shall only be utilized 387
to pay the actual costs incurred by the Mississippi Department of 388
Information Technology Services for providing these shared 389
services to state agencies. Furthermore, state agencies shall 390
work in full cooperation with the Board of the Mississippi 391
Department of Information Technology Services to identify 392
information technology to minimize duplication, reduce costs, and 393
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improve the efficiency of providing common technology services 394
across agency boundaries. 395
SECTION 4. Section 25-53-7, Mississippi Code of 1972, is 396
brought forward as follows: 397
25-53-7. (1) The membership of the authority shall be 398
composed of five (5) members to be appointed by the Governor with 399
the advice and consent of the Senate. The initial terms of the 400
members shall be for one (1), two (2), three (3), four (4) and 401
five (5) years, respectively, and thereafter all terms shall be 402
for five (5) years. Each member may continue to serve for a 403
period not to exceed twelve (12) months after the expiration of 404
his term if his successor is not duly appointed. The initial 405
appointments to the reconstituted authority shall be made no later 406
than June 30, 1984, for terms to begin on July 1, 1984. Vacancies 407
shall be filled in the same manner as original appointments for 408
the unexpired portion of the term vacated. Each member of the 409
authority shall have a minimum of four (4) years' experience in an 410
information technology-related executive position or prior service 411
as a member of the authority. 412
(2) Each member of the authority shall be required to 413
furnish a surety bond in the minimum amount of Fifty Thousand 414
Dollars ($50,000.00) to be approved by the Secretary of State, 415
conditioned according to law and payable to the State of 416
Mississippi, before entering upon his duties. The premiums on 417
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such bonds shall be paid from any funds available to the authority 418
for such purpose. 419
(3) No member of the authority, nor its executive director, 420
shall, during his term as such member or director, have any 421
substantial beneficial interest in any corporation or other 422
organization engaged in the information technology business either 423
as manufacturer, supplier, lessor, or otherwise. All members and 424
the executive director shall fully disclose in writing any such 425
beneficial interest, and such disclosure shall be entered on the 426
minutes of the authority. 427
(4) The Lieutenant Governor may designate one (1) Senator 428
and the Speaker of the House of Representatives may designate one 429
(1) Representative to attend any meeting of the authority. The 430
appointing authorities may designate an alternate member from 431
their respective houses to serve when the regular designee is 432
unable to attend such meetings of the authority. Such legislative 433
designees shall have no jurisdiction or vote on any matter within 434
the jurisdiction of the authority. For attending meetings of the 435
authority, such legislators shall receive per diem and expenses 436
which shall be paid from the contingent expense funds of their 437
respective houses in the same amounts as provided for committee 438
meetings when the Legislature is not in session; however, no per 439
diem and expenses for attending meetings of the authority will be 440
paid while the Legislature is in session. No per diem and 441
expenses will be paid except for attending meetings of the 442
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authority without prior approval of the proper committee in their 443
respective houses. 444
SECTION 5. Section 25-53-9, Mississippi Code of 1972, is 445
brought forward as follows: 446
25-53-9. The members of the authority shall be compensated 447
by a per diem as is authorized by Section 25-3-69 for each day 448
spent in actual discharge of their duties, and shall be reimbursed 449
for mileage and actual expenses incurred in the performance of 450
their duties as provided in Section 25-3-41. No authority member 451
may incur per diem, travel, or other expenses unless previously 452
authorized by vote at a meeting of the authority, which action 453
shall be recorded in the official minutes of said meeting. 454
SECTION 6. Section 25-53-11, Mississippi Code of 1972, is 455
brought forward as follows: 456
25-53-11. The authority shall meet regularly at a place 457
designated by it once each calendar month and shall meet at such 458
other times as may be set upon call of the chairman or a majority 459
of the members of the authority. At its first meeting, the 460
authority shall organize and elect a chairman and vice chairman 461
and, as soon as practicable thereafter, the authority shall adopt 462
such rules and regulations, not contrary to the provisions of this 463
chapter and the other laws of the State of Mississippi, as shall 464
be necessary and proper to govern its proceedings. The authority 465
may either elect a secretary from among its membership or delegate 466
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the executive director or another employee of the authority as its 467
secretary. 468
SECTION 7. Section 25-53-13, Mississippi Code of 1972, is 469
brought forward as follows: 470
25-53-13. In order to have a quorum for a meeting of the 471
authority, at least three (3) members of the authority must be 472
present. 473
SECTION 8. Section 25-53-15, Mississippi Code of 1972, is 474
brought forward as follows: 475
25-53-15. Any member of the authority may have his vote on 476
any question before the authority recorded on the minutes thereof 477
at the time of the vote, and a member of the authority who votes 478
against an illegal or unauthorized expenditure of funds may not be 479
held liable therefor. 480
SECTION 9. Section 25-53-17, Mississippi Code of 1972, is 481
brought forward as follows: 482
25-53-17. The authority shall keep full, complete, and 483
permanent minutes and records of all its proceedings, including 484
the rules and regulations adopted by it, and said minutes shall be 485
signed by the chairman, or vice-chairman, and attested by the 486
secretary. 487
SECTION 10. Section 25-53-19, Mississippi Code of 1972, is 488
brought forward as follows: 489
25-53-19. The authority shall select an executive director, 490
with the advice and consent of the Senate, who shall be the 491
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administrative officer of the authority and shall perform such 492
duties as are required of him by law and such other duties as may 493
be assigned him by the authority, and who shall receive such 494
compensation as may be fixed by the authority, subject to the 495
approval of the state personnel board. In addition, he shall be 496
entitled to remuneration for his necessary traveling expenses 497
consistent with general law. 498
The executive director shall be a graduate of an accredited 499
university with a degree in engineering, business administration, 500
electronic communications, information technology or a related 501
field, with at least ten (10) years' experience in information 502
technology, electronic communications, or a related field, of 503
which at least five (5) years shall be in a responsible high level 504
management position with a demonstrated record of management 505
expertise demonstrated through knowledge in the application of 506
information technology and electronic communications. The 507
qualifications for the executive director prescribed herein shall 508
not apply to the executive director serving on June 30, 1984. 509
The executive director shall have no vote in the decisions of 510
said authority, but shall offer such professional or technical 511
advice and assistance to the authority as may be required of him. 512
Said executive director, in order to qualify for his position, 513
shall be required to make a good and sufficient bond in some 514
surety company qualified and doing business in the State of 515
Mississippi, in the minimum penal sum of Fifty Thousand Dollars 516
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($50,000.00) conditioned upon the faithful performance of his 517
duties as required by law and the directives of the authority. 518
The premium on said bond shall be paid from any funds available to 519
the authority for such purpose. Said executive director may be 520
removed at any time upon a majority vote of the membership of said 521
authority. 522
The executive director, with the approval of the authority, 523
shall employ such technical, professional, and clerical help as 524
may be authorized by the authority; and the authority, upon the 525
recommendation of the executive director, shall define the duties 526
and fix the compensation of such employees. 527
SECTION 11. Section 25-53-21, Mississippi Code of 1972, is 528
brought forward as follows: 529
25-53-21. The executive director shall have the following 530
duties, responsibilities and authority: 531
(a) He shall conduct continuing studies of all 532
information technology activities carried out by all agencies of 533
the state and shall develop a long-range plan for the efficient 534
and economical performance of such activities in state government. 535
Such plan shall be submitted to the authority for its approval 536
and, having been approved by the authority, shall be implemented 537
by the executive director and all state agencies. Such plan shall 538
be continuously reviewed and modifications thereof shall be 539
proposed to the authority by the executive director as 540
developments in information technology techniques and changes in 541
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the structure, activities, and functions of state government may 542
require. 543
(b) He shall review the purchasing practices of all 544
state agencies in the area of the purchasing of supplies for 545
information technology and make recommendations to the authority 546
for the institution of purchasing procedures which will ensure the 547
most economical procurement of such supplies commensurate with the 548
efficient operation of all departments and agencies of state 549
government. 550
(c) He shall see that all reports required of all 551
agencies are promptly and accurately made in accordance with the 552
rules and regulations adopted by the authority. Either in person 553
or through his authorized agents, he shall make such inspections 554
of information technology operations being conducted by any of the 555
agencies of the state as may be necessary for the performance of 556
his duties. 557
(d) He shall suggest and cause to be brought about 558
cooperation between the several state agencies in order to provide 559
efficiency in information technology operation. He shall, 560
together with the heads of the agencies involved, reduce to 561
writing and execute cooperative plans for the acquisition and 562
operation of information technology equipment, and any such plan 563
so adopted shall be carried out in accordance with the provisions 564
of such plan unless the same shall be amended by the joint action 565
of the executive director and the heads of agencies involved. The 566
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executive director shall report to the authority the details of 567
any plan so adopted and all amendments or modifications thereof, 568
and shall otherwise report to the authority any failure on the 569
part of any agency to carry out the provisions of such plan. In 570
the event the head of any agency involved or the executive 571
director shall propose amendments to a plan so adopted and such 572
amendment is disapproved by the head of another agency involved or 573
the executive director, an appeal may be taken to the authority 574
which may, after full consideration thereof, order the adoption of 575
the proposed amendment or any modification thereof. The executive 576
director shall make decisions on all questions of the division of 577
the cost of information technology operations among the several 578
agencies, but his findings shall be subject to the approval or 579
modification by the authority on appeal to it. 580
(e) He shall review all contracts for acquisition of 581
information technology now or hereafter in force and may require 582
the renegotiation, termination, amendment or execution of any such 583
contracts in proper form and in accordance with the policies and 584
rules and regulations and subject to the direction of the 585
authority. A contract that expires by its terms may be renewed if 586
it is the intent of all parties to renew the contract within a 587
reasonable timeframe. In the negotiation and execution of such 588
contracts, the executive director may negotiate a limitation on 589
the liability to the state of prospective contractors provided 590
such limitation affords the state reasonable protection and the 591
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limitation is approved by the state entity for whom the 592
acquisition is being made. For purposes of this section, 593
reasonable protection does not include limitations on intentional 594
torts, negligence, death, bodily injury, bad faith, breach of 595
state data, infringement issues and damage to tangible state 596
property. 597
(f) He shall act as the purchasing and contracting 598
agent for the State of Mississippi in the negotiation and 599
execution of all contracts for the acquisition of information 600
technology. He shall receive, review, and promptly approve or 601
disapprove all requests of agencies of the state for the 602
acquisition of information technology, which are submitted in 603
accordance with rules and regulations of the authority. In the 604
event that any such request is disapproved, he shall immediately 605
notify the requesting agency and the members of the authority in 606
writing of such disapproval, stating his reasons therefor. The 607
disapproval of any request by the executive director of the 608
authority may be appealed to the authority in such manner as may 609
be authorized by such reasonable rules and regulations hereby 610
authorized to be adopted by the authority. The executive director 611
shall report the approval of all such requests to the authority in 612
such manner as may be directed by the authority, and shall execute 613
any such contracts only after complying with rules and regulations 614
which may be adopted by the authority in relation thereto. Any 615
contracts for personal or professional services entered into by 616
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the executive director shall be exempted from the requirements of 617
Section 25-9-120(3) relating to submission of such contract to the 618
State Personal Service Contract Review Board. 619
(g) He shall suggest and cause to be brought about 620
cooperation between the several state agencies, departments and 621
institutions in order that work may be done by one agency for 622
another agency, and equipment in one agency may be made available 623
to another agency, and suggest and cause to be brought about such 624
improvements as may be necessary in joint or cooperative 625
information technology operations. 626
(h) He shall be designated as the "Chief Information 627
Confidentiality Officer" after being duly sworn to the oath of 628
this office by the chairman of the authority and shall be 629
responsible for administering the oath to other qualified officers 630
he may designate. 631
(i) He shall appoint employees of the Mississippi 632
Department of Information Technology Services, or at his 633
discretion, employees of other state agencies and institutions 634
that are responsible for handling or processing data for any 635
agency or institution other than that for which they are employed, 636
to a position of information custodial care that shall be known as 637
"Information Confidentiality Officer." The selection and swearing 638
of all officers shall be reported to the authority at the next 639
regular meeting and names, affirmation dates and employment dates 640
shall be recorded in the permanent minutes of the authority. 641
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SECTION 12. Section 25-53-23, Mississippi Code of 1972, is 642
brought forward as follows: 643
25-53-23. The authority shall act upon all appeals of 644
decisions made by the executive director thereof and shall, upon 645
such appeals, approve or disapprove such administrative actions as 646
may be taken by him. The form of an appeal to the full authority 647
from an action or recommendation of the executive director thereof 648
shall be a written communication from the executive head of the 649
agency or agencies involved to the chairman of the authority, 650
stating the objection and a request to appear before the full 651
authority to present the case in point, on which appeal the 652
authority shall take such action as is indicated by the facts 653
presented to or made available to the authority. 654
SECTION 13. Section 25-53-25, Mississippi Code of 1972, is 655
brought forward as follows: 656
25-53-25. (1) Except as otherwise provided in Section 657
25-53-5, 25-53-25(5) or any other provision of law, nothing in 658
this chapter shall be construed to imply exemption from the public 659
purchases law, being Section 31-7-1 et seq. 660
(2) The authority may establish policies and procedures for 661
the purpose of delegating the acquisition and contracting 662
responsibilities related to the procurement of information 663
technology to the purchasing agency. Such policies and procedures 664
must address the following issues: 665
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(a) Establish categories of equipment or services 666
affected; 667
(b) Establish maximum unit and/or ceiling prices of 668
such procurements; 669
(c) Establish reporting, monitoring and control of such 670
procurements; and 671
(d) Establish other such rules and regulations as 672
necessary to fully implement the purposes of this section. 673
Nothing in this subsection shall be construed to imply exemption 674
from the public purchases law, being Section 31-7-1 et seq. 675
(3) Acquisitions of information technology by institutions 676
of higher learning or junior colleges wholly with federal funds 677
and not with state general funds shall be exempt from the 678
provisions of this chapter; however, nothing in this subsection 679
shall be construed to imply an exemption of such acquisitions from 680
the public purchases law, being Section 31-7-1 et seq. 681
(4) [Repealed] 682
(5) Acquisitions of information technology made by agencies 683
while exempt from the public purchasing requirements of this 684
chapter and/or as specified in the authority's regulations shall 685
remain exempt until a new acquisition is required, as determined 686
by ITS. 687
SECTION 14. Section 25-53-29, Mississippi Code of 1972, is 688
brought forward as follows: 689
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25-53-29. (1) For the purposes of this section the term 690
"bureau" shall mean the "Mississippi Department of Information 691
Technology Services." The authority shall have the following 692
powers and responsibilities to carry out the establishment of 693
policy and provide for long-range planning and consulting: 694
(a) Provide a high level of technical expertise for 695
agencies, institutions, political subdivisions and other 696
governmental entities as follows: planning; consulting; project 697
management; systems and performance review; system definition; 698
design; application programming; training; development and 699
documentation; implementation; maintenance; and other tasks as may 700
be required, within the resources available to the bureau. 701
(b) Publish written planning guides, policies and 702
procedures for use by agencies and institutions in planning future 703
information technology. The bureau may require agencies and 704
institutions to submit data, including periodic electronic 705
equipment inventory listings, information on agency staffing, 706
systems under study, planned applications for the future, and 707
other information needed for the purposes of preparing the state 708
master plan. The bureau may require agencies and institutions to 709
submit any additional data required for purposes of preparing the 710
state master plan. 711
(c) Inspect agency facilities and equipment, interview 712
agency employees and review records at any time deemed necessary 713
by the bureau for the purpose of identifying cost-effective 714
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applications of electronic information technology. Upon 715
conclusion of any inspection, the bureau shall issue a management 716
letter containing cost estimates and recommendations to the agency 717
head and governing board concerning applications identified that 718
would result in staff reductions, other monetary savings and 719
improved delivery of public services. 720
(d) Conduct classroom and on-site training for end 721
users for applications and systems developed by the bureau. 722
(e) Provide consulting services to agencies and 723
institutions or Mississippi governmental subdivisions requesting 724
technical assistance in information technology. The bureau may 725
submit proposals and enter into contracts to provide services to 726
agencies and institutions or governmental subdivisions for such 727
purposes. 728
(2) The bureau shall annually issue a three-year master plan 729
in writing to the Governor, available on request to any member of 730
the Legislature, including recommended statewide strategies and 731
goals for the effective and efficient use of information 732
technology in state government. The report shall also include 733
recommended information policy actions and other recommendations 734
for consideration by the Governor and members of the Legislature. 735
(3) The bureau shall make an annual report in writing to the 736
Governor, available on request to any member of the Legislature, 737
to include a full and detailed account of the work of the 738
authority for the preceding year. The report shall contain 739
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recommendations to agencies and institutions resulting from 740
inspections or consulting contracts. The report shall also 741
contain a summary of the master plan, progress made, and 742
legislative and policy recommendations for consideration by the 743
Governor and members of the Legislature. 744
(4) The bureau may charge fees to agencies and institutions 745
for services rendered to them. The bureau may charge fees to 746
vendors to recover the cost of providing procurement services and 747
the delivery of procurement awards to public bodies. The amounts 748
of such fees shall be set by the authority upon recommendation of 749
the Executive Director of the ITS, and all such fees collected 750
shall be paid into the fund established for carrying out the 751
purposes of this section. 752
(5) The bureau may, from time to time, at the discretion of 753
the Executive Director of ITS, contract with firms or qualified 754
individuals to be used to augment the bureau's professional staff 755
in order to assure timely completion and implementation of 756
assigned tasks, provided that funds are available in the fund 757
established for carrying out the purposes of this section. Such 758
individuals may be employees of any agency, bureau or institution 759
provided that these individuals or firms meet the requirements of 760
other individuals or firms doing business with the state through 761
the ITS. Individuals who are employees of an agency or 762
institution may contract with the ITS only with the concurrence of 763
the agency or institution for whom they are employed. 764
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From and after July 1, 2018, the expenses of this agency 765
shall be defrayed by appropriation from the State General Fund. 766
In addition, in order to receive the maximum use and benefit from 767
information technology, expenses for the provision of statewide 768
shared services that facilitate cost-effective information 769
processing and telecommunication solutions shall be defrayed by 770
pass-through funding and shall be deposited into the Mississippi 771
Department of Information Technology Services Revolving Fund 772
unless otherwise specified by the Legislature. These funds shall 773
only be utilized to pay the actual costs incurred by the ITS for 774
providing these shared services to state agencies. Furthermore, 775
state agencies shall work in full cooperation with the ITS to 776
identify information technology to minimize duplication, reduce 777
costs, and improve the efficiency of providing common technology 778
services across agency boundaries. 779
SECTION 15. Section 25-53-51, Mississippi Code of 1972, is 780
brought forward as follows: 781
25-53-51. (1) To qualify for the position of information 782
confidentiality officer a person must: 783
(a) Be an employee of a state agency or institution in 784
a position such that his duties require him to handle or process 785
or supervise the handling or processing of data in conjunction 786
with the use of automated information technology equipment for an 787
agency or institution other than that for whom he is regularly 788
employed. 789
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(b) Have been continuously employed for a period of at 790
least one hundred eighty (180) days by such agency or institution 791
or have successfully been cleared for employment through an 792
investigation that shall consist of a determination as to good 793
moral character and that the prospective employee has not been 794
convicted of a felony. In order to determine the applicant's 795
suitability for employment at the Mississippi Department of 796
Information Technology Services, the applicant shall be 797
fingerprinted. If no disqualifying record is identified at the 798
state level, the fingerprints shall be forwarded by the 799
Mississippi Department of Public Safety to the Federal Bureau of 800
Investigation for a national criminal history record check. A 801
prospective employee may be provisionally employed based on a 802
reference check by the employing agency pending final receipt of 803
the results of a national criminal history record check for a 804
period not to exceed one hundred eighty (180) days. 805
(c) Successfully complete a suitable instructional 806
course on the subjects of information security, privacy and 807
confidentiality and protection, to be developed and taught under 808
the supervision of the executive director. An employee may work 809
in a provisional capacity under the direct supervision of an 810
information confidentiality officer as part of an on-the-job 811
training program while completing instructional requirements, for 812
a period not to exceed ninety (90) days. 813
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(d) Be duly sworn to the following oath: "I, ______, 814
do solemnly swear to protect and uphold the confidentiality of all 815
information that may come to my knowledge that is designated as 816
'confidential information' by another state agency or institution 817
for which I may handle or process in the normal course of my 818
duties. I swear to exercise reasonable care in the handling and 819
processing of all such designated data and further that I will not 820
reveal or otherwise divulge information from such data obtained. 821
I understand that proven violation of this oath will subject me to 822
forfeiture of my bond and dismissal from employment." 823
(2) In order to maintain appropriate liability insurance 824
necessary to cover damages for any nonmalicious act, the 825
Department of Information Technology Services will work in 826
conjunction with the Tort Claims Board. 827
(3) In order to clear vendors, such as maintenance 828
personnel, security personnel, cleaning personnel, contractors and 829
other vendors with a valid need to gain access into the State Data 830
Centers and campus, the department shall determine these 831
individuals have not been convicted of a felony through a 832
fingerprint-based criminal history background check. If no 833
disqualifying record is identified at the state level, the 834
fingerprints shall be forwarded by the Department of Public Safety 835
to the Federal Bureau of Investigation for a national criminal 836
history record check. 837
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SECTION 16. Section 25-53-53, Mississippi Code of 1972, is 838
brought forward as follows: 839
25-53-53. Information and data shall be considered public 840
record information and data and receive normal handling and 841
processing unless designated as "confidential information" by the 842
agency and institution originating the data. Information and data 843
designated as "confidential information" will receive special 844
handling based on procedures agreed to by the executive director 845
and the agency or institution head and shall be handled in 846
accordance with the oath subscribed to by the confidentiality 847
officer. 848
SECTION 17. Section 25-53-55, Mississippi Code of 1972, is 849
brought forward as follows: 850
25-53-55. Upon written complaint of any person claiming to 851
be adversely affected by disclosure of confidential information by 852
any information confidentiality officer, the director shall give 853
notice to the information confidentiality officer of the fact that 854
such complaint has been filed and shall give such notice to the 855
Chairman of the Mississippi Department of Information Technology 856
Services, who shall call a meeting of the members of the authority 857
for the purpose of hearing such complaint. The authority shall 858
then conduct an investigation into the matter and shall afford to 859
the complaining party and the information confidentiality officer 860
a hearing, of which reasonable notice shall be given. For 861
purposes of such hearing, the authority, under signature of the 862
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secretary of the authority attested by the chairman, shall have 863
the power to subpoena witnesses and documentary or other evidence. 864
After such hearing, if the authority, based upon substantial 865
evidence, shall find that the information confidentiality officer 866
has disclosed confidential information in violation of his oath, 867
the authority shall enter such finding of fact on its minutes and 868
the information confidentiality officer shall be immediately 869
discharged from employment. If the authority shall find that such 870
oath has not been violated, it shall, likewise, enter such finding 871
on its minutes and the complaint shall be dismissed. The finding 872
of the authority shall be prima facie evidence of the truth 873
thereof in any judicial procedure seeking forfeiture of the bond 874
of such information confidentiality officer. 875
SECTION 18. Section 25-53-57, Mississippi Code of 1972, is 876
brought forward as follows: 877
25-53-57. An information confidentiality officer shall be 878
considered a legal agent of the agency or institution and for the 879
purposes of Sections 25-53-51 through 25-53-59 shall be considered 880
to be an employee of the agency or institution for which he may be 881
processing data at that particular time. 882
SECTION 19. Section 25-53-59, Mississippi Code of 1972, is 883
brought forward as follows: 884
25-53-59. Any information confidentiality officer who shall 885
intentionally and willfully violate his oath by releasing or 886
divulging confidential information without proper authority shall 887
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be guilty of a misdemeanor and sentenced to not exceeding one (1) 888
year in jail or a fine of not exceeding One Thousand Dollars 889
($1,000.00), or both. 890
SECTION 20. Section 25-53-105, Mississippi Code of 1972, is 891
brought forward as follows: 892
25-53-105. The Mississippi Department of Information 893
Technology Services shall administer the provisions of Sections 894
25-53-109 through 25-53-125. The purposes and aims of the 895
Mississippi Department of Information Technology Services in 896
carrying out said provisions shall be to coordinate and promote 897
efficiency in the acquisition, operation and maintenance of all 898
telecommunications systems and networks being used by agencies of 899
the state and further to coordinate the compatibility of systems 900
and networks to the state with those of governing authorities so 901
as to promote a uniform, compatible telecommunications system for 902
agencies and governing authorities. 903
SECTION 21. Section 25-53-107, Mississippi Code of 1972, is 904
brought forward as follows: 905
25-53-107. (1) The Mississippi Department of Information 906
Technology Services shall promulgate rules and regulations 907
governing the manner in which the authority and duties prescribed 908
by Sections 25-53-101 through 25-53-125 shall be carried out. It 909
shall employ competent personnel necessary to carry out its 910
purposes, under rules promulgated by the State Personnel Board. 911
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(2) The bureau, during a fiscal year, may utilize 912
time-limited escalated positions in order to implement 913
telecommunications enterprise decisions that yield cost avoidance, 914
cost reductions or revenue increases and so long as the 915
Mississippi Department of Information Technology Services can 916
provide the necessary funds without such action causing a 917
telephone service rate increase to agency customers. Such 918
employees of the bureau shall be considered nonstate service 919
employees, shall be highly qualified telecommunications 920
professionals and may be compensated at a rate comparable to the 921
prevailing rate of telecommunications personnel in the private 922
sector. Such compensation rates shall be determined by the State 923
Personnel Director. The number of such positions shall be set by 924
annual appropriation legislation. The compensation and 925
classification of such positions and qualifications of employees 926
shall be set by the State Personnel Board upon recommendation by 927
the Executive Director of the Mississippi Department of 928
Information Technology Services. Nonstate service positions can 929
be recommended for conversion to permanent state service on a case 930
by case basis if the supported function appears long-term in 931
duration, if accomplished in accordance with State Personnel Board 932
procedures, and if properly identified in the state budgetary 933
process. 934
SECTION 22. Section 25-53-109, Mississippi Code of 1972, is 935
brought forward as follows: 936
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25-53-109. The bureau is hereby authorized and empowered to 937
exercise such duties and powers necessary to effectuate the 938
purposes of Sections 25-53-101 through 25-53-125 including the 939
following: 940
(a) Form an advisory council made up of persons with 941
expertise, and experience in the field of telecommunications for 942
the purpose of setting goals, establishing long-range plans and 943
policies and to oversee and assist in the procurement activities 944
regarding telecommunications equipment and services; 945
(b) Provide more effective management of state 946
telecommunications resources and implement long-range plans and 947
procurement; 948
(c) Manage, plan and coordinate all telecommunications 949
systems under the jurisdiction of the state. This centralized 950
management function would be provided throughout the following 951
activities: 952
(i) Administration of existing systems including 953
coordination of activities, vendors, service orders and 954
billing/record-keeping functions; 955
(ii) Planning of new systems or services; 956
(iii) Design of replacement systems; 957
(iv) Project management during specification 958
writing, bid letting, proposal evaluation and contract 959
negotiations; 960
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(v) Implementation supervision of new systems and 961
ongoing support; 962
(vi) Implementation of long-term state plans; and 963
(vii) Management of intra-LATA and inter-LATA 964
networks. 965
SECTION 23. Section 25-53-111, Mississippi Code of 1972, is 966
brought forward as follows: 967
25-53-111. The bureau shall have the following additional 968
duties: 969
(a) To establish and coordinate through either state 970
ownership or commercial leasing, all telecommunications systems 971
and services affecting the management and operations of the state. 972
(b) To act as the sole centralized customer for the 973
acquisition, billing and record keeping of all telecommunications 974
systems or services provided to state agencies whether obtained 975
through lease or purchase. 976
(c) To charge respective user agencies for their 977
proportionate cost of the installation, maintenance and operation 978
of the telecommunications systems and services, including the 979
operation of the bureau. 980
(d) To offer or provide transmission, switch and 981
network services on a reimbursable basis to agencies financed 982
entirely by federal funds, to governing authorities and to other 983
governmental agencies. 984
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(e) To approve or provide state telephone services on a 985
reimbursable basis to full-time students at state institutions of 986
higher learning and junior colleges, including where such services 987
are provided by the state or the institution. 988
(f) To develop coordinated telecommunications systems 989
or services within and among all state agencies and require, where 990
appropriate, cooperative utilization of telecommunications 991
equipment and services by aggregating users. Where such 992
cooperative utilization of telecommunications system or service 993
would affect an agency authorized to receive information from the 994
National Crime Information Center of the Federal Bureau of 995
Investigation, such plans for cooperative utilization shall first 996
be approved by the National Crime Information Center before 997
implementation of such telecommunications systems or service can 998
proceed. 999
(g) To review, coordinate, approve or disapprove all 1000
requests by state agencies for the procurement, through purchase 1001
or contract for lease of telecommunications systems or services 1002
including telecommunication proposals, studies and consultation 1003
contracts and intra-LATA and inter-LATA transmission channels. 1004
(h) To establish and define telecommunications systems 1005
and services specifications and designs so as to assure 1006
compatibility of telecommunications systems and services within 1007
state government and governing authorities. 1008
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(i) To provide a continuous, comprehensive analysis and 1009
inventory of telecommunications costs, facilities and systems 1010
within state government. 1011
(j) To promote, coordinate or assist in the design and 1012
engineering of emergency telecommunications systems, including but 1013
not limited to "911" service, emergency medical services and other 1014
emergency telecommunications services. 1015
(k) To advise and provide consultation to agencies and 1016
governing authorities with respect to telecommunications 1017
management planning and related matters and to provide training to 1018
users within state government in telecommunications technology and 1019
system use. 1020
(l) To develop policies, procedures and long-range 1021
plans, consistent with the protection of citizens' rights to 1022
privacy and access to information, for the acquisition and use of 1023
telecommunications systems, and to base such policies on current 1024
information about state telecommunications activities in relation 1025
to the full range of emerging technologies. 1026
Any state agency requesting an increase in expenditure of 1027
funds for new telecommunications equipment systems or services 1028
shall submit to the Legislative Budget Office with its budget 1029
request preceding the fiscal year for which funding is requested 1030
detailed justification for such request. The justification shall 1031
be provided on forms developed by the bureau in accordance with 1032
the Administrative Procedure Act. In addition, all state agencies 1033
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shall submit to the bureau, when requested, a long-range plan for 1034
use of telecommunications equipment, systems and services. 1035
SECTION 24. Section 25-53-113, Mississippi Code of 1972, is 1036
brought forward as follows: 1037
25-53-113. Each and every agency of the state shall give 1038
full cooperation to the bureau in furnishing all information of 1039
any kind as it pertains to telecommunications. 1040
SECTION 25. Section 25-53-113, Mississippi Code of 1972, is 1041
brought forward as follows: 1042
25-53-113. Each and every agency of the state shall give 1043
full cooperation to the bureau in furnishing all information of 1044
any kind as it pertains to telecommunications. 1045
SECTION 26. Section 25-53-115, Mississippi Code of 1972, is 1046
brought forward as follows: 1047
25-53-115. No agency shall rent, lease, lease/purchase, 1048
purchase or in any way own or pay for the operation of any 1049
telecommunications system out of any funds available for the use 1050
by that agency without the written approval of the bureau. 1051
SECTION 27. Section 25-53-117, Mississippi Code of 1972, is 1052
brought forward as follows: 1053
25-53-117. No agency shall be permitted to obligate the 1054
state to any vendor source for a telecommunications system of any 1055
kind. All transactions dealing with a telecommunications system 1056
shall be conducted through the bureau, and any vendor found in 1057
violation of this policy may be prohibited from bidding on such 1058
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systems for a period of time commensurate with the severity of the 1059
violation. Provided, however, that this period shall not exceed 1060
twenty-four (24) months. 1061
SECTION 28. Section 25-53-119, Mississippi Code of 1972, is 1062
brought forward as follows: 1063
25-53-119. The bureau shall, subject to the provisions of 1064
Sections 25-53-101 through 25-53-125, have sole authority and 1065
responsibility for defining the specific telecommunications 1066
equipment, systems and related services to which the provisions of 1067
Sections 25-53-101 through 25-53-125 shall be applicable. 1068
However, the provisions of Sections 25-53-101 through 25-53-125 1069
shall not be applicable with respect to computer and 1070
telecommunications equipment, systems and related services that 1071
are only available from a sole source. 1072
SECTION 29. Section 25-53-121, Mississippi Code of 1972, is 1073
brought forward as follows: 1074
25-53-121. (1) The types of contracts permitted in the 1075
procurement of telecommunications equipment, systems and related 1076
services are defined herein, and the provisions in Sections 1077
25-53-101 through 25-53-125 and 25-53-5 supplement the provisions 1078
of Chapter 7, Title 31, Mississippi Code of 1972. 1079
(2) The Mississippi Department of Information Technology 1080
Services may, on behalf of any state agency, enter into an 1081
equipment support contract with a vendor of telecommunications 1082
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equipment or services for the purchase or lease of such equipment 1083
or services in accordance with the following provisions: 1084
(a) Specifications for equipment support contracts 1085
shall be developed in advance and shall conform to the following 1086
requirements: 1087
(i) Specifications for equipment support contracts 1088
shall cover a specific class or classes of equipment and service 1089
and may include all features associated with that class or 1090
classes. 1091
(ii) Specifications in the bid for equipment 1092
support contracts shall be developed by the Mississippi Department 1093
of Information Technology Services. 1094
(iii) Specifications shall be based on the 1095
projected needs of user agencies. 1096
(iv) Specifications for equipment support 1097
contracts for purchase or lease of telecommunications equipment 1098
may include specifications for the maintenance of the equipment 1099
desired. 1100
(b) The initial procurement of an equipment support 1101
contract, and procurement of equipment and services to be utilized 1102
by agencies under an equipment support contract, shall be as 1103
follows: 1104
(i) Equipment support contracts shall be awarded 1105
in accordance with Section 25-53-5. 1106
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(ii) A using agency may procure required 1107
telecommunications equipment and service available under an 1108
equipment support contract through release of a purchase order for 1109
the required equipment and service to the vendor holding an 1110
equipment support contract. However, such procurement by purchase 1111
order shall be accomplished in accordance with the procedures and 1112
regulations prescribed by the Mississippi Department of 1113
Information Technology Services, and shall be subject to all other 1114
statutory requirements including approval by the bureau. 1115
(c) The final authority for entering into equipment 1116
support contracts shall rest with the bureau, and such contracts 1117
shall be executed by the Mississippi Department of Information 1118
Technology Services in accordance with the procedures and 1119
regulations defined by said authority. 1120
(d) Equipment support contracts shall include the 1121
following annual appropriation dependency clause: 1122
"The continuation of this contract is contingent upon the 1123
appropriation of funds to fulfill the requirements of the contract 1124
by the Legislature. If the Legislature fails to appropriate 1125
sufficient monies to provide for the continuance of the contract, 1126
the contract shall terminate on the date of the beginning of the 1127
first fiscal year for which funds are not appropriated." 1128
(3) The Mississippi Department of Information Technology 1129
Services may on behalf of any state agency enter into contracts 1130
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for the lease or purchase of telecommunications equipment systems 1131
or services in accordance with the following provisions: 1132
(a) The bureau may directly contract for or approve 1133
contracts for regulated or tariffed telecommunications services 1134
upon determination by the bureau that the application of such 1135
service is in the best interests of the State of Mississippi. 1136
(b) All other contracts of this type shall be entered 1137
into through a bid as defined in Section 25-53-3. 1138
(c) The justification of such contracts must be 1139
presented to the bureau. Such justification shall identify and 1140
consider all cost factors relevant to that contract. 1141
(d) [Deleted] 1142
(e) All lease contracts must contain the following 1143
annual appropriation dependency clause: 1144
"The continuation of this contract is contingent upon the 1145
appropriation of funds to fulfill the requirements of the contract 1146
by the Legislature. If the Legislature fails to appropriate 1147
sufficient monies to provide for the continuation of a contract, 1148
the contract shall terminate on the date of the beginning of the 1149
first fiscal year for which funds are not appropriated." 1150
(f) The Mississippi Department of Information 1151
Technology Services shall maintain a list of all such contracts. 1152
This list shall show as a minimum the name of the vendor, the 1153
annual cost of each contract and the term of the contract or the 1154
purchase cost. 1155
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SECTION 30. Section 25-53-123, Mississippi Code of 1972, is 1156
brought forward as follows: 1157
25-53-123. (1) The only method of procurement permitted for 1158
the acquisition of nonregulated telecommunications systems, 1159
including equipment and related services, shall be in conformity 1160
with Section 25-53-5. 1161
SECTION 31. Section 25-53-125, Mississippi Code of 1972, is 1162
brought forward as follows: 1163
25-53-125. The following general provisions shall apply to 1164
all procurements under Sections 25-53-101 through 25-53-125: 1165
(a) No contracts entered into hereunder shall have an 1166
initial effective date earlier than the date on which such 1167
contract receives approval as required herein. 1168
(b) All changes, modifications and amendments to any 1169
contract hereunder shall be approved in advance by the bureau, in 1170
addition to any other approvals required by law. 1171
(c) The bureau shall promulgate rules and regulations 1172
in accordance with the Administrative Procedures Law, Section 1173
25-43-1.101 et seq., Mississippi Code of 1972, for the 1174
establishment of contract format. 1175
(d) Where written proposals or bids are submitted by 1176
vendors, the proposal or bid of the successful vendor shall be 1177
incorporated into the final contract consummated with that vendor. 1178
(e) The provisions of Sections 25-53-101 through 1179
25-53-125 shall, with respect to the procurement of 1180
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telecommunications equipment, systems or related services, 1181
supersede specifications of any contradictory or conflicting 1182
provisions of Chapter 7, Title 31, Mississippi Code of 1972, and 1183
other laws with respect to awarding public contracts. 1184
SECTION 32. Section 25-53-151, Mississippi Code of 1972, is 1185
brought forward as follows: 1186
25-53-151. (1) There is established in the State Treasury 1187
the "Electronic Government Services Fund," into which shall be 1188
deposited specific funds appropriated by the Legislature for 1189
developing and providing electronic government services within the 1190
State of Mississippi. Any funds in the Electronic Government 1191
Services Fund at the end of a fiscal year shall not lapse into the 1192
State General Fund, but shall be available for expenditure in the 1193
subsequent fiscal year. The funds in the Electronic Government 1194
Fund shall be available for expenditure pursuant to specific 1195
appropriation by the Legislature beginning in fiscal year 2002, to 1196
the Mississippi Department of Information Technology Services. 1197
(2) There is hereby established an Electronic Government 1198
Oversight Committee to oversee the implementation of E-Government 1199
and related technology initiatives. Duties of this committee 1200
would include: (a) prioritize and make recommendations for all 1201
electronic government services, in order to cut across state and 1202
local governmental organizational structures; (b) address policy 1203
issues such as privacy, security, transaction fees and 1204
accessibility; (c) review ongoing fiscal and operational 1205
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management and support of portal; (d) provide a mechanism for 1206
gathering input from citizens, businesses and government entities; 1207
(e) encourage self-service models for citizens through state 1208
websites and other electronic services; and (f) promote economic 1209
development and efficient delivery of government services by 1210
encouraging governmental and private sector entities to conduct 1211
their business and transactions using electronic media. The 1212
Electronic Government Oversight Committee shall be composed of the 1213
following: (a) the Executive Director of the Mississippi 1214
Department of Information Technology Services, or his designee; 1215
(b) the State Auditor, or his designee; (c) the State Treasurer, 1216
or his designee; (d) the Secretary of State, or his designee; (e) 1217
the Executive Director of the Department of Finance and 1218
Administration, or his designee; (f) the Commissioner of Public 1219
Safety, or his designee; (g) the Commissioner of Revenue, or his 1220
designee; (h) the Executive Director of the Mississippi Department 1221
of Wildlife, Fisheries and Parks or his designee; (i) the 1222
Executive Director of the Department of Archives and History or 1223
his/her designee. The committee shall annually elect one (1) 1224
member to serve as chairman and one (1) member to serve as vice 1225
chairman, who shall act as chairman in the absence of the 1226
chairman. The committee shall meet monthly or upon the call of 1227
the chairman, and shall make necessary reports and recommendations 1228
to the Legislature and the appropriate agencies of state 1229
government. All agencies of state government shall cooperate with 1230
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the committee in providing requested information, shall work 1231
closely with and provide information to the committee and shall 1232
report to the committee at its request. The Mississippi 1233
Department of Information Technology Services shall provide 1234
administrative support for the committee. Nonlegislative members 1235
of the committee shall serve without compensation. 1236
(3) The Electronic Government Oversight Committee shall 1237
advise and provide direction to the Department of Finance and 1238
Administration to develop a procurement portal that will enable 1239
potential vendors of goods and services to access relevant and 1240
necessary information related to the sale of the following types 1241
of goods and services to the State of Mississippi and its 1242
agencies: 1243
(a) Commodities, as defined by Section 31-7-1; 1244
(b) Contract personnel, as defined by Sections 25-9-107 1245
and 25-9-120; and 1246
(c) Computer equipment and services, as defined by 1247
Section 25-53-3. 1248
(4) The procurement portal provided for in subsection (3) 1249
must provide potential vendors with the following: 1250
(a) A searchable database of business procurement 1251
opportunities with the state which includes a breakdown by product 1252
or service and by the organization seeking the product or service; 1253
(b) Listings of the published date and closing date for 1254
each business procurement opportunity; 1255
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(c) A "Frequently Asked Questions" section regarding 1256
doing business with the respective agencies; 1257
(d) A breakdown of "Frequently Asked Questions" 1258
regarding the selection process with the respective agencies; 1259
(e) An open-air forum for questions and answers 1260
relating to the procurement process, in general, as well as 1261
specifically relating to a single contract; and 1262
(f) Links to individual agency websites and contacts to 1263
enable potential vendors to obtain more specific information, if 1264
necessary. 1265
(5) The procurement portal must be linked to the 1266
Transparency Mississippi website established in accordance with 1267
Sections 27-104-151 through 27-104-163. The Mississippi 1268
Department of Information Technology Services shall develop and 1269
maintain a link to the procurement portal from the state website. 1270
From and after July 1, 2018, the expenses of this agency 1271
shall be defrayed by appropriation from the State General Fund. 1272
In addition, in order to receive the maximum use and benefit from 1273
information technology and services, expenses for the provision of 1274
statewide shared services that facilitate cost-effective 1275
information processing and telecommunication solutions shall be 1276
defrayed by pass-through funding and shall be deposited into the 1277
Mississippi Department of Information Technology Services 1278
Revolving Fund unless otherwise specified by the Legislature. 1279
These funds shall only be utilized to pay the actual costs 1280
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incurred by the Mississippi Department of Information Technology 1281
Services for providing these shared services to state agencies. 1282
Furthermore, state agencies shall work in full cooperation with 1283
the Board of the Mississippi Department of Information Technology 1284
Services (MDITS) to identify computer equipment or services to 1285
minimize duplication, reduce costs, and improve the efficiency of 1286
providing common technology services across agency boundaries. 1287
SECTION 33. Section 25-53-171, Mississippi Code of 1972, is 1288
brought forward as follows: 1289
25-53-171. (1) There is hereby created the Wireless 1290
Communication Commission, which shall be responsible for promoting 1291
the efficient use of public resources to ensure that law 1292
enforcement personnel and essential public health and safety 1293
personnel have effective communications services available in 1294
emergency situations, and to ensure the rapid restoration of such 1295
communications services in the event of disruption caused by 1296
natural disaster, terrorist attack or other public emergency. 1297
(2) The Wireless Communication Commission, hereafter 1298
referred to as the "commission," shall consist of the following: 1299
(a) The Executive Director of the Department of 1300
Transportation or his designee; 1301
(b) The Commissioner of Public Safety or his designee; 1302
(c) The Executive Director of the Department of Public 1303
Health or his designee; 1304
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(d) The Executive Director of the Department of 1305
Information Technology Services or his designee; 1306
(e) The Executive Director of the Mississippi Emergency 1307
Management Agency or his designee; 1308
(f) The Executive Director of the Mississippi Office of 1309
Homeland Security or his designee; 1310
(g) The President of the Mississippi Sheriffs' 1311
Association or his designee; 1312
(h) The President of the Mississippi Association of 1313
Supervisors or his designee; 1314
(i) The President of the Mississippi Municipal 1315
Association or his designee; 1316
(j) The President of the Mississippi Association of 1317
Fire Chiefs or his designee; 1318
(k) The President of the Mississippi Association of 1319
Police Chiefs or his designee; 1320
(l) The Chief of the Mississippi Highway Safety Patrol 1321
or his designee; 1322
(m) The Commissioner of the Department of Corrections 1323
or his designee; 1324
(n) The Adjutant General of the Mississippi National 1325
Guard or his designee; 1326
(o) The Executive Director of the Mississippi 1327
Department of Environmental Quality or his designee; and 1328
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(p) The Executive Director of Wildlife, Fisheries and 1329
Parks or his designee. 1330
All members of the commission shall serve a term of not less 1331
than four (4) years. 1332
(3) Within forty-five (45) days from April 21, 2005, the 1333
Executive Director of the Department of Information Technology 1334
Services shall call a meeting of the commission in the City of 1335
Jackson, Mississippi, and organize by electing a chairman and 1336
other officers from its membership. The commission shall adopt 1337
rules which govern the time and place for meetings and governing 1338
the manner of conducting its business. The commission shall meet 1339
at least monthly and maintain minutes of such meetings. A quorum 1340
shall consist of a majority of the membership of the commission. 1341
(4) The commission, in conjunction with the Department of 1342
Information Technology Services, shall have the sole authority to 1343
promulgate rules and regulations governing the operations of the 1344
wireless communications system described in paragraph (a) and 1345
shall be vested with all legal authority necessary and proper to 1346
perform this function including, but not limited to: 1347
(a) Purchasing, leasing, acquiring and otherwise 1348
implementing a statewide wireless communications system to serve 1349
wireless users in state and local governments and those private 1350
entities that enter into a partnership with the commission. All 1351
purchases shall be made in accordance with public purchasing laws 1352
and, if required, shall be approved by the Department of 1353
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Information Technology Services. This system shall enable 1354
interoperability between various wireless communications 1355
technologies. 1356
(b) Ensuring that federal/state communications 1357
requirements are followed with respect to such wireless 1358
communications systems. 1359
(c) Providing system planning with all public safety 1360
communications systems. 1361
(d) Assisting with establishment of state and local 1362
wireless communications. 1363
(e) In consultation with the Department of Information 1364
Technology Services, having the authority to permit state and 1365
local agencies use of the communications system under the terms 1366
and conditions established by the commission. 1367
(f) Providing technical support to users and bearing 1368
the overall responsibility for the design, engineering, 1369
acquisition and implementation of the statewide communications 1370
system and for ensuring the proper operation and maintenance of 1371
all equipment common to the system. 1372
(g) Seeking proposals for services through competitive 1373
processes where required by law and selecting service providers 1374
under procedures provided for by law. 1375
(h) Establishing, in conjunction with the Department of 1376
Information Technology Services, policies, procedures and 1377
standards which shall be incorporated into a comprehensive 1378
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management plan for the operation of the statewide communications 1379
system. 1380
(i) Having sign-off approval on all wireless 1381
communications systems within the state which are owned or 1382
operated by any state or local governmental entity, agency or 1383
department. 1384
(j) Creating a standard user agreement. 1385
(5) The commission, in conjunction with the Department of 1386
Information Technology Services, shall exercise its powers and 1387
duties pursuant to this section to plan, manage and administer the 1388
wireless communications system. The commission may: 1389
(a) In consultation with the advisory board and the 1390
Department of Information Technology Services, establish policies, 1391
procedures and standards to incorporate into a comprehensive 1392
management plan for use and operation of the communications 1393
system. 1394
(b) Enter into mutual aid agreements among federal, 1395
state and local agencies for the use of the communications system. 1396
(c) Establish the cost of maintenance and operation of 1397
the system and charge subscribers for access and use of the 1398
system. 1399
(d) Assess charges for use of the system. 1400
(e) Obtain space through rent or lease of space on any 1401
tower under state control. The commission may also rent, lease or 1402
sublease ground space as necessary to locate equipment to support 1403
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antennae on the towers. The costs for use of such space shall be 1404
established by the owner/agent for each site when it is determined 1405
to be practicable and feasible to make space available. 1406
(f) Provide space through rent or lease of space on any 1407
tower under the commission's control. The commission may also 1408
rent, lease or sublease ground space as necessary to locate 1409
equipment to support antennae on the towers. The costs for use of 1410
such space shall be established by the commission when it is 1411
determined to be practicable and feasible to make space available. 1412
(g) Refuse to lease space on any tower at any site. 1413
All monies collected by the commission for such rents, leases or 1414
subleases shall be deposited directly into a special fund hereby 1415
created and known as the "Integrated Public Safety Communications 1416
Fund." This fund shall be administered by the Department of 1417
Information Technology Services and may be used by the commission 1418
to construct, maintain and operate the system. 1419
(h) Rent, lease or sublease ground space on lands 1420
acquired by the commission for the construction of privately owned 1421
or publicly owned towers. The commission, as part of such rental, 1422
lease or sublease agreement, may require space on such towers for 1423
antennae as may be necessary for the construction and operation of 1424
the wireless communications system. 1425
(i) Enter into and perform use and occupancy agreements 1426
concerning the system. 1427
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(j) Exercise any power necessary to carry out the 1428
intent of this law. 1429
(6) The Department of Transportation, the Department of 1430
Public Safety and other commission members may provide to the 1431
commission, on a full-time or part-time basis, personnel and 1432
technical support necessary and sufficient to effectively and 1433
efficiently carry out the requirements of this section. 1434
(7) (a) Expenditures from the Integrated Public Safety 1435
Communications Fund shall be administered by the Department of 1436
Information Technology Services with expenditures approved jointly 1437
by the commission and the Department of Information Technology 1438
Services. 1439
(b) The Integrated Public Safety Communications Fund 1440
may consist of the following: 1441
(i) Appropriations from the Legislature; 1442
(ii) Gifts; 1443
(iii) Federal grants; 1444
(iv) Fees and contributions from user agencies 1445
that the commission considers necessary to maintain and operate 1446
the system; and 1447
(v) Monies from any other source permitted by law. 1448
(c) Any monies remaining in the Integrated Public 1449
Safety Communications Fund at the end of the fiscal year shall not 1450
revert to the State General Fund, but shall remain in the 1451
Integrated Public Safety Communications Fund. 1452
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(8) Members of the commission shall not receive any 1453
compensation or per diem, but may receive travel reimbursement 1454
provided for under Section 25-3-41. 1455
(9) There is hereby created the Wireless Communication 1456
Advisory Board for the purpose of advising the Mississippi 1457
Wireless Communication Commission in performance of its duties. 1458
The advisory board shall be composed of the following: 1459
(a) The Chairman and Vice Chairman of the Senate Public 1460
Utilities Committee or their designees; 1461
(b) The Chairman and Vice Chairman of the House of 1462
Representatives Public Utilities Committee or their designees; 1463
(c) The Chairman of the Senate Appropriations Committee 1464
or his designee; 1465
(d) The Chairman of the House of Representatives 1466
Appropriations Committee or his designee; 1467
(e) The Chairman of the Senate Finance Committee or his 1468
designee; and 1469
(f) The Chairman of the House of Representatives Ways 1470
and Means Committee or his designee. 1471
Members of the advisory board shall receive per diem and 1472
expenses which shall be paid from the contingent expense funds of 1473
their respective houses in the same amounts as provided for 1474
committee meetings when the Legislature is not in session; 1475
however, no per diem and expenses for attending meetings of the 1476
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advisory board shall be paid to legislative members while the 1477
Legislature is in session. 1478
(10) It is the intent of the Legislature that all state and 1479
local government entities make available for purposes of this 1480
section all publicly owned wireless communications infrastructure, 1481
including, but not limited to, communications towers, transmission 1482
equipment, transmission frequencies and other related properties 1483
and facilities. 1484
(11) Nothing in this section shall be construed or 1485
interpreted to provide for the regulation or oversight of 1486
commercial mobile radio services. 1487
(12) Nothing in this section shall be construed to supersede 1488
the authority of the Department of Information Technology Services 1489
provided in Section 25-53-1 et seq. 1490
(13) From and after July 1, 2016, the expenses of this 1491
agency shall be defrayed by appropriation from the State General 1492
Fund and all user charges and fees authorized under this section 1493
shall be deposited into the State General Fund as authorized by 1494
law. 1495
(14) From and after July 1, 2016, no state agency shall 1496
charge another state agency a fee, assessment, rent or other 1497
charge for services or resources received by authority of this 1498
section. 1499
SECTION 34. Section 25-53-191, Mississippi Code of 1972, is 1500
brought forward as follows: 1501
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25-53-191. (1) For the purposes of this section, the 1502
following terms shall have the meanings ascribed to them in this 1503
section unless the context otherwise clearly requires: 1504
(a) "Department" means the Mississippi Department of 1505
Information Technology. 1506
(b) "State agency" means any agency, department, 1507
commission, board, bureau, institution or other instrumentality of 1508
the state. 1509
(c) "Wireless communication device" means a cellular 1510
telephone, pager or a personal digital assistant device having 1511
wireless communication capability. 1512
(2) Before a wireless communication device may be assigned, 1513
issued or made available to an agency officer or employee, the 1514
agency head, or his designee, shall sign a statement certifying 1515
the need or reason for issuing the device. No officer or employee 1516
of any state agency, except for an officer or employee of the 1517
Mississippi Emergency Management Agency, shall be assigned or 1518
issued more than one (1) such wireless communication device. No 1519
officer or employee of any state agency to whom has been assigned, 1520
issued or made available the use of a wireless communication 1521
device, the cost of which is paid through the use of public funds, 1522
shall use such device for personal use. 1523
(3) A state agency shall not reimburse any officer or 1524
employee for use of his or her personal wireless communication 1525
device. 1526
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(4) Every state agency that, at the expense of the state 1527
agency, assigns, issues or makes available to any of its officers 1528
or employees a wireless communication device shall obtain and 1529
maintain detailed billing for every wireless communication device 1530
account. A list of approved vendors for the procurement of 1531
wireless communication devices and the delivery of wireless 1532
communication device services shall be developed for all state 1533
agencies by the Mississippi Department of Information Technology 1534
Services. The department shall exercise the option of selecting 1535
one (1) vendor from which to procure wireless communication 1536
devices and to provide wireless communication device services, or 1537
if it deems such to be most advantageous to the state agencies, it 1538
may select multiple vendors. The department shall select a vendor 1539
or vendors on the basis of lowest and best bid proposals. A state 1540
agency may not procure a wireless communication device from any 1541
vendor or contract for wireless communication device services with 1542
any vendor unless the vendor appears on the list approved by the 1543
department. A contract entered into in violation of this section 1544
shall be void and unenforceable. 1545
(5) The department shall promulgate a model acceptable use 1546
policy defining the appropriate use of all wireless communication 1547
devices. The department shall include in its definition of 1548
appropriate use a prohibition on the downloading, accessing, or 1549
using of a prohibited technology pursuant to the National Security 1550
on State Devices and Networks Act. The acceptable use policy 1551
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should specify that these resources, including both devices and 1552
services, are provided at the state agency's expense as tools for 1553
accomplishing the business missions of the state agency; that all 1554
those resources are for business use; and that more than 1555
incidental personal use of those resources is prohibited. The 1556
acceptable use policy should require that each official and 1557
employee issued one (1) of the above devices or authorized to 1558
access one (1) of the above services sign the policy and that the 1559
signed copy be placed in the personnel file of the official or 1560
employee. The acceptable use policy should also require that the 1561
use of these resources be tracked, verified and signed by the 1562
official or employee and the supervisor of the official or 1563
employee at each billing cycle or other appropriate interval. All 1564
state agencies shall adopt the model policy or adopt a policy that 1565
is, at minimum, as stringent as the model policy and shall provide 1566
a copy of the policy to the department. 1567
(6) All state agencies shall purchase or acquire only the 1568
lowest cost cellular telephone, pager or personal digital 1569
assistance device which will carry out its intended use. 1570
(7) The University of Mississippi Medical Center and its 1571
employees, the Mississippi State University Extension Service and 1572
its agents and faculty members, the Mississippi State University 1573
Agricultural and Forestry Experiment Station and its faculty 1574
members, the Mississippi State University Forestry and Wildlife 1575
Research Center and its faculty members, and the Mississippi State 1576
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University College of Veterinary Medicine and its faculty members 1577
shall be exempt from the application of this section. 1578
(8) Employees of State Institutions of Higher Learning shall 1579
be exempt from the provisions of this section when incurring 1580
international usage charges for the business-related use of their 1581
personal wireless communication devices during business-related 1582
international travel. Such exemption shall only apply after a 1583
determination by the employer-institution that reimbursement to 1584
the employee for the use of his or her personal wireless 1585
communication device is the lowest-cost option to prevent business 1586
interruption during such travel. 1587
(9) The State Auditor shall conduct necessary audits to 1588
ensure compliance with the provisions of this section. 1589
SECTION 35. Section 25-53-193, Mississippi Code of 1972, is 1590
brought forward as follows: 1591
25-53-193. (1) This section shall be known and may be cited 1592
as the "National Security on State Devices and Networks Act." 1593
(2) For the purposes of this section, the following words 1594
and phrases shall have the meanings ascribed in this section 1595
unless the context clearly indicates otherwise: 1596
(a) "Prohibited technology" means any information 1597
technology deemed to pose an unacceptable risk to the security of 1598
the United States and/or the State of Mississippi by Mississippi 1599
and/or federal law, regulation, or guidance. 1600
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(b) "State-issued devices" means any desktop computer, 1601
laptop computer, cell phone, tablet or any other device capable of 1602
internet connectivity that is issued to a state employee pursuant 1603
to his or her employment and for use in carrying out his or her 1604
professional duties. 1605
(c) "State-operated networks" means any 1606
telecommunications network, including, but not limited to, 1607
wireless local area networks, wireless guest networks, virtual 1608
private networks, or other information technology network systems 1609
owned or operated by the Mississippi Department of Information 1610
Technology Services or any other state agency. 1611
(d) "State agency" means any agency, department, 1612
commission, board, bureau, institution or other instrumentality of 1613
the state. 1614
(e) "State employee" means an employee or agent 1615
complying with and performing duties on behalf of the state. 1616
(3) No state employee shall download, access, or use a 1617
prohibited technology on a state-issued device or a state-operated 1618
network. 1619
(4) The Mississippi Department of Information Technology 1620
Services, or any other appropriate state agency, shall restrict 1621
the download, access or use of prohibited technologies on 1622
state-operated networks. The Mississippi Department of 1623
Information Technology Services shall maintain and timely update a 1624
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publicly available list of such prohibited technologies on its 1625
website. 1626
(5) The provisions of this section shall not apply to law 1627
enforcement agencies of the state or its political subdivisions 1628
when downloading, accessing, or using a prohibited technology is 1629
necessary to carry out their official duties for bona fide law 1630
enforcement, investigative or public safety purposes. 1631
SECTION 36. Section 25-53-201, Mississippi Code of 1972, is 1632
brought forward as follows: 1633
25-53-201. (1) There is hereby established the Enterprise 1634
Security Program which shall provide for the coordinated oversight 1635
of the cybersecurity efforts across all state agencies, including 1636
cybersecurity systems, services and the development of policies, 1637
standards and guidelines. 1638
(2) The Mississippi Department of Information Technology 1639
Services (MDITS), in conjunction with all state agencies, shall 1640
provide centralized management and coordination of state policies 1641
for the security of data and information technology resources, 1642
which such information shall be compiled by MDITS and distributed 1643
to each participating state agency. MDITS shall: 1644
(a) Serve as sole authority, within the constraints of 1645
this statute, for defining the specific enterprise cybersecurity 1646
systems and services to which this statute is applicable; 1647
(b) Acquire and operate enterprise technology solutions 1648
to provide services to state agencies when it is determined that 1649
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such operation will improve the cybersecurity posture in the 1650
function of any agency, institution or function of state 1651
government as a whole; 1652
(c) Provide oversight of enterprise security policies 1653
for state data and information technology (IT) resources 1654
including, the following: 1655
(i) Establishing and maintaining the security 1656
standards and policies for all state data and IT resources state 1657
agencies shall implement to the extent that they apply; and 1658
(ii) Including the defined enterprise security 1659
requirements as minimum requirements in the specifications for 1660
solicitation of state contracts for procuring data and information 1661
technology systems and services; 1662
(d) Adhere to all policies, standards and guidelines in 1663
the management of technology infrastructure supporting the state 1664
data centers, telecommunications networks and backup facilities; 1665
(e) Coordinate and promote efficiency and security with 1666
all applicable laws and regulations in the acquisition, operation 1667
and maintenance of state data, cybersecurity systems and services 1668
used by agencies of the state; 1669
(f) Manage, plan and coordinate all enterprise 1670
cybersecurity systems under the jurisdiction of the state; 1671
(g) Develop, in conjunction with agencies of the state, 1672
coordinated enterprise cybersecurity systems and services for all 1673
state agencies; 1674
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(h) Provide ongoing analysis of enterprise 1675
cybersecurity systems and services costs, facilities and systems 1676
within state government; 1677
(i) Develop policies, procedures and long-range plans 1678
for the use of enterprise cybersecurity systems and services; 1679
(j) Form an advisory council of information security 1680
officers from each state agency to plan, develop and implement 1681
cybersecurity initiatives; 1682
(k) Coordinate the activities of the advisory council 1683
to provide education and awareness, identify cybersecurity-related 1684
issues, set future direction for cybersecurity plans and policy, 1685
and provide a forum for interagency communications regarding 1686
cybersecurity; 1687
(l) Charge respective user agencies on a reimbursement 1688
basis for their proportionate cost of the installation, 1689
maintenance and operation of the cybersecurity systems and 1690
services; and 1691
(m) Require cooperative utilization of cybersecurity 1692
systems and services by aggregating users. 1693
(3) Each state agency's executive director or agency head 1694
shall: 1695
(a) Be solely responsible for the security of all data 1696
and IT resources under its purview, irrespective of the location 1697
of the data or resources. Locations include data residing: 1698
(i) At agency sites; 1699
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(ii) On agency real property and tangible and 1700
intangible assets; 1701
(iii) On infrastructure in the State Data Centers; 1702
(iv) At a third-party location; 1703
(v) In transit between locations; 1704
(b) Ensure that an agency-wide security program is in 1705
place; 1706
(c) Designate an information security officer to 1707
administer the agency's security program; 1708
(d) Ensure the agency adheres to the requirements 1709
established by the Enterprise Security Program, to the extent that 1710
they apply; 1711
(e) Participate in all Enterprise Security Program 1712
initiatives and services in lieu of deploying duplicate services 1713
specific to the agency; 1714
(f) Develop, implement and maintain written agency 1715
policies and procedures to ensure the security of data and IT 1716
resources. The agency policies and procedures are confidential 1717
information and exempt from public inspection, except that the 1718
information must be available to the Office of the State Auditor 1719
in performing auditing duties; 1720
(g) Implement policies and standards to ensure that all 1721
of the agency's data and IT resources are maintained in compliance 1722
with state and federal laws and regulations, to the extent that 1723
they apply; 1724
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(h) Implement appropriate cost-effective safeguards to 1725
reduce, eliminate or recover from identified threats to data and 1726
IT resources; 1727
(i) Ensure that internal assessments of the security 1728
program are conducted. The results of the internal assessments 1729
are confidential and exempt from public inspection, except that 1730
the information must be available to the Office of the State 1731
Auditor in performing auditing duties; 1732
(j) Include all appropriate cybersecurity requirements 1733
in the specifications for the agency's solicitation of state 1734
contracts for procuring data and information technology systems 1735
and services; 1736
(k) Include a general description of the security 1737
program and future plans for ensuring security of data in the 1738
agency long-range information technology plan; 1739
(l) Participate in annual information security training 1740
designed specifically for the executive director or agency head to 1741
ensure that such individual has an understanding of: 1742
(i) The information and information systems that 1743
support the operations and assets of the agency; 1744
(ii) The potential impact of common types of 1745
cyber-attacks and data breaches on the agency's operations and 1746
assets; 1747
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(iii) How cyber-attacks and data breaches on the 1748
agency's operations and assets could impact the operations and 1749
assets of other state agencies on the Enterprise State Network; 1750
(iv) How cyber-attacks and data breaches occur; 1751
(v) Steps to be undertaken by the executive 1752
director or agency head and agency employees to protect their 1753
information and information systems; and 1754
(vi) The annual reporting requirements required of 1755
the executive director or agency head. 1756
(4) The Mississippi Department of Information Technology 1757
Services shall evaluate the Enterprise Security Program. Such 1758
evaluation shall include the following factors: 1759
(a) Whether the Enterprise Security Program 1760
incorporates nationwide best practices; 1761
(b) Whether opportunities exist to centralize and 1762
coordinate oversight of cybersecurity efforts across all state 1763
agencies; 1764
(c) A review of the minimum enterprise security 1765
requirements that must be incorporated in solicitations for state 1766
contracts for procuring data and information technology systems 1767
and services; and 1768
(d) Whether opportunities exist to expand the 1769
Enterprise Security Program, including providing oversight of 1770
cybersecurity efforts of those governing authorities as defined in 1771
Section 25-53-3(e). 1772
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In performing such evaluation, the Mississippi Department of 1773
Information Technology Services may retain experts. This 1774
evaluation shall be completed by November 1, 2023. All records in 1775
connection with this evaluation shall be exempt from the 1776
Mississippi Public Records Act of 1983, pursuant to Section 1777
25-61-11.2(f) and (k). 1778
(5) For the purpose of this subsection, the following words 1779
shall have the meanings ascribed herein, unless the context 1780
clearly indicates otherwise: 1781
(a) "Cyberattack" shall mean any attempt to gain 1782
illegal access, including any data breach, to a computer, computer 1783
system or computer network for purposes of causing damage, 1784
disruption or harm. 1785
(b) "Ransomware" shall mean a computer contaminant or 1786
lock placed or introduced without authorization into a computer, 1787
computer system or computer network that restricts access by an 1788
authorized person to the computer, computer system, computer 1789
network or any data therein under circumstances in which the 1790
person responsible for the placement or introduction of the 1791
ransomware demands payment of money or other consideration to 1792
remove the computer contaminant, restore access to the computer, 1793
computer system, computer network or data, or otherwise remediate 1794
the impact of the computer contaminant or lock. 1795
(c) From and after July 1, 2023, all state agencies 1796
shall notify the Mississippi Department of Information Technology 1797
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Services of any cyberattack or demand for payment as a result of 1798
ransomware no later than the close of the next business day 1799
following the discovery of such cyberattack or demand. The 1800
Mississippi Department of Information Technology Services shall 1801
develop a reporting format to be utilized by state agencies to 1802
provide such notification. The Mississippi Department of 1803
Information Technology Services shall periodically analyze all 1804
such reports and attempt to identify any patterns or weaknesses in 1805
the state's cybersecurity efforts. Such reports shall be exempt 1806
from the Mississippi Public Records Act of 1983, pursuant to 1807
Section 25-61-11.2(j). 1808
SECTION 37. Section 25-53-231, Mississippi Code of 1972, is 1809
brought forward as follows: 1810
25-53-231. There is hereby created the "Cyber Security 1811
Review Board," which shall be responsible for ensuring a 1812
collaborative effort is made to address the cybersecurity threat 1813
posed to the State of Mississippi. Responsibilities of the board 1814
include creating a system of reporting cybersecurity attacks 1815
within the state, researching and implementing best practices to 1816
mitigate cybersecurity risks, and connecting individuals and 1817
entities with federal and industry partners. 1818
SECTION 38. Section 25-53-233, Mississippi Code of 1972, is 1819
brought forward as follows: 1820
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25-53-233. The Cyber Security Review Board, hereafter 1821
referred to as the "board," shall consist of the following seven 1822
(7) members: 1823
(a) The Executive Director of the Mississippi Office of 1824
Homeland Security, or his or her designee, as chairman of the 1825
board; 1826
(b) The Executive Director of the Mississippi 1827
Department of Information Technology Services, or his or her 1828
designee, as vice chairman of the board; 1829
(c) The Commissioner of the Department of Public 1830
Safety, or his or her designee; 1831
(d) The Executive Director of the Mississippi Emergency 1832
Management Agency, or his or her designee; 1833
(e) The Adjutant General of the Mississippi National 1834
Guard, or his or her designee; 1835
(f) The State Superintendent of Education, as appointed 1836
by the Mississippi Board of Education, or his or her designee; and 1837
(g) The Attorney General of Mississippi, or his or her 1838
designee. 1839
SECTION 39. Section 25-53-235, Mississippi Code of 1972, is 1840
brought forward as follows: 1841
25-53-235. (1) Ex officio nonvoting members of the board 1842
include: 1843
(a) The President of the Mississippi Municipal League, 1844
or his or her designee; 1845
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(b) The Executive Director of the Mississippi 1846
Association of Supervisors staff, or his or her designee; and 1847
(c) The Chairmen of the Technology Committees of the 1848
Mississippi Senate and the Mississippi House of Representatives, 1849
or their designees. 1850
(2) The voting members of the Cyber Security Review Board 1851
may vote to expand the board with additional ex officio nonvoting 1852
members deemed necessary to provide expertise or access to 1853
resources involving cybersecurity. 1854
SECTION 40. Section 25-53-237, Mississippi Code of 1972, is 1855
brought forward as follows: 1856
25-53-237. Within forty-five (45) days of April 8, 2024, the 1857
Executive Director of the Mississippi Office of Homeland Security 1858
shall call a meeting of the board. The board shall adopt rules 1859
which govern the time of meetings, place of meetings, and the 1860
manner of conducting the business of the board. The board shall 1861
meet at least monthly and select one (1) of the ex officio 1862
nonvoting members of the board to serve as secretary, whose role 1863
it shall be to maintain minutes of each meeting of the board. 1864
After the conclusion of each meeting, the board shall send the 1865
minutes of the meeting to the Governor, Lieutenant Governor and 1866
the Chairmen of the Technology Committees of the Mississippi 1867
Senate and the Mississippi House of Representatives. 1868
A quorum shall be a majority of the voting members of the 1869
board. 1870
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After twelve (12) consecutive monthly meetings, the board may 1871
vote to meet less frequently; however, the board shall meet at 1872
least once quarterly. 1873
SECTION 41. Section 25-53-239, Mississippi Code of 1972, is 1874
brought forward as follows: 1875
25-53-239. The board shall produce a statewide cybersecurity 1876
report, which shall be presented to the Governor, Lieutenant 1877
Governor, Speaker of the House, and the Chairmen of the Technology 1878
Committees of the Mississippi Senate and Mississippi House of 1879
Representatives by December 15 each year. The board shall also 1880
develop a list of best practices in cybersecurity to disburse 1881
throughout the state to various parties as deemed necessary by the 1882
board. 1883
SECTION 42. Section 25-53-241, Mississippi Code of 1972, is 1884
brought forward as follows: 1885
25-53-241. (1) There is created in the State Treasury a 1886
special fund to be known as the "Cyber Security Review Board 1887
Fund." Any funds which may be needed for administrative and 1888
travel expenses shall be deposited in this special fund by the 1889
Department of Public Safety from the department's regular support 1890
appropriation. The Cyber Security Review Board Fund is a special 1891
trust fund, and the interest earned thereon shall be credited to 1892
the fund. 1893
(2) The Department of Public Safety shall adopt regulations 1894
for the administration of the fund. The commissioner shall 1895
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administer the fund, and expenditures may be made from the fund 1896
upon requisition by the commissioner. The department shall spend 1897
monies in the fund by an annual appropriation approved by the 1898
Legislature. 1899
SECTION 43. Section 25-53-251, Mississippi Code of 1972, is 1900
brought forward as follows: 1901
25-53-251. Sections 25-53-251 through 25-53-263 shall be 1902
known and may be cited as the "Cloud Center of Excellence Act." 1903
SECTION 44. Section 25-53-253, Mississippi Code of 1972, is 1904
brought forward as follows: 1905
25-53-253. As used in Sections 25-53-251 through 25-53-263, 1906
the following terms shall have the meanings ascribed herein, 1907
unless the context clearly requires otherwise: 1908
(a) "Cloud Center of Excellence" or "CCOE" means the 1909
centralized body responsible for providing strategic guidance, 1910
best practices, governance, and technical support for cloud 1911
adoption and management across state agencies and governing 1912
authorities. 1913
(b) "Cloud computing" means on-demand access to 1914
computing resources, including storage, servers, and applications, 1915
delivered via the Internet or other networks. 1916
(c) "ITS" or "department" means the Mississippi 1917
Department of Information Technology Services. 1918
(d) "Governing authority" means the same as the term 1919
governing authority is defined in Section 25-53-3(2)(f). 1920
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(e) "State agency" means the same as the term "agency" 1921
is defined in Section 25-53-3(2)(e). 1922
SECTION 45. Section 25-53-255, Mississippi Code of 1972, is 1923
brought forward as follows: 1924
25-53-255. (1) There is established within the Mississippi 1925
Department of Information Technology Services (ITS) a centralized 1926
Cloud Center of Excellence (CCOE) to facilitate cloud adoption 1927
across state agencies and governing authorities, enhance 1928
technological infrastructure, improve security and scalability, 1929
and streamline cloud migrations in a cost-effective and efficient 1930
manner. 1931
(2) Using existing resources, ITS may review the process for 1932
the coordinated development, hosting and management of computer 1933
software for state agencies that use cloud computing services. 1934
The Cloud Center of Excellence (CCOE) shall: 1935
(a) Develop and implement a statewide strategy for 1936
cloud adoption and management; 1937
(b) Provide guidance, best practices, and governance 1938
frameworks to state agencies and governing authorities for the 1939
adoption and use of cloud services; 1940
(c) Establish standardized processes for cloud 1941
migrations, resource optimization, and workload assessments; 1942
(d) Enhance cybersecurity protocols and ensure 1943
compliance with state and federal security standards; 1944
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(e) Monitor and report on the scalability, cost 1945
efficiency, and performance of cloud infrastructure; 1946
(f) Offer training and support to agency personnel to 1947
promote cloud literacy and effective utilization; and 1948
(g) Coordinate with state agencies and governing 1949
authorities to ensure a phased implementation schedule as required 1950
by the provision of Section 25-53-257. 1951
SECTION 46. Section 25-53-257, Mississippi Code of 1972, is 1952
brought forward as follows: 1953
25-53-257. (1) The Cloud Center of Excellence (CCOE) shall 1954
establish a two-year phased implementation plan, which shall 1955
accomplish the following benchmarks by July 1, 2027: 1956
(a) Conduct statewide readiness assessments and develop 1957
detailed cloud migration plans for pilot agencies; 1958
(b) Initiate pilot migrations for selected state 1959
agencies, establish key performance indicators (KPIs) and refine 1960
processes based on feedback; 1961
(c) Expand cloud adoption to additional state agencies, 1962
focusing on optimizing resource utilization and ensuring adherence 1963
to best practices; 1964
(d) Integrate governing authorities into the cloud 1965
ecosystem and provide support for local governments, postsecondary 1966
educational institutions and school districts; and 1967
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(e) Achieve full statewide adoption of cloud services, 1968
with ongoing monitoring, training, and optimization provided by 1969
the CCOE for all state agencies and governing authorities. 1970
(2) During the implementation described in subsection (1), 1971
each state agency and governing authority integrated into the CCOE 1972
at that time shall consider: 1973
(a) Cloud computing service options, including any 1974
security benefits and cost savings associated with purchasing 1975
those service options from a cloud computing service provider and 1976
from a statewide technology center established by the department, 1977
when making purchases; and 1978
(b) Cloud computing service options and compatibility 1979
with cloud computing services in the development of new 1980
information technology software applications. 1981
(3) (a) Except as provided by paragraph (b) of this 1982
subsection, a state agency or governing authority shall ensure, 1983
when making purchases for an automated information system, that 1984
the system is capable of being deployed and run on cloud computing 1985
services. 1986
(b) When making a purchase for an automated information 1987
system, a state agency or governing authority may determine that, 1988
due to integration limitations with legacy systems, security risks 1989
or costs, the state agency or governing authority is unable to 1990
purchase a system capable of being deployed and run on cloud 1991
computing services. 1992
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(c) At least fourteen (14) days before the date a state 1993
agency or governing authority solicits bids, proposals, offers or 1994
other applicable expressions of interest for a purchase described 1995
by paragraph (b) of this subsection, the state agency or governing 1996
authority shall submit a report that describes the purchase and 1997
the agency's reasoning for making the purchase of an automated 1998
information system to the Mississippi Department of Information 1999
Technology Services (ITS). 2000
(4) The department shall provide administrative support and 2001
oversight to the CCOE and ensure compliance with Sections 2002
25-53-251 through 25-53-263. 2003
(5) The department is authorized to: 2004
(a) Enter into agreements with cloud service providers 2005
to facilitate cost-effective procurement of cloud solutions; 2006
(b) Develop and enforce statewide cloud security and 2007
compliance standards; 2008
(c) Establish funding mechanisms, including interagency 2009
agreements, to support the operations of the CCOE; and 2010
(d) Promulgate rules and regulations necessary to carry 2011
out the provisions of Sections 25-53-251 through 25-53-263. 2012
SECTION 47. Section 25-53-261, Mississippi Code of 1972, is 2013
brought forward as follows: 2014
25-53-261. The Legislature shall appropriate funds to the 2015
Department of Information Technology Services to implement and 2016
operate the Cloud Center of Excellence (CCOE). The CCOE may seek 2017
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additional funding through federal grants, partnerships, and other 2018
available resources. 2019
SECTION 48. Section 25-53-281, Mississippi Code of 1972, is 2020
brought forward as follows: 2021
25-53-281. (1) This section shall be known and may be cited 2022
as the "Mississippi Statewide Data Exchange Act." 2023
(2) The Mississippi Department of Information Technology 2024
Services (ITS) is tasked with conducting a comprehensive study to 2025
assess the feasibility, operational requirements and policy 2026
considerations for the implementation of a statewide data exchange 2027
initiative. This initiative shall support secure, efficient and 2028
standardized data sharing among Mississippi state agencies and 2029
other authorized entities to support enhanced digital government 2030
services. 2031
(3) Based on the findings of the study, ITS shall develop 2032
and oversee the phased implementation of a cloud-based statewide 2033
data exchange platform that enables agencies to share relevant 2034
data in a structured and compliant manner. The platform shall be 2035
designed to: 2036
(a) Facilitate secure and efficient data sharing among 2037
state agencies and other authorized entities, while ensuring 2038
appropriate access controls and data privacy safeguards; 2039
(b) Enable a centralized data repository and 2040
interoperability framework, allowing agencies to cross-reference 2041
and validate existing state-provided programs to improve service 2042
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delivery, reduce redundancy and enhance decision-making processes; 2043
and 2044
(c) Implement data governance and security best 2045
practices in alignment with state and federal laws and regulations 2046
to safeguard sensitive and confidential information. 2047
(4) To ensure ongoing oversight, coordination and strategic 2048
guidance for the data exchange initiative, ITS shall establish a 2049
Chief Information Officer (CIO) Council, composed of information 2050
and technology leadership from state agencies. The CIO Council 2051
shall: 2052
(a) Provide recommendations on technical standards, 2053
interoperability frameworks and cybersecurity protocols; 2054
(b) Facilitate interagency collaboration to maximize 2055
data-sharing efficiencies and promote best practices; 2056
(c) Ensure that the statewide data exchange aligns with 2057
agency-specific and statewide strategic goals developed to enhance 2058
digital government services; and 2059
(d) Serve as an advisory body to ITS in evaluating the 2060
long-term sustainability and innovation potential of the platform. 2061
(5) The Mississippi Department of Information Technology 2062
Services shall have the authority to promulgate rules and 2063
regulations necessary to design, develop, implement, monitor and 2064
update the statewide data exchange platform, associated governance 2065
policies and interagency coordination efforts for enhanced digital 2066
government services. 2067
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(6) To ensure the effective execution of the Mississippi 2068
Statewide Data Exchange Act, the Mississippi Department of 2069
Information Technology Services (MDITS) shall adhere to the 2070
following timeline for key deliverables: 2071
(a) By October 1, 2025, MDITS shall establish the CIO 2072
Council and the governance framework related thereto. 2073
(b) Within six (6) months of the first meeting of the 2074
CIO Council, the council shall conduct a feasibility study 2075
regarding the requirements of the Mississippi Statewide Data 2076
Exchange Act, and recommendations from the findings of the study 2077
shall be reported to the legislature. 2078
(c) Within six (6) months of reporting the findings 2079
from the feasibility study to the legislature, the CIO Council 2080
shall develop a phased implementation plan for the Mississippi 2081
Statewide Data Exchange. 2082
(d) Within one (1) year of approving the phased 2083
implementation plan, MDITS and the CIO Council shall launch the 2084
initial pilot program of the Mississippi Statewide Data Exchange. 2085
(e) Within one (1) year of successfully launching the 2086
pilot program of the Mississippi Statewide Data Exchange, MDITS 2087
and the CIO Council shall implement a full statewide rollout of 2088
the data exchange program. 2089
(f) After full implementation of the data exchange 2090
program, the CIO Council shall submit annual reports to the 2091
legislature regarding the status of the data exchange program, 2092
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continuous system enhancements made to the program and any 2093
additional information necessary to develop enhanced digital 2094
government experiences via the Mississippi Statewide Data 2095
Exchange. 2096
SECTION 49. Section 25-53-301, Mississippi Code of 1972, is 2097
brought forward as follows: 2098
25-53-301. (1) The Legislature finds that: 2099
(a) The State of Mississippi needs to support 2100
stakeholders as they gather information and decide the best means 2101
to utilize and oversee artificial intelligence (AI) tools and 2102
systems used by the State of Mississippi's governing bodies; 2103
(b) The Legislature acknowledges that artificial 2104
intelligence cannot replace human creativity and involvement and 2105
so promotes responsibly using AI tools and systems while aligning 2106
and adhering to the state's long term policies, goals, values and 2107
missions while maintaining citizen trust and balancing the 2108
benefits, risks and potential dangers of artificial intelligence; 2109
and 2110
(c) As the use of artificial intelligence has 2111
implications for state, national and personal security and 2112
privacy, the use of artificial intelligence must be conducted in a 2113
responsible, ethical, transparent and beneficial manner. 2114
(2) There is hereby established the Artificial Intelligence 2115
Regulation (Air) Task Force. 2116
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(3) (a) The task force shall consist of the following seven 2117
(7) voting members: 2118
(i) The Lieutenant Governor and Speaker of the 2119
House shall each appoint one (1) respective member of the 2120
Mississippi Senate and the Mississippi House of Representatives to 2121
serve as co-chairs of the task force; 2122
(ii) The Executive Director of the Mississippi 2123
Department of Information Technology Services, or his or her 2124
designee; 2125
(iii) The Director of the Mississippi Artificial 2126
Intelligence Network (MAIN), or his or her designee; 2127
(iv) The Executive Director of the Mississippi 2128
Office of Homeland Security, or his or her designee; 2129
(v) The Adjutant General of the Mississippi 2130
National Guard, or his or her designee; and 2131
(vi) The Attorney General of Mississippi, or his 2132
or her designee. 2133
(b) The Chairpersons of the Artificial Intelligence 2134
Regulation (AIR) Task Force, with the advice and consent of the 2135
remaining official executive agency committee members specified in 2136
paragraph (a), or their respective designees, may appoint 2137
ex-officio nonvoting members to the task force to serve in an 2138
advisory capacity for such terms to be determined at the 2139
discretion of the task force. The voting members of the task 2140
force, upon a majority of its membership, present and voting, and 2141
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spread upon its minutes, may reduce or expand the number of 2142
ex-officio members who may serve, provided that such members are 2143
deemed necessary to provide expertise or access to resources 2144
involving AI technology and are representative of: 2145
(i) Workforce development, who possesses expert 2146
knowledge of and experience with AI technology; 2147
(ii) Elementary and secondary education, public or 2148
private, who possesses expert knowledge of and experience with AI 2149
technology; 2150
(iii) Four-year postsecondary education, public or 2151
private, who possesses expert knowledge of and experience with AI 2152
technology; 2153
(iv) Two-year postsecondary education, public or 2154
proprietary, who possesses expert knowledge of and experience with 2155
AI technology; 2156
(v) Healthcare, who possesses expert knowledge of 2157
and experience with AI technology; 2158
(vi) Private business entity, who possesses expert 2159
knowledge of and experience with AI technology, including, but not 2160
limited to: 2161
1. Data storage and management; 2162
2. Cloud computing infrastructure; 2163
3. Computer power provided by graphic 2164
processing units, tensor processing units and quantum computing; 2165
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4. Data processing and preparation through 2166
data cleaning, data integration and ETL (extract, transform and 2167
load) process; 2168
5. AI algorithms and frameworks; 2169
6. AI software and applications; 2170
7. Data security and privacy; 2171
8. AI governance and ethical frameworks; 2172
9. Integration with business processes; 2173
10. Training and talent development; and 2174
(vii) Automation and manufacturing; 2175
(viii) Ethics and transparency; 2176
(ix) Agriculture; and 2177
(x) Entertainment. 2178
(4) The Legislative members named by the Lieutenant Governor 2179
and Speaker of the House of Representatives shall serve as 2180
co-chairs of the AIR Task Force. The task force must meet within 2181
fifteen (15) days of the effective date of this act upon the call 2182
of the co-chairs, and at its first meeting shall elect any 2183
officers from among its members as it deems necessary for the 2184
efficient discharge of the task force's duties. 2185
(5) The task force shall adopt rules and regulations 2186
governing times and places for meetings and governing the manner 2187
of conducting its business. A majority of the members shall 2188
constitute a quorum for the purpose of conducting any business of 2189
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the task force, and a majority vote of all members present shall 2190
be required for any recommendations to the Legislature. 2191
(6) The task force shall be responsible for balancing 2192
innovation and public interest while endeavoring to mitigate risks 2193
and unintended consequences of AI and its regulation. The task 2194
force shall: 2195
(a) Facilitate and evaluate through comprehensive 2196
review, develop tentative drafts of any necessary proposed 2197
revisions to the Mississippi Code involving the regulation of AI 2198
technologies, which may or may not include the following: 2199
(i) Fostering innovation by providing an 2200
environment for businesses and organizations to develop and test 2201
AI systems under relaxed regulatory constraints; 2202
(ii) Regulatory oversight of the designing, 2203
testing and refinement of regulations to ensure responsible AI 2204
deployment; 2205
(iii) Collaborating with stakeholders to bridge 2206
communication and idea exchanges between developers, policymakers 2207
and the public to align AI innovation with ethical and societal 2208
goals; and 2209
(iv) Any other areas as deemed necessary by the 2210
task force. 2211
(b) Review laws, policies and procedures concerning the 2212
use of AI technology established by the United States Congress and 2213
other state legislatures, if any, and compile a list of 2214
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recommendations to include in the report required by this act. 2215
The review shall focus on, but not be limited to focusing on: 2216
(i) Privacy and data protection; 2217
(ii) Development for a framework for AI testing; 2218
(iii) Compliance with ethical standards which 2219
enforce adherence to fairness, accountability, transparency, 2220
disclosures and promoting equitable outcomes; 2221
(iv) Assessment of risk and benefits which 2222
measures the societal and economic impact of AI innovations; 2223
(v) Liability; 2224
(vi) Constituent and consumer impact; 2225
(vii) Bias and social impact; and 2226
(viii) Copyright and provenance. 2227
(c) Consider implementation and use of artificial 2228
intelligence in state government agencies and compile a list of 2229
recommendations of best practices and potential uses for AI 2230
technologies in government to include in the report required by 2231
this act; 2232
(d) Consider ways to allocate funding for development 2233
and use of artificial intelligence technologies in the state and 2234
draft proposals accordingly to include in the report required by 2235
this act; and 2236
(e) Any other issues related to artificial intelligence 2237
technologies that the task force finds appropriate to address. 2238
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(7) Members of the task force shall receive a per diem in 2239
the amount provided in Section 25-3-69 for each day engaged in the 2240
business of the task force. Members of the task force other than 2241
the legislative members shall receive reimbursement for travel 2242
expenses incurred while engaged in official business of the task 2243
force in accordance with Section 25-3-41, and the legislative 2244
members of the task force shall receive the expense allowance 2245
provided for in Section 5-1-47. 2246
(8) The Joint Legislative Committee on Performance 2247
Evaluation and Expenditure Review shall provide necessary clerical 2248
support for the meetings of the task force and the preparation of 2249
the report, with assistance from the clerical and legal staff of 2250
the Mississippi House of Representatives and the Mississippi 2251
Senate. 2252
(9) The task force is authorized to apply for and accept 2253
gifts, grants, subsidies and other funds from persons, 2254
corporations, foundations, the United States government or other 2255
entities, and the receipt of any gifts, grants, subsidies or funds 2256
shall be reported and otherwise accounted for in the manner 2257
provided by law. If financial subsidies are sufficient, the task 2258
force may hire additional contract staff to support its work. 2259
(10) The term "artificial intelligence" has the meaning set 2260
forth in 15 USC § 9401(3): a machine-based system that can, for a 2261
given set of human-defined objectives, make predictions, 2262
recommendations or decisions influencing real or virtual 2263
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environments. Artificial intelligence systems use machine- and 2264
human-based inputs to perceive real and virtual environments; 2265
abstract such perceptions into models through analysis in an 2266
automated manner; and use model inference to formulate options for 2267
information or action. 2268
(11) The task force may request the assistance of the Joint 2269
Legislative Committee on Performance Evaluation and Expenditure 2270
Review, the legal staffs of the Mississippi House of 2271
Representatives and the Mississippi Senate, or any other related 2272
organization with expertise in domestic relations. 2273
(12) The work of the task force described in this act 2274
relates to sensitive matters of security. Notwithstanding any 2275
other law, the meetings, work and findings of the commission as 2276
described in this act are not subject to the requirements of 2277
Chapters 41 or 61 of Title 25, Mississippi Code of 1972. 2278
(13) The task force shall report its findings and 2279
recommendations to the Legislature annually not later than 2280
December 1 each year, and shall dissolve in December 31, 2027. 2281
SECTION 50. Section 25-53-101, Mississippi Code of 1972, is 2282
brought forward as follows: 2283
25-53-101. The Legislature hereby declares it essential to 2284
the creation and maintenance of an efficient, modern, economically 2285
feasible, telecommunications system that there should be full 2286
cooperation and cohesive planning and effort by and between the 2287
several state agencies and that it is the responsibility of the 2288
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ST: Mississippi Department of Information
Technology Services; bring forward code
sections.
said Legislature to provide statutory authority therefor. The 2289
Legislature, therefore, declares and determines that the 2290
responsibility for these and other related purposes shall be 2291
vested in the Mississippi Department of Information Technology 2292
Services. 2293
SECTION 51. Section 25-53-259, Mississippi Code of 1972, is 2294
amended as follows: 2295
25-53-259. (1) Not later than November 15 of each 2296
even-numbered year, ITS, using existing resources, shall submit a 2297
report to the Governor, Lieutenant Governor and Speaker, the 2298
Chairpersons of the House and Senate Committees on Technology and 2299
of the House State Affairs Committee on the use of cloud computing 2300
service options by state agencies and governing authorities, 2301
detailing the progress of the implementation plan, challenges 2302
encountered, and recommendations for improvement. The report must 2303
include * * * cases that provided cost savings and other benefits, 2304
including security enhancements. All state agencies and governing 2305
authorities shall cooperate with ITS in the creation of the report 2306
by providing timely and accurate information and any assistance 2307
required by the department. 2308
SECTION 52. This act shall take effect and be in force from 2309
and after July 1, 2026. 2310