| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Government Structure By: Senator(s) Williams Senate Bill 2270 AN ACT TO AMEND SECTION 25-53-171, MISSISSIPPI CODE OF 1972, TO MOVE THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION FROM UNDER MISSISSIPPI INFORMATION TECHNOLOGY SERVICES TO THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; TO AMEND SECTION 33-15-14, MISSISSIPPI CODE OF 1972, TO INCLUDE OVERSEEING THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION WITHIN THE DUTIES OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 25-53-171, Mississippi Code of 1972, is amended as follows: 25-53-171. (1) There is hereby created the Wireless Communication Commission, which shall be responsible for promoting the efficient use of public resources to ensure that law enforcement personnel and essential public health and safety personnel have effective communications services available in emergency situations, and to ensure the rapid restoration of such communications services in the event of disruption caused by natural disaster, terrorist attack or other public emergency. (2) The Wireless Communication Commission, hereafter referred to as the "commission," shall consist of the following: (a) The Executive Director of the Department of Transportation, or his or her designee; (b) The Commissioner of Public Safety, or his or her designee; (c) The Executive Director of the Department of Public Health, or his or her designee; (d) The Executive Director of the Department of Information Technology Services, or his or her designee; (e) The Executive Director of the Mississippi Emergency Management Agency, or his or her designee; (f) The Executive Director of the Mississippi Office of Homeland Security, or his or her designee; (g) The President of the Mississippi Sheriffs' Association, or his or her designee; (h) The President of the Mississippi Association of Supervisors, or his or her designee; (i) The President of the Mississippi Municipal Association, or his or her designee; (j) The President of the Mississippi Association of Fire Chiefs, or his or her designee; (k) The President of the Mississippi Association of Police Chiefs, or his or her designee; (l) The Chief of the Mississippi Highway Safety Patrol, or his or her designee; (m) The Commissioner of the Department of Corrections, or his or her designee; (n) The Adjutant General of the Mississippi National Guard, or his or her designee; (o) The Executive Director of the Mississippi Department of Environmental Quality, or his or her designee; and (p) The Executive Director of Wildlife, Fisheries and Parks, or his or her designee. All members of the commission shall serve a term of not less than four (4) years. (3) Within forty-five (45) days from * * * April 21, 2005 July 1, 2025, the Executive Director of the * * * Department of Information Technology Services Mississippi Emergency Management Agency shall call a meeting of the commission in the City of Jackson, Mississippi, and organize by electing a chairman and other officers from its membership. The commission shall adopt rules which govern the time and place for meetings and governing the manner of conducting its business. The commission shall meet at least monthly and maintain minutes of such meetings. A quorum shall consist of a majority of the membership of the commission. (4) The commission, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, shall have the sole authority to promulgate rules and regulations governing the operations of the wireless communications system described in paragraph (a) and shall be vested with all legal authority necessary and proper to perform this function including, but not limited to: (a) Purchasing, leasing, acquiring and otherwise implementing a statewide wireless communications system to serve wireless users in state and local governments and those private entities that enter into a partnership with the commission. All purchases shall be made in accordance with public purchasing laws and, if required, shall be approved by the * * * Department of Information Technology Services Mississippi Emergency Management Agency. This system shall enable interoperability between various wireless communications technologies. (b) Ensuring that federal/state communications requirements are followed with respect to such wireless communications systems. (c) Providing system planning with all public safety communications systems. (d) Assisting with establishment of state and local wireless communications. (e) In consultation with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, having the authority to permit state and local agencies use of the communications system under the terms and conditions established by the commission. (f) Providing technical support to users and bearing the overall responsibility for the design, engineering, acquisition and implementation of the statewide communications system and for ensuring the proper operation and maintenance of all equipment common to the system. (g) Seeking proposals for services through competitive processes where required by law and selecting service providers under procedures provided for by law. (h) Establishing, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, policies, procedures and standards which shall be incorporated into a comprehensive management plan for the operation of the statewide communications system. (i) Having sign-off approval on all wireless communications systems within the state which are owned or operated by any state or local governmental entity, agency or department. (j) Creating a standard user agreement. (5) The commission, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, shall exercise its powers and duties pursuant to this section to plan, manage and administer the wireless communications system. The commission may: (a) In consultation with the advisory board and the * * *Department of Information Technology Services Mississippi Emergency Management Agency, establish policies, procedures and standards to incorporate into a comprehensive management plan for use and operation of the communications system. (b) Enter into mutual aid agreements among federal, state and local agencies for the use of the communications system. (c) Establish the cost of maintenance and operation of the system and charge subscribers for access and use of the system. (d) Assess charges for use of the system. (e) Obtain space through rent or lease of space on any tower under state control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the owner/agent for each site when it is determined to be practicable and feasible to make space available. (f) Provide space through rent or lease of space on any tower under the commission's control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the commission when it is determined to be practicable and feasible to make space available. (g) Refuse to lease space on any tower at any site. All monies collected by the commission for such rents, leases or subleases shall be deposited directly into a special fund hereby created and known as the "Integrated Public Safety Communications Fund." This fund shall be administered by the * * * Department of Information Technology Services Mississippi Emergency Management Agency and may be used by the commission to construct, maintain and operate the system. (h) Rent, lease or sublease ground space on lands acquired by the commission for the construction of privately owned or publicly owned towers. The commission, as part of such rental, lease or sublease agreement, may require space on such towers for antennae as may be necessary for the construction and operation of the wireless communications system. (i) Enter into and perform use and occupancy agreements concerning the system. (j) Exercise any power necessary to carry out the intent of this law. (6) The Department of Transportation, the Department of Public Safety and other commission members may provide to the commission, on a full-time or part-time basis, personnel and technical support necessary and sufficient to effectively and efficiently carry out the requirements of this section. (7) (a) Expenditures from the Integrated Public Safety Communications Fund shall be administered by the * * * Department of Information Technology Services Mississippi Emergency Management Agency with expenditures approved jointly by the commission and the * * * Department of Information Technology Services Mississippi Emergency Management Agency. (b) The Integrated Public Safety Communications Fund may consist of the following: (i) Appropriations from the Legislature; (ii) Gifts; (iii) Federal grants; (iv) Fees and contributions from user agencies that the commission considers necessary to maintain and operate the system; and (v) Monies from any other source permitted by law. (c) Any monies remaining in the Integrated Public Safety Communications Fund at the end of the fiscal year shall not revert to the State General Fund, but shall remain in the Integrated Public Safety Communications Fund. (8) Members of the commission shall not receive any compensation or per diem, but may receive travel reimbursement provided for under Section 25-3-41. (9) There is hereby created the Wireless Communication Advisory Board for the purpose of advising the Mississippi Wireless Communication Commission in performance of its duties. The advisory board shall be composed of the following: (a) The Chairman and Vice Chairman of the Senate Public * * * Utilities Property Committee, or their designees; (b) The Chairman and Vice Chairman of the House of Representatives Public Utilities Committee, or their designees; (c) The Chairman of the Senate Appropriations Committee, or his or her designee; (d) The Chairman of the House of Representatives Appropriations Committee, or his or her designee; (e) The Chairman of the Senate Finance Committee, or his or her designee; and (f) The Chairman of the House of Representatives Ways and Means Committee, or his or her designee. Members of the advisory board shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session. (10) It is the intent of the Legislature that all state and local government entities make available for purposes of this section all publicly owned wireless communications infrastructure, including, but not limited to, communications towers, transmission equipment, transmission frequencies and other related properties and facilities. (11) Nothing in this section shall be construed or interpreted to provide for the regulation or oversight of commercial mobile radio services. (12) Nothing in this section shall be construed to supersede the authority of the * * * Department of Information Technology Services Mississippi Emergency Management Agency provided in Section 25-53-1 et seq. (13) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law. (14) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section. SECTION 2. Section 33-15-14, Mississippi Code of 1972, is amended as follows: 33-15-14. (1) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management. (2) In performing its duties under this article, the agency shall: (a) Work with the Governor, or his or her representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and: (i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations. (ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a post-disaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs. (iii) Include a post-disaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of post-disaster response and recovery activities. This component must provide for post-disaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The post-disaster response and recovery component must, at a minimum: establish the structure of the state's post-disaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide post-disaster response and recovery activities; describe the chain of command during the post-disaster response and recovery period; describe initial and continuous post-disaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods. (iv) Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency. (v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor. (vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions. (vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government. (viii) 1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities. 2. The agency shall prepare an interim post-disaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter. (b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans. (c) Assist political subdivisions in preparing and maintaining emergency management plans. (d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section. (e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact. (f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article. (g) Anticipate trends and promote innovations that will enhance the emergency management system. (h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs. (i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions. (j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program. (k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters. (l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article. (m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program. (n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority. (o) Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors. (p) Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions. (q) In accordance with Section 25-43-1 et seq., create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government. (r) Have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property with other state and federal agencies. (s) Do other things necessary, incidental or appropriate for the implementation of this article. (t) In accordance with Section 33-15-15, create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program. (u) Unless otherwise instructed by the Governor, sponsor and develop mutual aid plans and agreements between the political subdivisions of the state and the Mississippi Band of Choctaw Indians similar to the mutual aid arrangements with other states referenced in Section 33-15-11(b)(10). (v) Work in conjunction with the Mississippi Wireless Communication Commission to promulgate rules and regulations for the Commission, and perform additional functions as provided in Section 25-53-171. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Government Structure |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Williams |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2270 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 25-53-171, MISSISSIPPI CODE OF 1972, TO MOVE THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION FROM UNDER MISSISSIPPI INFORMATION TECHNOLOGY SERVICES TO THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; TO AMEND SECTION 33-15-14, MISSISSIPPI CODE OF 1972, TO INCLUDE OVERSEEING THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION WITHIN THE DUTIES OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 25-53-171, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 25-53-171. (1) There is hereby created the Wireless Communication Commission, which shall be responsible for promoting the efficient use of public resources to ensure that law enforcement personnel and essential public health and safety personnel have effective communications services available in emergency situations, and to ensure the rapid restoration of such communications services in the event of disruption caused by natural disaster, terrorist attack or other public emergency. |
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| 20 | 20 | | |
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| 21 | 21 | | (2) The Wireless Communication Commission, hereafter referred to as the "commission," shall consist of the following: |
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| 22 | 22 | | |
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| 23 | 23 | | (a) The Executive Director of the Department of Transportation, or his or her designee; |
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| 24 | 24 | | |
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| 25 | 25 | | (b) The Commissioner of Public Safety, or his or her designee; |
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| 26 | 26 | | |
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| 27 | 27 | | (c) The Executive Director of the Department of Public Health, or his or her designee; |
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| 28 | 28 | | |
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| 29 | 29 | | (d) The Executive Director of the Department of Information Technology Services, or his or her designee; |
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| 30 | 30 | | |
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| 31 | 31 | | (e) The Executive Director of the Mississippi Emergency Management Agency, or his or her designee; |
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| 32 | 32 | | |
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| 33 | 33 | | (f) The Executive Director of the Mississippi Office of Homeland Security, or his or her designee; |
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| 34 | 34 | | |
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| 35 | 35 | | (g) The President of the Mississippi Sheriffs' Association, or his or her designee; |
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| 36 | 36 | | |
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| 37 | 37 | | (h) The President of the Mississippi Association of Supervisors, or his or her designee; |
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| 38 | 38 | | |
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| 39 | 39 | | (i) The President of the Mississippi Municipal Association, or his or her designee; |
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| 40 | 40 | | |
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| 41 | 41 | | (j) The President of the Mississippi Association of Fire Chiefs, or his or her designee; |
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| 42 | 42 | | |
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| 43 | 43 | | (k) The President of the Mississippi Association of Police Chiefs, or his or her designee; |
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| 44 | 44 | | |
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| 45 | 45 | | (l) The Chief of the Mississippi Highway Safety Patrol, or his or her designee; |
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| 46 | 46 | | |
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| 47 | 47 | | (m) The Commissioner of the Department of Corrections, or his or her designee; |
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| 48 | 48 | | |
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| 49 | 49 | | (n) The Adjutant General of the Mississippi National Guard, or his or her designee; |
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| 50 | 50 | | |
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| 51 | 51 | | (o) The Executive Director of the Mississippi Department of Environmental Quality, or his or her designee; and |
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| 52 | 52 | | |
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| 53 | 53 | | (p) The Executive Director of Wildlife, Fisheries and Parks, or his or her designee. |
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| 54 | 54 | | |
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| 55 | 55 | | All members of the commission shall serve a term of not less than four (4) years. |
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| 56 | 56 | | |
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| 57 | 57 | | (3) Within forty-five (45) days from * * * April 21, 2005 July 1, 2025, the Executive Director of the * * * Department of Information Technology Services Mississippi Emergency Management Agency shall call a meeting of the commission in the City of Jackson, Mississippi, and organize by electing a chairman and other officers from its membership. The commission shall adopt rules which govern the time and place for meetings and governing the manner of conducting its business. The commission shall meet at least monthly and maintain minutes of such meetings. A quorum shall consist of a majority of the membership of the commission. |
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| 58 | 58 | | |
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| 59 | 59 | | (4) The commission, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, shall have the sole authority to promulgate rules and regulations governing the operations of the wireless communications system described in paragraph (a) and shall be vested with all legal authority necessary and proper to perform this function including, but not limited to: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) Purchasing, leasing, acquiring and otherwise implementing a statewide wireless communications system to serve wireless users in state and local governments and those private entities that enter into a partnership with the commission. All purchases shall be made in accordance with public purchasing laws and, if required, shall be approved by the * * * Department of Information Technology Services Mississippi Emergency Management Agency. This system shall enable interoperability between various wireless communications technologies. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Ensuring that federal/state communications requirements are followed with respect to such wireless communications systems. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) Providing system planning with all public safety communications systems. |
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| 66 | 66 | | |
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| 67 | 67 | | (d) Assisting with establishment of state and local wireless communications. |
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| 68 | 68 | | |
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| 69 | 69 | | (e) In consultation with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, having the authority to permit state and local agencies use of the communications system under the terms and conditions established by the commission. |
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| 70 | 70 | | |
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| 71 | 71 | | (f) Providing technical support to users and bearing the overall responsibility for the design, engineering, acquisition and implementation of the statewide communications system and for ensuring the proper operation and maintenance of all equipment common to the system. |
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| 72 | 72 | | |
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| 73 | 73 | | (g) Seeking proposals for services through competitive processes where required by law and selecting service providers under procedures provided for by law. |
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| 74 | 74 | | |
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| 75 | 75 | | (h) Establishing, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, policies, procedures and standards which shall be incorporated into a comprehensive management plan for the operation of the statewide communications system. |
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| 76 | 76 | | |
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| 77 | 77 | | (i) Having sign-off approval on all wireless communications systems within the state which are owned or operated by any state or local governmental entity, agency or department. |
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| 78 | 78 | | |
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| 79 | 79 | | (j) Creating a standard user agreement. |
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| 80 | 80 | | |
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| 81 | 81 | | (5) The commission, in conjunction with the * * * Department of Information Technology Services Mississippi Emergency Management Agency, shall exercise its powers and duties pursuant to this section to plan, manage and administer the wireless communications system. The commission may: |
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| 82 | 82 | | |
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| 83 | 83 | | (a) In consultation with the advisory board and the * * *Department of Information Technology Services Mississippi Emergency Management Agency, establish policies, procedures and standards to incorporate into a comprehensive management plan for use and operation of the communications system. |
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| 84 | 84 | | |
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| 85 | 85 | | (b) Enter into mutual aid agreements among federal, state and local agencies for the use of the communications system. |
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| 86 | 86 | | |
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| 87 | 87 | | (c) Establish the cost of maintenance and operation of the system and charge subscribers for access and use of the system. |
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| 88 | 88 | | |
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| 89 | 89 | | (d) Assess charges for use of the system. |
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| 90 | 90 | | |
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| 91 | 91 | | (e) Obtain space through rent or lease of space on any tower under state control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the owner/agent for each site when it is determined to be practicable and feasible to make space available. |
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| 92 | 92 | | |
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| 93 | 93 | | (f) Provide space through rent or lease of space on any tower under the commission's control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the commission when it is determined to be practicable and feasible to make space available. |
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| 94 | 94 | | |
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| 95 | 95 | | (g) Refuse to lease space on any tower at any site. All monies collected by the commission for such rents, leases or subleases shall be deposited directly into a special fund hereby created and known as the "Integrated Public Safety Communications Fund." This fund shall be administered by the * * * Department of Information Technology Services Mississippi Emergency Management Agency and may be used by the commission to construct, maintain and operate the system. |
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| 96 | 96 | | |
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| 97 | 97 | | (h) Rent, lease or sublease ground space on lands acquired by the commission for the construction of privately owned or publicly owned towers. The commission, as part of such rental, lease or sublease agreement, may require space on such towers for antennae as may be necessary for the construction and operation of the wireless communications system. |
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| 98 | 98 | | |
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| 99 | 99 | | (i) Enter into and perform use and occupancy agreements concerning the system. |
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| 100 | 100 | | |
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| 101 | 101 | | (j) Exercise any power necessary to carry out the intent of this law. |
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| 102 | 102 | | |
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| 103 | 103 | | (6) The Department of Transportation, the Department of Public Safety and other commission members may provide to the commission, on a full-time or part-time basis, personnel and technical support necessary and sufficient to effectively and efficiently carry out the requirements of this section. |
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| 104 | 104 | | |
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| 105 | 105 | | (7) (a) Expenditures from the Integrated Public Safety Communications Fund shall be administered by the * * * Department of Information Technology Services Mississippi Emergency Management Agency with expenditures approved jointly by the commission and the * * * Department of Information Technology Services Mississippi Emergency Management Agency. |
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| 106 | 106 | | |
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| 107 | 107 | | (b) The Integrated Public Safety Communications Fund may consist of the following: |
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| 108 | 108 | | |
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| 109 | 109 | | (i) Appropriations from the Legislature; |
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| 110 | 110 | | |
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| 111 | 111 | | (ii) Gifts; |
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| 112 | 112 | | |
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| 113 | 113 | | (iii) Federal grants; |
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| 114 | 114 | | |
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| 115 | 115 | | (iv) Fees and contributions from user agencies that the commission considers necessary to maintain and operate the system; and |
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| 116 | 116 | | |
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| 117 | 117 | | (v) Monies from any other source permitted by law. |
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| 118 | 118 | | |
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| 119 | 119 | | (c) Any monies remaining in the Integrated Public Safety Communications Fund at the end of the fiscal year shall not revert to the State General Fund, but shall remain in the Integrated Public Safety Communications Fund. |
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| 120 | 120 | | |
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| 121 | 121 | | (8) Members of the commission shall not receive any compensation or per diem, but may receive travel reimbursement provided for under Section 25-3-41. |
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| 122 | 122 | | |
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| 123 | 123 | | (9) There is hereby created the Wireless Communication Advisory Board for the purpose of advising the Mississippi Wireless Communication Commission in performance of its duties. The advisory board shall be composed of the following: |
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| 124 | 124 | | |
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| 125 | 125 | | (a) The Chairman and Vice Chairman of the Senate Public * * * Utilities Property Committee, or their designees; |
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| 126 | 126 | | |
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| 127 | 127 | | (b) The Chairman and Vice Chairman of the House of Representatives Public Utilities Committee, or their designees; |
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| 128 | 128 | | |
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| 129 | 129 | | (c) The Chairman of the Senate Appropriations Committee, or his or her designee; |
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| 130 | 130 | | |
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| 131 | 131 | | (d) The Chairman of the House of Representatives Appropriations Committee, or his or her designee; |
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| 132 | 132 | | |
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| 133 | 133 | | (e) The Chairman of the Senate Finance Committee, or his or her designee; and |
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| 134 | 134 | | |
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| 135 | 135 | | (f) The Chairman of the House of Representatives Ways and Means Committee, or his or her designee. |
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| 136 | 136 | | |
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| 137 | 137 | | Members of the advisory board shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session. |
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| 138 | 138 | | |
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| 139 | 139 | | (10) It is the intent of the Legislature that all state and local government entities make available for purposes of this section all publicly owned wireless communications infrastructure, including, but not limited to, communications towers, transmission equipment, transmission frequencies and other related properties and facilities. |
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| 140 | 140 | | |
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| 141 | 141 | | (11) Nothing in this section shall be construed or interpreted to provide for the regulation or oversight of commercial mobile radio services. |
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| 142 | 142 | | |
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| 143 | 143 | | (12) Nothing in this section shall be construed to supersede the authority of the * * * Department of Information Technology Services Mississippi Emergency Management Agency provided in Section 25-53-1 et seq. |
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| 144 | 144 | | |
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| 145 | 145 | | (13) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law. |
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| 146 | 146 | | |
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| 147 | 147 | | (14) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section. |
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| 148 | 148 | | |
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| 149 | 149 | | SECTION 2. Section 33-15-14, Mississippi Code of 1972, is amended as follows: |
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| 150 | 150 | | |
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| 151 | 151 | | 33-15-14. (1) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management. |
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| 152 | 152 | | |
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| 153 | 153 | | (2) In performing its duties under this article, the agency shall: |
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| 154 | 154 | | |
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| 155 | 155 | | (a) Work with the Governor, or his or her representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and: |
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| 156 | 156 | | |
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| 157 | 157 | | (i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations. |
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| 158 | 158 | | |
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| 159 | 159 | | (ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a post-disaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs. |
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| 160 | 160 | | |
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| 161 | 161 | | (iii) Include a post-disaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of post-disaster response and recovery activities. This component must provide for post-disaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The post-disaster response and recovery component must, at a minimum: establish the structure of the state's post-disaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide post-disaster response and recovery activities; describe the chain of command during the post-disaster response and recovery period; describe initial and continuous post-disaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods. |
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| 162 | 162 | | |
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| 163 | 163 | | (iv) Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency. |
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| 164 | 164 | | |
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| 165 | 165 | | (v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor. |
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| 166 | 166 | | |
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| 167 | 167 | | (vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions. |
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| 168 | 168 | | |
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| 169 | 169 | | (vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government. |
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| 170 | 170 | | |
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| 171 | 171 | | (viii) 1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities. |
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| 172 | 172 | | |
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| 173 | 173 | | 2. The agency shall prepare an interim post-disaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter. |
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| 174 | 174 | | |
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| 175 | 175 | | (b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans. |
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| 176 | 176 | | |
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| 177 | 177 | | (c) Assist political subdivisions in preparing and maintaining emergency management plans. |
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| 178 | 178 | | |
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| 179 | 179 | | (d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section. |
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| 180 | 180 | | |
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| 181 | 181 | | (e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact. |
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| 182 | 182 | | |
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| 183 | 183 | | (f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article. |
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| 184 | 184 | | |
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| 185 | 185 | | (g) Anticipate trends and promote innovations that will enhance the emergency management system. |
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| 186 | 186 | | |
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| 187 | 187 | | (h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs. |
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| 188 | 188 | | |
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| 189 | 189 | | (i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions. |
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| 190 | 190 | | |
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| 191 | 191 | | (j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program. |
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| 192 | 192 | | |
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| 193 | 193 | | (k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters. |
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| 194 | 194 | | |
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| 195 | 195 | | (l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article. |
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| 196 | 196 | | |
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| 197 | 197 | | (m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program. |
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| 198 | 198 | | |
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| 199 | 199 | | (n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority. |
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| 200 | 200 | | |
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| 201 | 201 | | (o) Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors. |
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| 202 | 202 | | |
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| 203 | 203 | | (p) Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions. |
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| 204 | 204 | | |
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| 205 | 205 | | (q) In accordance with Section 25-43-1 et seq., create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government. |
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| 206 | 206 | | |
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| 207 | 207 | | (r) Have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property with other state and federal agencies. |
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| 208 | 208 | | |
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| 209 | 209 | | (s) Do other things necessary, incidental or appropriate for the implementation of this article. |
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| 210 | 210 | | |
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| 211 | 211 | | (t) In accordance with Section 33-15-15, create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program. |
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| 212 | 212 | | |
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| 213 | 213 | | (u) Unless otherwise instructed by the Governor, sponsor and develop mutual aid plans and agreements between the political subdivisions of the state and the Mississippi Band of Choctaw Indians similar to the mutual aid arrangements with other states referenced in Section 33-15-11(b)(10). |
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| 214 | 214 | | |
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| 215 | 215 | | (v) Work in conjunction with the Mississippi Wireless Communication Commission to promulgate rules and regulations for the Commission, and perform additional functions as provided in Section 25-53-171. |
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| 216 | 216 | | |
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| 217 | 217 | | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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