Bill Text: MS SB2562 | 2013 | Regular Session | Introduced
Bill Title: MSU Division of Agriculture; authorize the issuance of wireless communication devices to employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2562 Detail]
Download: Mississippi-2013-SB2562-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Universities and Colleges; Energy
By: Senator(s) Jackson (15th)
Senate Bill 2562
AN ACT TO PROVIDE FOR THE USE OF WIRELESS COMMUNICATION DEVICES AND OTHER INFORMATION TECHNOLOGY BY MISSISSIPPI STATE UNIVERSITY'S DIVISION OF AGRICULTURE; TO AMEND SECTION 25-53-191, MISSISSIPPI CODE OF 1972, TO EXEMPT THE Mississippi State University Extension Service, the Mississippi State University Agricultural Experiment Station, the Mississippi State University Forestry and Wildlife Research Center, and the Mississippi State University College of Veterinary Medicine FROM THE PROVISIONS RELATED TO THE ISSUANCE OF WIRELESS COMMUNICATIONS DEVICES TO STATE EMPLOYEES; TO CREATE SECTION 37-113-20, MISSISSIPPI CODE OF 1972, TO PROVIDE A PLAN FOR THE ISSUANCE OF SUCH DEVICES TO THE DIVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-53-191, Mississippi Code of 1972, is amended as follows:
25-53-191. (1) For the purposes of this section, the following terms shall have the meanings ascribed to them in this section unless the context otherwise clearly requires:
(a) "Department" means the Mississippi Department of Information Technology.
(b) "State agency" means any agency, department, commission, board, bureau, institution or other instrumentality of the state.
(c) "Wireless communication device" means a cellular telephone, pager or a personal digital assistant device having wireless communication capability.
(2) Before a wireless communication device may be assigned, issued or made available to an agency officer or employee, the agency head, or his designee, shall sign a statement certifying the need or reason for issuing the device. No officer or employee of any state agency, except for an officer or employee of the Mississippi Emergency Management Agency, shall be assigned or issued more than one (1) such wireless communication device. No officer or employee of any state agency to whom has been assigned, issued or made available the use of a wireless communication device, the cost of which is paid through the use of public funds, shall use such device for personal use.
(3) A state agency shall not reimburse any officer or employee for use of his or her personal wireless communication device.
(4) Every state agency that, at the expense of the state agency, assigns, issues or makes available to any of its officers or employees a wireless communication device shall obtain and maintain detailed billing for every wireless communication device account. A list of approved vendors for the procurement of wireless communication devices and the delivery of wireless communication device services shall be developed for all state agencies by the Mississippi Department of Information Technology Services in conjunction with the Wireless Communication Commission created in Section 25-53-171. The department, in conjunction with the Wireless Communication Commission, shall exercise the option of selecting one (1) vendor from which to procure wireless communication devices and to provide wireless communication device services, or if it deems such to be most advantageous to the state agencies, it may select multiple vendors. The department, in conjunction with the Wireless Communication Commission, shall select a vendor or vendors on the basis of lowest and best bid proposals. A state agency may not procure a wireless communication device from any vendor or contract for wireless communication device services with any vendor unless the vendor appears on the list approved by the department, in conjunction with the Wireless Communication Commission. A contract entered into in violation of this section shall be void and unenforceable.
(5) The department shall promulgate a model acceptable use policy defining the appropriate use of all wireless communication devices. The acceptable use policy should specify that these resources, including both devices and services, are provided at the state agency's expense as tools for accomplishing the business missions of the state agency; that all those resources are for business use; and that more than incidental personal use of those resources is prohibited. The acceptable use policy should require that each official and employee issued one (1) of the above devices or authorized to access one (1) of the above services sign the policy and that the signed copy be placed in the personnel file of the official or employee. The acceptable use policy should also require that the use of these resources be tracked, verified and signed by the official or employee and the supervisor of the official or employee at each billing cycle or other appropriate interval. All state agencies shall adopt the model policy or adopt a policy that is, at minimum, as stringent as the model policy and shall provide a copy of the policy to the department.
(6) All state agencies shall purchase or acquire only the lowest cost cellular telephone, pager or personal digital assistance device which will carry out its intended use.
(7) The University of Mississippi Medical Center, Mississippi State University Extension Service, the Mississippi State University Agricultural Experiment Station, the Mississippi State University Forestry and Wildlife Research Center, and the Mississippi State University College of Veterinary Medicine and their employees shall be exempt from the application of this section.
(8) The State Auditor shall conduct necessary audits to ensure compliance with the provisions of this section.
SECTION 2. The following shall be codified as Section 37-113-20, Mississippi Code of 1972:
37-113-20. (1) For the purposes of this section, these terms and phrases shall be defined as follows:
(a) "Director" means the Mississippi State University Extension Service Director, the Mississippi State University Agricultural Experiment Station Director, the Mississippi State University Forestry and Wildlife Research Center Director, or the Dean of the Mississippi State University College of Veterinary Medicine;
(b) "Wireless communication device" means any handheld, portable, or electronic device that: (i) is mobile; (ii) is capable of transmitting or exchanging data in the form of multimedia, graphics, text, or voice; (iii) is capable of wireless communication; (iv) requires an upfront or periodic charge or fee to use the wireless communication capability and the capability is activated. A notebook or laptop computer is not a wireless communication device.
(2) The director or his designee may assign or otherwise make available for use one or more wireless communication devices to an officer or employee under his direct or indirect supervision upon the director or his designee signing a statement certifying the need or reason for issuing the device. No officer or employee shall use a wireless communication device assigned under this subsection and paid for with public funds for personal use if the use incurs additional charges or fees. The director or his designee shall periodically obtain and review detailed billing of wireless services for assigned wireless communication devices to verify compliance with this subsection.
(3) The director may require that an employee or officer under his direct or indirect supervision personally own or have use of a wireless communication device as a condition of employment. The director or a county board of supervisors may pay a stipend from public funds to such employee or officer to offset the cost of the wireless service. The total monthly amount of stipend shall be the actual monthly cost of the wireless service, including taxes, fees and other charges, or One Hundred Dollars ($100.00), whichever is less.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
