| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Technology By: Senator(s) DeLano Senate Bill 2835 (As Sent to Governor) AN ACT TO CREATE THE MISSISSIPPI EMERGENCY COMMUNICATIONS AUTHORITY ACT; TO DEFINE TERMS; TO ESTABLISH THE MISSISSIPPI COMMUNICATIONS AUTHORITY WITHIN THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; TO CREATE AN ADVISORY BOARD TO ADVISE THE AUTHORITY; TO REQUIRE THE AUTHORITY TO ADMINISTER, RECEIVE, AND AUDIT EMERGENCY COMMUNICATIONS SERVICE CHARGES; TO REQUIRE THE AUTHORITY TO DEVELOP, ESTABLISH, AND PUBLISH A STATE NG911 PLAN; TO REQUIRE THE AUTHORITY TO PUBLISH MINIMUM STANDARDS, SPECIFICATIONS, AND REQUIREMENTS FOR EACH ECD NG911 PLAN; TO PRESCRIBE THE AUTHORITY'S DUTIES AND RESPONSIBILITIES; TO ESTABLISH THE NG911 CMRS GRANT FUND; TO DESCRIBE THE AUTHORITY'S POWERS; TO STIPULATE THAT ALL MONIES RECEIVED BY THE AUTHORITY PURSUANT TO THIS ACT SHALL BE DEEMED TRUST FUNDS; TO STIPULATE THAT THIS ACT SHALL BE LIBERALLY CONSTRUED TO EFFECT THE PURPOSES OF THIS ACT FOR THE WELFARE OF THE STATE AND ITS INHABITANTS; TO ESTABLISH CONFIDENTIALITY FOR INFORMATION SUBMITTED TO THE AUTHORITY OR THE DEPARTMENT; TO STIPULATE THAT THE ATTORNEY GENERAL SHALL PROVIDE LEGAL SERVICES TO THE AUTHORITY; TO OUTLINE EMERGENCY COMMUNICATIONS SERVICE CHARGES; TO STIPULATE THAT CHARGES COLLECTED BY SERVICE PROVIDERS SHALL BE REMITTED TO THE DEPARTMENT ACCORDING TO CHAPTER 65 OF TITLE 27; TO CREATE CERTAIN PROVISIONS FOR THE REMITTANCE OF CHARGES; TO PROVIDE FOR THE APPLICATION OF THE EMERGENCY COMMUNICATION SERVICE CHARGE; TO ESTABLISH LIABILITY FOR THE EMERGENCY COMMUNICATIONS SERVICE CHARGE; TO ACCOUNT FOR PREPAID WIRELESS COMMUNICATIONS SERVICE; TO PROVIDE FOR AUDIT AND APPEAL PROCEDURES; TO CREATE A TIMELINE FOR INTRODUCING THE NEW SYSTEM; TO STIPULATE THAT WIRELESS EMERGENCY TELEPHONE SERVICE SHALL NOT BE USED FOR PERSONAL USE; TO ACCOUNT FOR DEPOSIT AND DISBURSEMENT OF FUNDS COLLECTED UNDER THIS ACT; TO REQUIRE ECDS TO SUBMIT FINANCIAL AND PROGRAM REPORTS TO THE AUTHORITY ADVISORY BOARD ON AN ANNUAL BASIS; TO REQUIRE EACH ECD TO ADOPT AN NG911 PLAN NO LATER THAN DECEMBER 31, 2030; TO AMEND SECTION 19-5-305, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CREATION OF AN ECD; TO AMEND SECTION 19-5-307, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 19-5-315, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 19-5-317, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 33-15-14, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AGENCY TO SERVE AS THE STATEWIDE COORDINATOR FOR EMERGENCY COMMUNICATIONS; TO REPEAL SECTIONS 19-5-303, 19-5-311, 19-5-313, 19-5-331, 19-5-333, 19-5-335, 19-5-337, 19-5-339, 19-5-341, 19-5-343, MISSISSIPPI CODE OF 1972, RELATED TO THE EMERGENCY TELEPHONE SERVICE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Mississippi Emergency Communications Authority Act." SECTION 2. As used in this act, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (a) "Authority" means the Mississippi Emergency Communications Authority. The authority is a subdivision of the Mississippi Emergency Management Agency for all purposes and reports directly to the MEMA Executive Director. The director of the authority shall be the Emergency Management Communications Coordinator of the Mississippi Emergency Management Agency (MEMA). (b) "Advisory board" or "board" means the Mississippi Emergency Communication Authority (MECA) Advisory Board as appointed in Section 4 of this act. (c) "ECD" means an emergency communications district created pursuant to Section 19-5-301 et seq., or by a local and private act of the State of Mississippi. (d) "Public safety answering point" or "PSAP" means an entity responsible for receiving 911 calls and processing those calls according to a specific operational policy. (e) "Commercial mobile radio service provider" or "CMRS provider" has the same meaning as defined in 47 CFR 9.3. (f) "NG911" means Next Generation 911: a secure, internet protocol (IP)-based, open-standards system comprised of hardware, software, data and operational policies and procedures. NG911 is designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for Public Safety Asnwering Points (PSAPs) and other emergency service organizations. NG911: (i) Provides standardized interfaces from emergency call and message services to support emergency communications; (ii) Processes all types of emergency calls, including voice, text, data and multimedia information; (iii) Acquires and integrates additional emergency call data useful to call routing and handling; (iv) Delivers the emergency calls, messages, and data to the appropriate Public Safety Answering Point (PSAP) and other appropriate emergency entities based on the location of the caller; (v) Supports data, video and other communications needs for coordinated incident response and management; and (vi) Interoperates with services and networks used by first responders (and other 911 systems) to facilitate emergency response. (g) "Emergency Communications Public Safety Trust Fund" means the funds remitted to the Department of Revenue and deposited into the Emergency Communications Service Charge Fund that through contract or memorandum of understanding with the Mississippi Emergency Communication Authority are transmitted to ECDs. (h) "Emergency communications service charge" means the emergency communications service charge levied, maintained and collected according to this act. (i) "Distribution formula" means the formula created in Section 3 of this act by which monies generated from the emergency communications service charge are distributed to local ECDs and to the authority. (j) "Exchange access facility" means all lines provided by the service supplier for the provision of local exchange service as defined in existing general subscriber services tariffs. (k) "Place of primary use" means the street address where the consumer's use of communications services primarily occurs, which must be either the residential street address or the primary business street address of the consumer. When location of primary use is impractical to determine, the physical address for billing may be used. (l) "Service supplier" means any person providing exchange telephone service to any service user throughout a county. (m) "Consumer" means a person who purchases retail communications service or prepaid wireless telecommunications service in a retail transaction. (n) "Prepaid wireless emergency communications services charge" means the charge that is required to be collected by a seller from a consumer in the amount established under Section 3 of this act. (o) "Prepaid wireless communications service" means a wireless communications service that allows a caller to access a PSAP through a placed call or wireless data connection. Such service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount. (p) "Service provider" means an entity which provides a service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance. This definition applies only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable federal or state requirements to provide the 911 dialing capability. The term does not include wireless and internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and NG911 service. (q) "Seller" means a person who sells prepaid wireless telecommunications service to another person. (r) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. A retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of Section 27-65-19(1)(d)(v)3.c. (s) "Internet protocol" or "IP" means the method by which data is sent from one computer to another on the internet or other networks. (t) "Emergency Services IP Network" or "ESInet" means a managed IP network that is used for emergency services communications and can be shared by all public safety agencies. ESInet provides the IP transport infrastructure upon which independent application platforms and core services can be deployed, including, but not restricted to, those necessary for providing NG911 services. ESInets may be constructed from a mix of dedicated and shared facilities. ESInets may be interconnected at local, regional, state, federal, national and international levels to form an IP-based internetwork, or a network of networks. ESInet is the designation for the network but not for services provided by the network. (u) "Geographic information system" or "GIS" means a system for capturing, storing, displaying, analyzing and managing data and associated attributes which are spatially referenced. (v) "State NG911 Plan" means a comprehensive strategy developed by the state to transition from 911 to Next Generation 911 technology. (w) "NG911 CMRS Grant Fund" means the fund established in Section 7 of this act. (x) "ECD NG911 implementation fund" means a fund established in each individual ECD for the purpose of NG911 implementation. (y) "Operations fund" means a fund established to cover operational expenses for the ECD for capital improvements, normal operations, and provision of PSAP services. (z) "State NG911 Fund" means a fund specifically used to implement, deploy, maintain and upgrade as necessary a statewide NG911 Services Network, activities and/or infrastructure and other duties of the Mississippi Emergency Communications Authority as set forth in this act and consistent with the State NG911 Plan. (aa) "Location" means a single physical address. (bb) "Department" means the Mississippi Department of Revenue. SECTION 3. There is established the Mississippi Emergency Communications Authority as an instrumentality of the state. The authority and service providers shall work in cooperation with state and local governments to create a technical and operational framework for implementing and operating an interoperable and interconnected NG911 public safety network. The authority may contract and be contracted with and defend and bring actions, including, but not limited to, invoking a private right of action to enforce this act. The authority shall exist within the Mississippi Emergency Management Agency for all operational purposes. The Executive Director of MEMA shall be the ultimate authority and administrative head of the Mississippi Emergency Communications Authority. The Executive Director of MEMA shall select a director to manage the authority. Such director shall be responsible for ensuring that the authority remains compliant with applicable state and federal programs and law. All employees of the authority, including the appointed director, shall serve at the will and pleasure of the Executive Director of MEMA. SECTION 4. (1) Management of the authority shall be vested in the director, with an advisory board to offer technical guidance and recommendations, which shall consist of the following members: (a) The Commissioner of Public Safety, or his or her designee; (b) One (1) member appointed by the Governor selected from two (2) nominees submitted by the GIS Coordinating Council; (c) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi 911 Coordinators Association; (d) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the Association of Public Safety Communications Officials; (e) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the National Emergency Number Association; (f) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Association of Supervisors, who shall be an elected member of a county board of supervisors; (g) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Association of Supervisors, who is one of either a county manager, county administrator or finance officer from a county that operates or contracts for the operation of a public safety answering point; (h) One (1) member appointed by the Governor, selected from two (2) nominees submitted by Mississippi Emergency Medical Services; (i) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Municipal League, who is an elected member of a municipal governing authority, city manager, city administrator, or finance officer from a municipality that operates or contracts for the operation of a public safety answering point; (j) One (1) member appointed by the Governor who shall be from the telecommunications industry; (k) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Sheriffs' Association, who is a sheriff responsible for managing a public safety answering point; (l) One (1) police chief appointed by the Governor, selected from two (2) nominees submitted by the Mississippi Association of Chiefs of Police, who is serving a local government; and (m) One (1) fire chief appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Fire Chiefs Association, who is serving a local government. (2) The initial term for appointments made pursuant to paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1) of this section shall be from July 1, 2025, until June 30, 2028. These initial appointments shall be made by July 1, 2025. The initial term for appointments made pursuant to paragraphs (h), (i), (j), (k), (l) and (m) of subsection (1) of this section shall be from July 1, 2025, until June 30, 2027. All subsequent terms shall be for three (3) years. Any vacancies that occur prior to the end of a term shall be filled by appointment in the same manner as the original appointment and shall be for the remainder of the unexpired term. Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment as soon as practicable after the vacancy occurs. Upon expiration of his or her term of office, a board member shall continue to serve until his or her successor has been duly appointed and qualified. Members may be appointed to successive terms. Appointments made at times when the Senate is not in session shall be effective immediately ad interim, and appointees shall serve until the Senate acts on the appointment as provided herein. Any appointments made while the Senate is not in session shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. In the event the Senate fails or refuses to act on the appointment, the person whose name was submitted shall continue to serve until action is taken on the appointment by the Senate. (3) The board may appoint additional ex officio nonvoting members to serve in an advisory role to the board. Such advisers shall not be counted in ascertaining if a quorum is present. Such members shall include, but shall not be limited to: (a) Two (2) representatives of MEMA: (i) One (1) shall be employed by MEMA in a legal capacity; and (ii) One (1) shall be employed by MEMA in an accounting capacity; (b) The Chairman of the Senate Technology Committee, or his or her designee; (c) The Chairman of the House of Representatives Technology Committee, or his or her designee; (d) The Chairman of the Senate Appropriations Committee, or his or her designee; and (e) The Chairman of a House of Representative Appropriations Committee, or his or her designee, to be chosen by the Speaker of the House. (4) Members of the advisory board shall receive no compensation for their services, but the authority may reimburse members from funds of the authority as provided by state law for travel associated with their service. Such amount shall not exceed the reimbursement authorized for state officers and employees in Section 25-3-41. (5) Seven (7) members of the advisory board shall constitute a quorum, and the affirmative votes of a majority of a quorum shall be required for any action to be taken by the board. (6) The director of the authority shall convene the initial meeting of the board no later than August 1, 2025, at which time the board shall elect one (1) of its members as chairperson. In addition, the board shall elect a vice chairperson, a secretary and a treasurer from among its membership. (7) The advisory board shall promulgate bylaws and may adopt other procedures for governing its affairs and for discharging its duties as permitted or required by law, as well as applicable rules and regulations, provided that the director has ultimate authority for approving, denying or modifying such bylaws and procedures. SECTION 5. (1) Along with the department, the authority shall administer, receive and audit emergency communications service charges for the benefit of the State NG911 Plan and ECDs throughout the state, as specified in this act, and on such terms and conditions as are in the best interest of the operations of ECDs. (2) On or before March 1, 2026, the authority shall develop, establish and publish a defined scope, technical standards and operational requirements for a State NG911 Plan. The authority shall act as a statewide proprietor and resource for the development, modification, and implementation of the State NG911 Plan. The authority shall have an exemption from state procurement timelines and requirements for a period of three (3) years in order to establish plans and functions. (3) On or before September 30, 2026, the authority shall publish minimum standards, specifications and requirements for each ECD NG911 plan. The authority shall act as a statewide proprietor and resource for the development, modification, and approval of each ECD's NG911 implementation plan. SECTION 6. The authority shall have the duty and responsibility to: (a) Develop and adopt an annual budget for implementation, management, upgrades, deployments, and operations consistent with the State NG911 Plan. Such plan must be submitted to and approved by the Legislative Budget Office; (b) Apply for, receive, and use federal grants, state grants or both; (c) Study, evaluate and establish technology standards for regional and statewide provision of a public safety communications network and NG911 systems; (d) Review and revise technology standards based on orders and rulings by the Federal Communications Commission (FCC); (e) Identify and recommend any changes necessary to accomplish a more effective, efficient and sustainable emergency communication service across the state, including consolidation and interoperability of PSAPs and/or 911 systems, recommending a long-term plan for standardization of operational processes and training, recommending any necessary legislation to implement the long-term strategic State NG911 Plan, and reporting its recommendations to the Legislature. The authority shall also make its report of such proposed changes available to the Legislative Services Offices of the Senate and the House of Representatives; (f) Identify and recommend any changes necessary in the assessment and collection of emergency communication service charges and provide a report to the Legislature. The authority shall also make its report of such changes available to the Legislative Services Office of the Senate and the House of Representatives; (g) Develop, offer or make recommendations to the Mississippi Board of Emergency Telecommunications Standards and Training according to Section 19-5-351 and other state agencies about standardized training that should be provided to telecommunicators, trainers, supervisors and directors of Public Safety Answering Points; (h) Recommend minimum standards for the operation of public safety answering points, develop and implement an internal quality assurance program and monitor local and regional PSAP compliance with technical and operational standards, requirements and practices; (i) Collect data regarding the performance and operation of public safety answering points and coordinate with ECDs to provide technical assistance when requested; (j) Identify any necessary changes or enhancements to the State NG911; (k) Establish policies and procedures to develop and implement a plan to provide NG911 services statewide; (l) Investigate Geographical Information Systems Standards and mapping and incorporate them, as well as other resources, into the State NG911 Plan; (m) Address any adverse findings noted in ECD financial and program reports and to order such action as may be necessary to remedy the adverse findings. Such remedies may include, but not be limited to, withholding transfers from the Emergency Communication Public Safety Trust Fund; and (n) Develop a CMRS Implementation Grant Program to provide the State NG911 Fund and ECDs competitive grants for NG911 implementation consistent with the State NG911 Plan and an approved ECD NG911 plan. The authority shall develop a scoring system for ECD applications based on completeness of application, number of businesses and residences served, geographic area served by the ECD, efficiency of operations and achievement of consolidation of PSAPs. The scoring shall seek to promote a reduction of statewide PSAPs. Upon appropriation by the Legislature, funds available in the NG911 CMRS Grant Fund shall be used for grant programs and amounts awarded to ECDs shall be transferred to the ECD's NG911 Implementation Fund for the purposes stated in Section 16 of this act. SECTION 7. (1) There is created in the State Treasury a special fund to be designated as the "NG911 CMRS Grant Fund." The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Subject to appropriation by the Legislature, monies in the fund shall be disbursed by the Mississippi Emergency Management Agency only for capital improvements, equipment, software and other expenses directly attributed to the implementation of approved ECD NG911 plans, as well as for related purposes approved by the authority. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. (2) Upon July 1, 2025, the existing CMRS board shall remit to the NG911 CMRS Grant Fund all revenues accrued from the existing accounts payable fund as established in Section 19-5-333. SECTION 8. The authority shall: (a) Require each ECD to submit a plan to implement a NG911 program consistent with this act. The ECD may obtain technical assistance from the authority in formulating its plan. Each NG911 plan shall: (i) Be designed to meet the individual circumstances of each community and public agency participating in the ECD; and (ii) Consider potential efficiencies achieved from regionalization and consolidation. Once the board reviews each ECD's plan for completeness and compliance with the State NG911 Plan, the board shall vote to make a recommendation to the director. The director may either approve, deny or remand the plan back to the board with notes for further work. Upon final approval by the director, the board shall certify the ECD NG911 plan for period of time as stated in the State NG911 Plan; (b) Identify and define all ECDs created in Section 19-5-315 throughout the state by geospatial layer. The authority shall adopt a schedule of all zip codes plus four (4) designations for ECDs in the state as required by the federal Universal Sourcing Act. If any ECD has within its jurisdiction a zip code designation that does not adhere to ECD boundary lines, such affected ECDs shall assist the authority in determining the appropriate allocation of Emergency Communications Public Safety Trust Fund for each ECD for scheduling and distribution formula purposes. The authority shall maintain a published map of all ECD districts; (c) Make and execute contracts, lease agreements, and any other instrument necessary to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, professional services; (d) Acquire by purchase, lease, or otherwise and hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the purpose of the authority; (e) Apply for and accept any gifts or grants, loan guarantees, loans of funds, property, or financial or other aid in any form from the federal government, or any agency or instrumentality thereof, the state government, or any agency or instrumentality thereof, or any other source for any purpose specified in this act, and to comply, subject to the provisions of this act, with the terms and conditions thereof; (f) Deposit or otherwise invest funds held by the authority in any state depository or in any authorized investment of proceeds of state general obligation bonds and use such funds for its corporate purposes or redeposit or reinvest interest earned on such funds; (g) Administer the NG911 CMRS Grant Fund and the State NG911 Fund; (h) Retain, during each calendar month, an amount not to exceed seven percent (7%) of the total service charges remitted to the department from the emergency communications service charge and deposit such funds into a special fund established in the State Treasury to be designated the "State NG911 Fund." The State NG911 Fund shall be used for the purpose of administration and operations of the authority and costs directly associated with the implementation and/or maintenance of the State NG911 Plan. Monies left in the fund at the end of the fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund. All remaining monies in the Emergency Communications Service Charge shall be deposited into the Emergency Communications Public Safety Trust Fund as established hereinafter; (i) Receive, manage and control the fund established in the State Treasury designated as the "Emergency Communications Public Safety Trust Fund" pursuant to Section 13 of this act. The revenues which are deposited into the Emergency Communications Public Safety Trust Fund shall not be monies or property of the state and shall not be subject to appropriation by the Legislature. Monies in the fund at the end of the fiscal year shall not lapse into the General Fund. The Emergency Communications Public Safety Trust Fund shall be deposited into an insured, interest-bearing account, and interest earned shall be credited to the special fund; (j) Establish and maintain a distribution formula for the department to make disbursements from the "Emergency Communications Public Safety Trust Fund" to the ECDs. The distribution formula shall be developed and maintained by the advisory board to use all information acquired pursuant to Section 13 of this act and any other creditable information available to ensure accurate and fair distributions of the Emergency Communications Public Safety Trust Fund to the benefit of each ECD, less the provision in paragraph (i) of this subsection. Such formula for wired, voice over IP and wireless shall be based on the zip code plus four (4) designations as required by the Universal Sourcing Act and paragraph (b) of this subsection. Such formula shall also include prepaid wireless emergency service charges according to the following: The amount of the distribution shall be determined by dividing the population of the communications district by the state population, and then multiplying that quotient times the total revenues remitted to the department after deducting the amount authorized in this subsection. The advisory board shall establish a stated process for amending, appealing and otherwise managing the distribution formula. The director must approve the distribution formula prior to formal implementation; (k) Receive from the department and maintain a registration database of all service providers and notify the department as necessary of any provider that fails to comply with the requirements of this act; and (l) Promulgate such rules and regulations as may be necessary to effect the provisions of this act. SECTION 9. All monies received by the authority pursuant to this act shall be deemed to be trust funds to be held and applied solely as provided in this act. SECTION 10. This act, used for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 11. All information submitted to the authority or to the department as required by this act shall be subject to review only by the authority and the department. Further, notwithstanding any other provision of the law, no information so submitted shall be subject to subpoena or otherwise released to any person other than to the submitting service provider, the authority, and the department without the express permission of the department and the submitting service provider. General information collected by the department shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual service provider. SECTION 12. The Attorney General shall provide legal services for the authority. SECTION 13. (1) Beginning January 1, 2026, the state hereby levies an emergency communications service charge, and all service providers shall remit such charge to the Department of Revenue in an amount of Two Dollars ($2.00) per residential telephone subscriber line per month, Two Dollars ($2.00) per commercial telephone subscriber line per month for exchange telephone service, Two Dollars ($2.00) per Voice over Internet Protocol subscriber account per month, Two Dollars ($2.00) per CMRS connection per month, and Two Dollars ($2.00) for a prepaid wireless telecommunications service purchased in a retail transaction. (a) When a service provider delivers service to the same person, business, or organization the voice channel capacity to make more than one (1) simultaneous outbound call from an exchange access facility, each such separate simultaneous outbound call voice channel capacity, regardless of technology, shall constitute a separate service. A broadband connection used for telephone service shall not constitute a separate voice channel capacity subscription for purposes of the emergency communication service charge. (b) When the same person, business, or organization has several wireless telephones, each CMRS connection shall constitute a separate service. (c) No such emergency communications service charge shall be imposed upon more than two hundred (200) exchange access facilities or Voice over Internet Protocol lines per location. Trunks or service lines used to supply service to CMRS infrastructure shall not have an emergency communications service charge levied against them. (d) For the department to compute the amount due under this subsection, the number of emergency communications service charges a consumer shall be assessed shall not exceed the number of simultaneous outbound calls that can be made from voice channels the service supplier has activated and enabled. For service that provides shared simultaneous outbound voice channel capacity configured to and capable of accessing a PSAP in different states to multiple locations, the monthly emergency communications service charge shall be assessed only for the portion of such shared voice channel capacity in Mississippi as identified by the service provider's books and records. In determining the portion of the shared capacity in the state, the department may rely on, among other factors, a customer's certification of its allocation of capacity in Mississippi, which may be based on each end user location, the total number of end users, and the number of end users at each end user location. (e) (i) For prepaid wireless communications service, the emergency communications service charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the emergency communications service charge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (ii) The prepaid wireless emergency service charge is the liability of the consumer and not of the seller or of any service provider, except that the seller shall be liable to remit all prepaid wireless emergency service charges that the seller collects from consumers as provided in subsection (1) of this section, including all such charges that the seller is deemed to have collected where the amount of the charge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller. (iii) A seller shall be permitted to deduct and retain two percent (2%) of prepaid wireless emergency communications service charges that are collected by the seller from consumers. (iv) The department shall pay all remitted prepaid wireless emergency communication service in the same manner as subsection 2(d) of this section. (2) (a) Emergency communications service charges collected by service providers shall be remitted to the department at the times and in the manner provided by Chapter 65 of Title 27 with respect to sales and use taxes. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to Chapter 65 of Title 27. Interest and penalty provisions provided under Chapter 65 of Title 27 also apply. (b) The audit and appeal procedures applicable to Chapter 65 of Title 27 shall apply to prepaid wireless E911 charges. (c) The department shall establish procedures by which a service provider may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting a sale for resale transactions for sales and use tax purposes under Chapter 65 of Title 27. (d) The department shall pay all remitted emergency communications service charges as prescribed by the authority directly to the ECDs and the authority through the "Emergency Communications Public Safety Trust Fund," by the fifteenth of the month following the month of receipt, after deducting an amount not to exceed one-half percent (0.5%) of collected charges, that shall be retained by the department to reimburse its direct costs of administering the collection and remittance of emergency communications service charges. (3) For wired, wireless and Voice over IP services, each service provider shall act as a collection agent for the emergency communications service charge and shall, as part of the provider's normal monthly billing process, collect the emergency communications service charges levied upon providers and customers pursuant to subsection (1) of this section. A return, in such form as the department prescribes, shall be filed with the department, to include aggregate emergency communications service charges collected and reported to the Department of Revenue on a county or ECD basis as determined based on the customer's service address by the authority, using a zip code plus four (4) designation as required by the federal Uniform Sourcing Act and a remittance of the amount of service charge collected payable to the Emergency Communications Services Charge Fund. (4) Each service provider shall be entitled to deduct and retain from the emergency communications service charges collected by such provider during each calendar month an amount not to exceed one-half percent (0.5%) of the gross aggregate amount of such collections as reimbursement for the actual costs incurred by such provider in collecting, handling and processing such emergency communications service charges. (5) Each service provider that chooses to pass through the charge shall list the emergency communications service charge as a separate entry on each bill. For each service provider that provides an all-inclusive monthly charge, the service provider shall include the emergency communications service charge in the customer's monthly charge. (6) The emergency communications service charge is the liability of the consumer and not the service provider. The service provider shall have no obligation to take any legal action to enforce the collection of any emergency communications service charge. (7) The amount of the emergency communications service charge that is collected by a service provider or seller from a consumer shall not be considered revenue for any purpose and, therefore, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency. (8) No service provider or seller of prepaid wireless communications service shall be liable for damages to any person resulting from or incurred in connection with accessing or attempting to access emergency services. (9) No service provider shall be liable for damages to any person or entity resulting from or incurred in connection with the service provider's provision of assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state, in connection with any investigation or other law enforcement activity by such law enforcement officer that the provider believes in good faith to be lawful. (10) Partial payments made by a customer are applied first to the amount the customer owes the service provider or seller or seller of prepaid wireless telecommunication service. (11) The emergency communications service charge provided in this section and the service charge provided in Section 19-5-357 to fund the training of public safety telecommunicators shall be the only charges assessed to service providers and customers of service providers relating to emergency communications services. SECTION 14. To avoid an overlap in the assessment of the old and new charges for service providers obligated to pay the emergency communication service charge safety charge, a transition to the payment of the emergency communications service charge shall occur. (a) The assessment of charges before the effective date of this section shall continue through December 31, 2025, and be remitted in the same manner to the same entity as previously prescribed before the effective date of this section. (b) Any unpaid assessments for the time period up to and including December 31, 2025, shall remain due and payable under the terms and processes that are or were in place at the time of assessment. (c) Beginning on January 1, 2026, a service provider is subject to the public safety charges assessed as described in this section. (d) After January 1, 2026, a service supplier shall remit to Department of Revenue all assessments of the emergency communication service charge for a calendar month by the thirtieth business day of the following month and thereafter as prescribed in this section. SECTION 15. Wireless emergency telephone service shall not be used for personal use and shall be used solely for the use of communications by the public. Any person who knowingly uses or attempts to use wireless emergency telephone service for a purpose other than obtaining public safety assistance, or who knowingly uses or attempts to use wireless emergency telephone service in an effort to avoid any emergency communications charges, is guilty of a misdemeanor and shall be subject to a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days in the county jail, or both. If the value of the emergency communications charge or service obtained in a manner prohibited by this section exceeds One Hundred Dollars ($100.00), the offense may be prosecuted as a felony and punishable by a fine of not more than Five Thousand Dollars ($5,000.00) and imprisonment of not more than three (3) years, or both. SECTION 16. (1) Of the total funds received by any ECD from the Emergency Communications Public Safety Trust Fund, no less than thirty percent (30%) shall be deposited into the ECD NG911 implementation fund, and shall be used to provide for the transition from legacy 911 to NG911 by implementing, deploying and maintaining core components of NG911 functionality, including an IP based system comprised of managed Emergency Services IP network services (ESInets), functional elements (applications), databases (GIS) and call handling systems that replicate traditional E911 features and functions and provide additional capabilities. No ECD may access and/or expend ECD NG911 implementation funds until the authority, through written authorization from the director and the advisory board, has approved the ECD NG911 Plan. ECD NG911 implementation funds shall only be used for capital expenditures and operational expenses approved in the ECD NG911 plan. Except for expenses authorized in the ECD NG911 Plan, ECD NG911 implementation funds shall not be used for augmentation of the ECD's land mobile radio system. The funds deposited in the ECD NG911 implementation fund shall accrue to the benefit of the ECD. After an ECD's NG911 plan has been approved by the authority, the ECD is no longer required to segregate at least thirty percent (30%) of funds as stipulated herein. (2) The remainder of the total funds received by an ECD from the Emergency Communications Public Safety Trust Fund shall be deposited into the ECD's operations fund and shall be limited to providing PSAP services, including capital improvements, and in their normal ECD operations, including land mobile radio service. SECTION 17. Each ECD shall submit financial and program reports to the authority advisory board annually. Such reports shall demonstrate that the emergency communications district is spending funds in an efficient and effective manner consistent with the approved ECD NG911 Plan and using best practices in contracting for goods and services. Reports shall meet the minimum standards prescribed by the authority. The authority shall also prescribe procedures necessary to assure that the books and records are kept in accordance with generally accepted accounting principles. SECTION 18. Each emergency communication district shall adopt an NG911 plan no later than December 31, 2030, and any district failing to adopt its plan by such date shall not expend any monies from the NG911 CMRS Grant Fund or ECD NG911 implementation fund. SECTION 19. Section 19-5-305, Mississippi Code of 1972, is amended as follows: 19-5-305. (1) The board of supervisors of each county may create, by order duly adopted and entered on its minutes, an emergency communications district composed of all of the territory within the county. (2) The board of supervisors of each county may, in its discretion, by order duly adopted and entered on its minutes, choose to create an emergency communications district in partnership with another board of supervisors to serve each of the counties represented in the partnership. (3) The ECD shall have the authority to charge each qualified nonpublic user for costs associated with integrating and inclusion of the nonpublic user into the ECD's system. SECTION 20. Section 19-5-307, Mississippi Code of 1972, is amended as follows: 19-5-307. (1) When any district is created, the board of supervisors of the county creating such district may appoint a board of commissioners composed of seven (7) members to govern its affairs, and shall fix the domicile of the board at any point within the district. The members of the board shall be qualified electors of the district, two (2) of whom shall be appointed for terms of two (2) years, three (3) for terms of three (3) years, and two (2) for terms of four (4) years, dating from the date of the adoption of the ordinance creating the district. Thereafter, all appointments of the members shall be for terms of four (4) years. (2) The board of commissioners shall have complete and sole authority to appoint a chairman and any other officers it may deem necessary from among the membership of the board of commissioners. (3) A majority of the board of commissioners membership shall constitute a quorum and all official action of the board of commissioners shall require a quorum. (4) The board of commissioners shall have authority to employ such employees, experts and consultants as it may deem necessary to assist the board of commissioners in the discharge of its responsibilities to the extent that funds are made available. (5) In lieu of appointing a board of commissioners, the board of supervisors of the county may serve as the board of commissioners of the district, in which case it shall assume all the powers and duties of the board of commissioners as provided in Section 19-5-301 et seq. (6) From and after the adoption of the State NG911 Plan, all emergency communications districts shall purchase, lease or lease-purchase any new equipment used to comply with * * * the FCC Order, as defined in Section 19-5-333, requirements consistent with the State NG911 Plan from a products and equipment list maintained by the Mississippi Department of Information Technology Services; however, items not available from the list, or items which may be purchased at a lower price, shall be purchased in accordance with the Public Purchasing Law (Section 31-7-13). SECTION 21. Section 19-5-315, Mississippi Code of 1972, is amended as follows: 19-5-315. * * * (1) All provisions of Section 19-5-301 et seq., with the exception of Section 19-5-307, shall be construed to amend, repeal or supersede any local and private act under which a county or municipality has, prior to the effective date of Section 19-5-301 et seq., established an emergency communications district. ( * * *21) The governing authorities of any municipality which has established an emergency communications district (ECD) under the provisions of a local and private act enacted prior to the effective date of Section 19-5-301 et seq., may merge such district with * * * the district established by the county in which the municipality is located another ECD, by order duly adopted and entered on the minutes of the governing authority and after the board of supervisors has duly adopted and entered on its minutes a similar order. After the * * * county ECD and the municipal districts have been merged, the local and private act for such municipality shall be of no force or effect. ( * * *32) Two (2) or more * * * counties ECDS may, by order duly adopted by each governing authority and entered on their minutes, establish a single emergency communications district to be composed of all of the territory within such * * * counties ECD provided that * * * before the establishment thereof the board of supervisors of each of such counties has established an each emergency communications district * * * for its county has been established in accordance with Section 19-5-305. When two (2) or more * * * counties ECDs have established a single * * * emergency communications district for the counties ECD as provided under this subsection, the board of commissioners of the district shall * * * consist of the members of the board of supervisors be determined by the governing authority of each * * * of such counties or seven (7) members from each county to be appointed as provided in Section 19-5-307 ECD. (3) From and after October 1, 2027, a municipality may, in the form of a written agreement between the governing authorities of the municipality and the ECD it seeks to contract with, and with approval from the Mississippi Emergency Communications Authority, join another contiguous or noncontiguous ECD. Such written agreement shall include that a fair share of funding shall be contributed by the municipality being served to the county operating the emergency communications district. Monies necessary for the fair share of funding shall be received according to Section 8(i) and (j) of this act and Section 16 of this act. (4) An emergency communications district established under this section may serve the jurisdiction of more than one (1) public agency of the county or municipality or, through mutual written agreements. (5) Changes to an ECD's area of service, whether by consolidation, modification or otherwise, shall be provided in writing through memoranda of understanding. All changes shall be submitted in standard GIS data file to the Mississippi Emergency Communications Authority within ten (10) days of date of change. SECTION 22. Section 19-5-317, Mississippi Code of 1972, is amended as follows: 19-5-317. (1) When there is not an emergency, no person shall make a * * * telephone call for service to * * * an emergency telephone service a public safety answering point and knowingly or intentionally: (a) Remain silent; (b) Make abusive or harassing statements to an emergency telephone service employee; (c) Report the existence of an emergency; or (d) Falsely report a crime. (2) No person shall knowingly permit a * * * telephone communications device under his control to be used by another person in a manner described in subsection (1) of this section. (3) Conviction of a first offense under this section is punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment for a period of time not to exceed one (1) year, or by both such fine and imprisonment. Conviction of any subsequent offense under this section is punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by imprisonment for a period of time not to exceed three (3) years, or by both such fine and imprisonment. * * * (4) For the purpose of this section, "emergency telephone service" shall mean a service established under Section 19-5-301 et seq., Mississippi Code of 1972, or established under the provisions of a local and private act enacted prior to October 20, 1987. SECTION 23. 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 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 postdisaster 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 postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster 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 postdisaster 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) Serve as the statewide coordinator for Emergency Communications, including 911, E911, NG911 and all other related functions. (w) Administer, as necessary, eligible legacy CMRS reimbursements of infrastructure costs using funds appropriated by the Legislature for such purposes which are deposited into the State NG911 Fund. Such reimbursements shall be for compliance with legacy emergency communications services. SECTION 24. Section 19-5-303, Mississippi Code of 1972, which provides definitions, is hereby repealed. SECTION 25. Section 19-5-311, Mississippi Code of 1972, which provides for responding to emergency calls, is hereby repealed. SECTION 26. Section 19-5-313, Mississippi Code of 1972, which provides for emergency telephone services charges, shall stand repealed on December 31, 2025. SECTION 27. Section 19-5-331, Mississippi Code of 1972, which defines certain terms as used in the provisions providing for enhanced wireless emergency telephone service, is hereby repealed. SECTION 28. Section 19-5-333, Mississippi Code of 1972, which creates the Commercial Mobile Radio Service Board, shall stand repealed on December 31, 2025. SECTION 29. Section 19-5-335, Mississippi Code of 1972, which provides for the collection of services charges by the Commercial Mobile Radio Service Board and requires registration of Commercial Mobile Radio Service providers, shall stand repealed on December 31, 2025. SECTION 30. Section 19-5-337, Mississippi Code of 1972, which provides for the confidentiality of proprietary information submitted to the Commercial Mobile Radio Service Board, shall stand repealed on December 31, 2025. SECTION 31. Section 19-5-339, Mississippi Code of 1972, which provides for the requirement to provide enhanced 911 service, shall stand repealed on July 1, 2027. SECTION 32. Section 19-5-341, Mississippi Code of 1972, which makes it an offense and provides criminal penalties for using wireless emergency telephone service for personal use, is hereby repealed. SECTION 33. Section 19-5-343, Mississippi Code of 1972, which provides for the collection and remittance of prepaid wireless E911 charges, shall stand repealed on December 31, 2025. SECTION 34. This act shall take effect and be in force from and after July 1, 2025. |
|---|
| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Technology By: Senator(s) DeLano Senate Bill 2835 (As Passed the Senate) AN ACT TO CREATE THE MISSISSIPPI EMERGENCY COMMUNICATIONS AUTHORITY ACT; TO DEFINE TERMS; TO ESTABLISH THE MISSISSIPPI COMMUNICATIONS AUTHORITY WITHIN THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; TO CREATE AN ADVISORY BOARD TO ADVISE THE AUTHORITY; TO OUTLINE THE AUTHORITY'S POWERS AND DUTIES; TO ESTABLISH CONFIDENTIALITY; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL PROVIDE LEGAL SERVICES TO THE AUTHORITY; TO CREATE AN EMERGENCY COMMUNICATIONS SERVICE CHARGE; TO PROVIDE FOR COLLECTION OF, HOLDING, AND DISTRIBUTION OF THE SERVICE CHARGE; TO REQUIRE CERTAIN REGISTRATIONS FROM SERVICE PROVIDERS; TO PROVIDE THAT WIRELESS EMERGENCY TELEPHONE SERVICE SHALL NOT BE USED FOR PERSONAL USE; TO REQUIRE THE DEPARTMENT OF REVENUE TO PAY ALL REMITTED EMERGENCY COMMUNICATIONS SERVICE CHARGES OVER TO THE AUTHORITY; TO PROVIDE FOR A DEPOSIT INTO THE EMERGENCY COMMUNICATIONS PUBLIC SAFETY TRUST FUND; TO REQUIRE EACH EMERGENCY COMMUNICATIONS DISTRICT TO SUBMIT A FINANCIAL AND PROGRAM AUDIT TO THE AUTHORITY ADVISORY BOARD ANNUALLY; TO REQUIRE ALL EMERGENCY COMMUNICATION DISTRICTS TO ADOPT AN NG911 PLAN NO LATER THAN DECEMBER 31, 2030; TO BRING FORWARD SECTION 19-5-301, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 19-5-305, MISSISSIPPI CODE OF 1972, TO ALLOW COUNTIES TO FORM ECDS IN COORDINATION WITH EACH OTHER; TO BRING FORWARD SECTION 19-5-307, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 19-5-315, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION THAT STIPULATES THAT CHAPTER 5 SHALL BE CONSTRUED TO AMEND, REPEAL OR SUPERSEDE ANY LOCAL AND PRIVATE ACT; TO BRING FORWARD SECTION 19-5-317, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 33-15-14, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AGENCY TO SERVE AS THE STATEWIDE COORDINATOR FOR EMERGENCY COMMUNICATIONS; TO BRING FORWARD SECTION 33-15-7, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 19-5-343, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTIONS 19-5-303, 19-5-311, 19-5-313, 19-5-331, 19-5-333, 19-5-335, 19-5-337, 19-5-339, 19-5-341, 19-5-343, MISSISSIPPI CODE OF 1972, RELATED TO THE EMERGENCY TELEPHONE SERVICE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Mississippi Emergency Communications Authority Act." SECTION 2. As used in this act, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (a) "Authority" means the Mississippi Emergency Communications Authority. The authority is a subdivision of the Mississippi Emergency Management Agency for all purposes and reports directly to the MEMA Executive Director. (b) "Advisory board" or "board" means the thirteen (13) member Mississippi Emergency Communication Authority (MECA) Advisory Board as appointed in Section 3 of this act. (c) The director of the authority shall be the Emergency Management Communications Coordinator of the Mississippi Emergency Management Agency (MEMA). (d) "Commercial mobile radio service provider" or "CMRS provider" means a person, corporation, or entity licensed by the Federal Communications Commission to offer CMRS in the State of Mississippi, and includes, but is not limited to, broadband personal communications service, cellular radio telephone service, geographic area Specialized Mobile Radio (SMR) services in the 800 MHz and 900 MHz bands that offer real-time, two-way voice service that is interconnected with the public switched network, incumbent wide area SMR licensees, or any other cellular or wireless device that has the capability of connecting to a public safety answering point. (e) "Next Generation 9-1-1" or "NG9-1-1" or "NG911" means a secure, internet protocol (IP)-based, open-standards system comprised of hardware, software, data and operational policies and procedures that: (i) Provides standardized interfaces from emergency call and message services to support emergency communications; (ii) Processes all types of emergency calls, including voice, text, data and multimedia information; (iii) Acquires and integrates additional emergency call data useful to call routing and handling; (iv) Delivers the emergency calls, messages, and data to the appropriate Public Safety Answering Point (PSAP) and other appropriate emergency entities based on the location of the caller; (v) Supports data, video and other communications needs for coordinated incident response and management; and (vi) Interoperates with services and networks used by first responders (and other 911 systems) to facilitate emergency response. NG9-1-1 is designed to provide access to emergency services from all connected communications sources and provide multimedia data capabilities for Public Safety Answering Points (PSAPs) and other emergency service organizations. (f) "Emergency Communications Public Safety Trust Fund" means the funds remitted to the Department of Revenue and deposited into the Emergency Communications Service Charge Fund that through contract or memorandum of understanding with the Mississippi Emergency Communication Authority are transmitted to ECDs, (g) "Emergency Communications Service Charge Fund" means the Emergency Communications Service Charge Fund required to be established and maintained pursuant to Section 3 of this act. (h) "Emergency communications service charge" means the emergency communications service charge levied and maintained pursuant to this section and collected pursuant to Section 3 of this act. (i) "Distribution formula" means the formula specified in Section 3 of this act by which monies generated from the emergency communications service charge are distributed to the local emergency communications districts and to the authority. (j) "ECD" means an emergency communications district created pursuant to Section 19-5-301 et seq., or by a local and private act of the State of Mississippi. (k) "Exchange access facility" means an "exchange access facility" as defined by Section 19-5-303. (l) "Place of primary use" means the street address representative of where the consumer's use of communications services primarily occurs, which must be either the residential street address or the primary business street address of the consumer. When location of primary use is impractical to determine, the physical address for billing may be used. (m) "Service supplier" means a "service supplier" as defined by Section 19-5-303. (n) "Consumer" means a person who purchases retail communications service or prepaid wireless telecommunications service in a retail transaction. (o) "Prepaid wireless emergency communications services charge" means the charge that is required to be collected by a seller from a consumer in the amount established under Section 3 of this act. (p) "Prepaid wireless communications service" means a wireless communications service that allows a caller to access PSAP through a placed call or wireless data connection, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount. (q) "Service provider" means an entity that provides a service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable federal or state requirements to provide the 911 dialing capability. The term does not include wireless and internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service. (r) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. A retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of Section 27-65-19(1)(d)(v)3.c. (s) "Seller" means a person who sells prepaid wireless telecommunications service to another person. (t) "Emergency Services IP Network" or "ESInet" means a managed IP network that is used for emergency services communications, and which can be shared by all public safety agencies. It provides the IP transport infrastructure upon which independent application platforms and core services can be deployed, including, but not restricted to, those necessary for providing NG9-1-1 services. ESInets may be constructed from a mix of dedicated and shared facilities. ESInets may be interconnected at local, regional, state, federal, national and international levels to form an IP-based internetwork (network of networks). ESInet is the designation for the network, but not for the services on the network. (u) "Geographic information system" or "GIS" is a system for capturing, storing, displaying, analyzing and managing data and associated attributes which are spatially referenced. (v) "Internet protocol" or "IP" means the method by which data is sent from one computer to another on the internet or other networks. (w) "Public safety answering point" or "PSAP" is an entity responsible for receiving 9-1-1 calls and processing those calls according to a specific operational policy. (x) "State NG911 Plan" refers to a comprehensive strategy developed by the State to transition from 911 to Next Generation 911 technology. (y) "NG911 CMRS Grant Fund" established to receive all revenues accrued from the existing CMRS providers' accounts payable fund (as stated in Section 19-5-333(2)(c)(i)) that was levied on CMRS connections since the inception of Sections 19-5-335 and 19-5-343. The NG911 Implementation Grant Fund shall be used only for capital improvements, equipment, software and other expenses directly attributed to the implementation of approved ECD NG911 plans and related purposes as determined and provided by the authority. (z) "ECD NG911 Implementation Grant Fund" is established to deposit/transfer all revenues derived from the existing CMRS providers' accounts payable fund that was levied on CMRS connections. (aa) "ECD Operations Fund" is established for the operational expenses of the authority in providing PSAP services, capital improvements and normal operations. (bb) "State NG911 Fund" is specifically used to implement/deploy, maintain and upgrade as necessary a statewide NG911 Services Network, activities and/or infrastructure and other duties of the Mississippi Emergency Communications Authority as set forth in this act and consistent with the State NG911 Plan. (cc) "Location" is a single physical address. SECTION 3. (1) There is established the Mississippi Emergency Communications Authority as an instrumentality of the state. The authority and service providers shall work in cooperation with the state and local government to plan for and implement a framework of both technical and operational aspects of implementing and operating an interoperable and interconnected Next Generation 911 (NG911) public safety network. The authority may contract and be contracted with and defend and bring actions, including, but not limited to, a private right of action to enforce this act. The authority shall be an entity within the Mississippi Emergency Management Agency and attached to said agency for all operational purposes. The MEMA Executive director is the ultimate authority and administrative head of the Mississippi Emergency Communications Authority. The director shall be responsible for ensuring the authority is compliant with applicable state and federal programs and law. The director shall serve at the will and pleasure of the Executive Director of Mississippi Emergency Management Agency. All employees shall serve at the will and pleasure of the executive director. (2) (a) Management of the authority shall be vested in a director with technical guidance and recommendations from the advisory board which shall consist of the following: (i) The Commissioner of Public Safety, or his or her designee; (ii) One (1) member appointed by the Governor selected from two (2) nominees submitted by the GIS Coordinating Council; (iii) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi 911 Coordinators Association; (iv) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the Association of Public Safety Communications Officials; (v) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the National Emergency Number Association; (vi) One (1) member appointed by the Lieutenant Governor who shall be an elected member of a county board of supervisors selected from two (2) nominees submitted by the Mississippi Association of Supervisors; (vii) One (1) member appointed by the Lieutenant Governor who may be a county manager, county administrator or finance officer from a county that operates or contracts for the operation of a public safety answering point selected from two (2) nominees submitted by the Mississippi Association of Supervisors; (viii) One (1) member appointed by the Governor selected from two (2) nominees submitted by Mississippi Emergency Medical Services; (ix) One (1) member appointed by the Lieutenant Governor who shall be an elected member of a municipal governing authority, city manager, city administrator, or finance officer from a municipality that operates or contracts for the operation of a public safety answering point selected from two (2) nominees submitted by the Mississippi Municipal League; (x) One (1) member appointed by the Governor who shall be from the telecommunications industry; (xi) One (1) member appointed by the Lieutenant Governor who is a sheriff responsible for managing a public safety answering point selected from two (2) nominees submitted by the Mississippi Sheriffs' Association; (xii) One (1) police chief appointed by the Governor who is serving a local government selected from two (2) nominees submitted by the Mississippi Association of Chiefs of Police; and (xiii) One (1) fire chief appointed by the Lieutenant Governor who is serving a local government selected from two (2) nominees submitted by the Mississippi Fire Chiefs Association. (b) The initial term for appointments made pursuant to subparagraphs (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (a) of this subsection shall be from July 1, 2025, until June 30, 2028. These initial appointments shall be made by July 1, 2025. The initial term for appointments made pursuant to subparagraphs (viii), (ix), (x), (xi), (xii) and (xiii) of paragraph (a) of this subsection shall be from July 1, 2025, until June 30, 2027. All subsequent terms shall be for three (3) years. Any vacancies that occur prior to the end of a term shall be filled by appointment in the same manner as the original appointment and shall be for the remainder of the unexpired term. Upon expiration of his or her term of office, a board member shall continue to serve until his or her successor has been duly appointed and qualified. Members may be appointed to successive terms. In the event of a vacancy, the vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment as soon as practicable after the vacancy occurs. Appointments made at times when the Senate is not in session shall be effective immediately ad interim and shall serve until the Senate acts on the appointment as provided herein. Any appointments made while the Senate is not in session shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. In the event the Senate fails or refuses to act on the appointment, the person whose name was submitted shall continue to serve until action is taken on the appointment by the Senate. (c) The board may appoint additional persons to serve in an advisory role to the board. MEMA legal shall have a representative and MEMA accounting shall have a representative serving on the board in advisory positions. Such advisers shall be nonvoting and shall not be counted in ascertaining if a quorum is present. (d) Members of the advisory board shall receive no compensation for their services but may be authorized by the authority to receive reimbursement from funds of the authority as provided by state law for travel associated with their service in an amount not to exceed the reimbursement authorized for state officers and employees in Section 25-3-41. (e) Seven (7) members of the advisory board shall constitute a quorum, and the affirmative votes of a majority of a quorum shall be required for any action to be taken by the board. (f) The director of the authority shall convene the initial meeting of the board of the authority no later than August 1, 2025, at which time the board shall elect one (1) of its members as chairperson. In addition, the board shall elect from its membership a vice chairperson and a secretary/treasurer. (g) The advisory board shall promulgate bylaws and may adopt other procedures for governing its affairs and for discharging its duties as may be permitted or required by law or applicable rules and regulations, provided that the director has ultimate authority for approving, denying or modifying such bylaws and procedures. (3) The authority shall administer, receive and audit emergency communications service charges for the benefit of the State NG911 Plan and ECDs throughout the state, as specified in this article, and on such terms and conditions as may be determined to be in the best interest of the operations of ECDs. (4) The authority shall act as a statewide authority and resource for the development, modification, and implementation of a State NG911 Plan. On or before March 1, 2026, the authority shall develop, establish and publish a defined scope and technical standards and operational requirements for a State NG911 Plan. The authority shall have an exemption from state procurement timelines and requirements for a period of three (3) years in order to get plans and functions established. (5) The authority shall act as a statewide authority and resource for the development, modification, and approval of each ECD's NG911 implementation plan. On or before September 30, 2026, the authority shall publish minimum standards, specifications and requirements for a ECD NG911 plan. (6) In addition to the purposes specified in this subsection, the authority shall have the duties and responsibilities to: (a) Developing and adopt an annual budget for approval and submission to the Legislative Budget Office by MEMA for implementation, management, upgrades, deployments, and operations consistent with the State NG911 Plan; (b) Apply for, receive, and use federal grants or state grants or both; (c) Study, evaluate and establish technology standards for the regional and statewide provision of a public safety communications network and NG911 systems; review and revise technology standards based on orders and ruling by the Federal Communications Commission (FCC); (d) Identify and recommend any changes necessary to accomplish more effective, efficient and sustainable emergency communication service across this state, including consolidation and interoperability of PSAPs and or 911 systems, recommending a long-term plan for standardization of operational processes and training, recommending any legislation necessary to implement the long-term strategic State NG911 Plan, and reporting its recommendations to the Legislative Services Office of the Senate and the House of Representatives; (e) Identify and recommend any changes necessary in the assessment and collection of emergency communication service charges; provide a report to the Legislative Services Office of the Senate and the House of Representatives; (f) Develop, offer or make recommendations to the Mississippi Board of Emergency Telecommunications Standards and Training (Section 19-5-351) and other state agencies, as to standardized training that should be provided to telecommunicators, trainers, supervisors and directors of Public Safety Answering Points; (g) Recommend minimum standards for the operation of public safety answering points and the authority shall develop and implement a quality assurance program internally and shall monitor local and regional PSAP compliance with technical and operational standards, requirements and practices; (h) Collect data and statistics regarding the performance and operation of public safety answering points and coordinate with ECDs to provide technical assistance when requested; (i) Identify any necessary changes or enhancements to develop and deploy NG911 statewide and to establish policies and procedures to develop and implement a plan to provide NG911 services; (j) Investigate and incorporate Geographical Information Systems standards and mapping and other resources into the State NG911 Plan and formulate recommended strategies for the efficient and effective delivery of NG911 services; (k) The Mississippi Emergency Communications Authority shall have the authority to act upon any adverse findings noted in ECD audits or financial statements and to order such action as may be necessary to remedy the adverse findings which may include but, not be limited to, withholding transfers from the Emergency Communication Public Safety Trust Fund; (l) Develop a CMRS Implementation Grant Program for providing the State NG911 Fund and ECDs competitive grants for NG911 implementation consistent with the State NG911 Plan and an approved ECD NG911 plan. The authority shall develop a scoring system for ECD applications based on completeness of application, number of businesses and residences served, geographic area served by an ECD and achievement of consolidation of PSAPs. The scoring should promote a reduction of statewide PSAPs. Funds available in the NG911 CMRS Grant Fund shall be used for grant program and amounts awarded to ECDs shall be transferred to the ECDs NG911 Implementation Fund for the purposes stated in Section 9 of this act. (7) The authority shall have the power and authority to: (a) Require each ECD to submit a plan to implement a NG911 program consistent with Section 3 of this act. The ECD may obtain technical assistance from the authority in formulating its plan. Each NG911 plan shall be designed to meet the individual circumstances of each community and public agency participating in the ECD. The plan shall consider efficiencies to be achieved from regionalization and consolidation. Once the board reviews each ECD's plan for completeness and compliance with the State NG911 Plan, the board shall vote to make a recommendation to the director. The director may either approve, deny, or remand the plan back to the board with notes for further work. Upon final approval by the director, the board shall certify the ECD NG911 plan for period of time as state in the State NG911 Plan; (b) Identify and define all ECDs created in Section 19-5-315 throughout the state by geospatial layer. The authority shall adopt a schedule of all zip codes plus four (4) designations for ECDs in the state as required by the federal Universal Sourcing Act. ECDs that have within their jurisdiction any zip code designations that do not adhere to ECD boundary lines shall assist the authority in determining the appropriate allocation of Emergency Communications Service Charge for each ECD for scheduling purposes and used in the distribution formula. The authority shall maintain a published map of ECD districts; (c) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, professional services; (d) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the purpose of the authority; (e) Apply for and to accept any gifts or grants, loan guarantees, loans of funds, property, or financial or other aid in any form from the federal government or any agency or instrumentality thereof, from the state government or any agency or instrumentality thereof, or from any other source for any or all purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof; (f) Deposit or otherwise invest funds held by it in any state depository or in any investment that is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (g) Establish and maintain the Emergency Communications Service Public Safety Trust Fund, the NG911 CMRS Grant Fund, and the State NG911 Fund; (h) Receive, manage and control the Emergency Communications Service Charge Fund remitted to the Department of Revenue and transferred into a special fund established in the State Treasury designated as the "Emergency Communications Public Safety Trust Fund" on behalf of the authority and pursuant to Section 6 of this act. The revenues which are deposited into the Emergency Communications Public Safety Trust Fund shall not be monies or property of the state and shall not be subject to appropriation by the Legislature. Monies in the fund at the end of the fiscal year shall not lapse into the General Fund. The Emergency Communications Public Safety Trust Fund shall be deposited into an insured, interest-bearing account and interest earned shall be credited to the special fund; (i) Retain during each calendar month an amount not to exceed seven percent (7%) of the total money allocated to the Emergency Communications Public Safety Trust Fund which shall be deposited into a special fund established in the State Treasury to be designated as the "State NG911 Fund." The Emergency Communications Public Safety Trust Fund, and any other funds that may be made available, is to be used for the purpose of administration and operations of the authority and costs directly associated with the implementation and/or maintenance of the State NG911 Plan. Monies left in the fund at the end of the fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund; (j) Establish and maintain a distribution formula for the Emergency Communications Public Safety Trust Fund by which the authority will make disbursements to ECDs. The distribution formula shall be developed and maintained by the advisory board to use all information remitted pursuant to Section 6 of this act and any other creditable information available to ensure accurate and fair distributions of the Emergency Communications Public Safety Trust Fund to the benefit of each ECD. The advisory board shall establish a stated process for amending, appealing and otherwise managing the distribution formula. The director must approve the distribution formula prior to formal implementation; (k) Distribute funds in the Emergency Communications Public Safety Trust Fund to each ECD in accordance with the distribution formula established in this act; (l) Maintain a registration database of all service providers and impose an administrative fine on any provider that fails to comply with the registration requirements in this act; (m) May retain an independent, third-party accountant who shall audit service providers at the discretion of the authority to verify the accuracy of each service providers' emergency communications service charge collection. The information obtained by the audits shall be used solely for the purpose of verifying that service providers are accurately collecting and remitting the emergency communications service charges and may be used for any legal action initiated by the authority against service providers. The authority is prohibited from retaining a third-party accountant on a contingency fee or other success-based arrangement. The authority shall be subject to the following: (i) The authority shall develop a schedule for auditing service providers according to criteria adopted by the board. Such schedule shall provide for an audit of a service provider not more than once every three (3) years. Any such audit shall cover a representative sample of the service provider's customer base in the state; and (ii) Any claim by the authority seeking to adjust the amount of any collection, remittance, or charge reported by the service provider or imposing any penalty shall be limited to the period of three years prior to the date of the initial notice to the service provider of the audit; (n) Levy interest charges at the legal rate of interest established in Section 75-17-1 on any amount due and outstanding from any service provider who fails to remit emergency communications service charges in accordance with Section 6 of this act; (o) Promulgate such rules and regulations as may be necessary to effect the provisions of this act; (p) In order to provide additional funding for implementing, deploying, operating, and maintaining NG911 programs, the authority may receive federal, state, county or municipal funds, as well as funds from private sources, and may expend such funds for the purposes of Section 19-5-301 et seq. (8) All monies received by the authority pursuant to this act shall be deemed to be trust funds to be held and applied solely as provided in this act. (9) This act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 4. All information submitted to the authority or to the independent, third-party auditor as required by this act shall be retained by the authority and such auditor in confidence and shall be subject to review only by the authority. Further, notwithstanding any other provision of the law, no information so submitted shall be subject to subpoena or otherwise released to any person other than to the submitting service provider, the authority, and the aforesaid independent, third-party auditor without the express permission of the administrator and the submitting service provider. General information collected by the aforesaid independent, third-party auditor shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers of revenues attributable to an individual service provider. SECTION 5. The Attorney General shall provide legal services for the authority. SECTION 6. (1) Beginning January 1, 2026, the state hereby levies an emergency communications service charge in an amount not to exceed Two Dollars ($2.00) per residential telephone subscriber line per month, Two Dollars ($2.00) per Voice over Internet Protocol subscriber account per month, Two Dollars $2.00) per commercial telephone subscriber line per month for exchange telephone service, Two Dollars ($2.00) per CMRS connection per month, and Two Dollars ($2.00) for a prepaid wireless telecommunications service purchased in a retail transaction. (2) (a) No such emergency communications service charge shall be imposed upon more than two hundred (200) exchange access facilities or Voice over Internet Protocol lines per location. Trunks or service lines used to supply service to CMRS providers shall not have an emergency communications service charge levied against them. (b) In computing the amount due under this subsection, the number of emergency communications service charges a consumer shall be assessed shall not exceed the number of simultaneous outbound calls that can be made from voice channels the service supplier has activated and enabled. For service that provides to multiple locations shared simultaneous outbound voice channel capacity configured to and capable of accessing a PSAP in different states, the monthly emergency communications service charge shall be assessed only for the portion of such shared voice channel capacity in Mississippi as identified by the service provider's books and records. In determining the portion of the shared capacity in the state, a service provider may rely on, among other factors, a customer's certification of its allocation of capacity in Mississippi, which may be based on each end user location, the total number of end users, and the number of end users at each end user location. (3) For purposes of applying the emergency communication service charge (a) when a service provider delivers service to the same person, business, or organization the voice channel capacity to make more than one simultaneous outbound call from an exchange access facility, then each such separate simultaneous outbound call voice channel capacity, regardless of technology, shall constitute a separate service; and (b) when the same person, business, or organization has several wireless telephones, each CMRS connection shall constitute a separate service. A broadband connection used for telephone service shall not constitute a separate voice channel capacity subscription for purposes of the emergency communication service charge. (4) Each service provider shall act as a collection agent for the emergency communications service charge and shall, as part of the provider's normal monthly billing process, collect the emergency communications service charges levied upon providers and customers pursuant to subsection (1) of this section and shall, not later than thirty (30) days after the end of the calendar month in which such emergency communications service charges are collected, remit to the Department of Revenue the emergency communications service charges so collected. A return, in such form as the Department of Revenue and the service supplier agree upon, shall be filed with the Department of Revenue, to include aggregate emergency communications service charges collected and reported to the Department of Revenue on a county or ECD basis as determined by the authority using by a zip code plus four (4) designation as required by the federal Uniform Sourcing Act and a remittance of the amount of service charge collected payable to the Emergency Communications Services Charge Fund. (5) Each service provider shall be entitled to deduct and retain from the emergency communications service charges collected by such provider during each calendar month an amount not to exceed one-half percent (0.5%) of the gross aggregate amount of such collections as reimbursement for the actual costs incurred by such provider in collecting, handling and processing such emergency communications service charges. (6) Each service provider shall list the emergency communications service charge as a separate entry on each bill, which includes an emergency communications service charge. (7) The service supplier shall maintain records of the amount of emergency communications service charge collected for a period of at least two (2) years from date of collection. The authority shall receive an annual audit of the service supplier's books and records with respect to the collection and remittance of the emergency communications service charge. (8) The emergency communications service charge is the liability of the consumer and not the service provider. The service provider shall have no obligation to take any legal action to enforce the collection of any emergency communications service charge; however, the service provider shall annually provide the authority, upon request by the authority, with a list of the amount uncollected, together with the names and addresses of those service users who carry a balance that can be determined by the service provider to be nonpayment of such emergency communications service charge. Good-faith compliance by the service provider with this provision shall constitute a complete defense to any legal action or claim which may result from the service provider's determination of nonpayment and/or the identification of service users in connection therewith. (9) Each service provider shall register with the authority and the Department of Revenue and shall provide the following information upon registration: (a) The company name of the provider; (b) The marketing name of the provider; (c) The publicly traded name of the provider; (d) The physical address of the company headquarters and of the main office located in the State of Mississippi; and (e) The names and addresses of the providers' board of directors/owners. Each service provider shall notify the authority of any change in the information prescribed in paragraphs (a) through (e) of this subsection (7). The authority may impose an administrative fine in an amount not to exceed Ten Thousand Dollars ($10,000.00) on any provider which fails to comply with the provisions of this subsection. (10) (a) For prepaid wireless communications service, the emergency communications service charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the emergency communications service charge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (b) The prepaid wireless emergency service charge is the liability of the consumer and not of the seller or of any service provider, except that the seller shall be liable to remit all prepaid wireless emergency service charges that the seller collects from consumers as provided in subsection (1) of this section, including all such charges that the seller is deemed to have collected where the amount of the charge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller. (c) Prepaid wireless emergency communications service charges collected by sellers shall be remitted to the Department of Revenue at the times and in the manner provided by Title 27, Chapter 65, Mississippi Code of 1972, with respect to sales and use taxes. The Department of Revenue shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to Title 27, Chapter 65, Mississippi Code of 1972. (d) The audit and appeal procedures applicable to Title 27, Chapter 65, Mississippi Code of 1972, shall apply to prepaid wireless emergency communications service charges. (e) The Department of Revenue shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Title 27, Chapter 65, Mississippi Code of 1972. (f) A seller shall be permitted to deduct and retain two percent (2%) of prepaid wireless emergency service charges that are collected by the seller from consumers. (11) The amount of the emergency communications service charge that is collected by a service providers or seller from a consumer, shall not be considered revenue for any purpose and, therefore, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency. (12) No service provider or seller of prepaid wireless communications service shall be liable for damages to any person resulting from or incurred in connection with accessing or attempting to access emergency services. (13) No service provider shall be liable for damages to any person or entity resulting from or incurred in connection with the service provider's provision of assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state, in connection with any investigation or other law enforcement activity by such law enforcement officer that the provider believes in good faith to be lawful. (14) Partial payments made by a customer are applied first to the amount the customer owes the service provider or seller or seller of prepaid wireless telecommunication service. (15) The emergency communications service charge provided in Section 6 of this act and the service charge provided in Section 19-5-357 to fund the training of public safety telecommunicators shall be the only charges assessed to service providers and customers of service providers relating to emergency communications services. (16) To avoid an overlap in the assessment of the old and new charges for service providers obligated to pay the emergency communication service charge safety charge, a transition to the payment of the emergency communications service charge shall occur. (a) The assessment of charges before the effective date of this section shall continue through December 31, 2025, and be remitted in the same manner to the same entity as previously prescribed before the effective date of this section. (b) Any unpaid assessments for the time period up to and including December 31, 2025, shall remain due and payable under the terms and processes that are or were in place at the time. (c) Beginning on January 1, 2026, a service provider is subject to the public safety charges assessed as described in this section. (d) After January 1, 2026, a service supplier shall remit to Department of Revenue all assessments of the emergency communication service charge for a calendar month by the fifteenth business day of the following month and thereafter as prescribed in this section. SECTION 7. Wireless emergency telephone service shall not be used for personal use and shall be used solely for the use of communications by the public. Any person who knowingly uses or attempts to use wireless emergency telephone service for a purpose other than obtaining public safety assistance, or who knowingly uses or attempts to use wireless emergency telephone service in an effort to avoid any emergency communications charges, is guilty of a misdemeanor and shall be subject to a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days in the county jail, or both such fine and imprisonment. If the value of the emergency communications charge or service obtained in a manner prohibited by this section exceeds One Hundred Dollars ($100.00), the offense may be prosecuted as a felony and punishable by a fine of not more than Five Thousand Dollars ($5,000.00) and imprisonment of not more than three (3) years, or both such fine and imprisonment. SECTION 8. The Department of Revenue shall pay all remitted emergency communications service charges over to the authority in accordance with Section 3(h) of this act, through contract or a memorandum of understanding, within thirty (30) days of receipt, for use by the authority in accordance with the purposes permitted by this act, after deducting an amount, not to exceed one-half percent (0.50%) of collected charges that shall be retained by the department to reimburse its direct costs of administering the collection and remittance of emergency communication service charges. SECTION 9. (1) Of the total funds received by any ECD from the Emergency Communications Public Safety Trust Fund, no less than thirty percent (30%) shall be deposited into the ECD NG911 Implementation Fund, and shall be used to plan and provide for the transition from legacy 911 to NG911 by implementing/deploying and maintaining core components of NG911 functionality, including an IP based system comprised of managed Emergency Services IP network services (ESInets), functional elements (applications), databases (GIS), and call handling systems that replicate traditional E911 features and functions and provides additional capabilities. ECD NG911 Implementation Funds shall not be used for operations for expenses that are not considered capital in nature. Except for expenses authorized in the State NG911 Plan, no ECD NG911 Implementation Funds may be used for augmentation of the ECD's land mobile radio system. The funds deposited in the EDC NG911 Implementation Fund shall accrue to the benefit of the ECD. No ECD may access and or expend ECD NG911 Implementation Funds until the authority, through written authorization from the director and the advisory board, has approved the ECD's NG911 Plan. (2) The remainder of the total funds received by an ECD from the Emergency Communications Public Safety Trust Fund shall be deposited into the ECD Operations Fund and shall be limited to provide PSAP services, including capital improvements, and in their normal ECD operations, including land mobile radio service. SECTION 10. Each ECD shall submit a financial and program audit to the authority advisory board annually. Such program audits shall test whether emergency communications districts are spending funds in an efficient and effective manner and whether emergency communications districts are using best practices in contracting for goods and services. Audits shall meet the minimum standards prescribed. The MEMA/MECA shall also prescribe procedures necessary to assure that the books and records are kept in accordance with generally accepted accounting principles. SECTION 11. All emergency communication districts must adopt an NG911 plan no later than December 31, 2030, and any district failing to adopt its plan by such date may not expend any monies from the NG911 CMRS Grant Fund or ECD NG911 Implementation Fund. SECTION 12. Section 19-5-301, Mississippi Code of 1972, is brought forward as follows: 19-5-301. (1) The Legislature finds and declares it to be in the public interest to reduce the time required for a citizen to request and receive emergency aid, and to raise the level of competence of local public safety and 911 telecommunicators by establishing a minimum standard of training and certification for personnel involved in the answering and dispatching of calls to law enforcement, fire and emergency medical services. The provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained will provide a significant contribution to law enforcement and other public service efforts by simplifying the notification of public service personnel. Such a simplified means of procuring emergency services will result in the saving of life, a reduction in the destruction of property, quicker apprehension of criminals and, ultimately, the saving of monies. Establishment of a uniform emergency number is a matter of concern and interest to all citizens of the state. (2) The Legislature also finds and declares it to be in the public interest to reduce the time required for a citizen to request and receive emergency aid, by requiring all owners and renters of residences, buildings and structures to obtain a 911 address from the county. SECTION 13. Section 19-5-305, Mississippi Code of 1972, is amended as follows: 19-5-305. (1) The board of supervisors of each county may create, by order duly adopted and entered on its minutes, an emergency communications district composed of all of the territory within the county. (2) The board of supervisors of each county may, in its discretion, by order duly adopted and entered on its minutes, choose to create an emergency communications district in partnership with another board of supervisors to serve each of the counties represented in the partnership. (3) The ECD shall have the authority to charge each qualified nonpublic user for costs associated with integrating and inclusion of the nonpublic user into the ECD's system. SECTION 14. Section 19-5-307, Mississippi Code of 1972, is amended as follows: 19-5-307. (1) When any district is created, the board of supervisors of the county creating such district may appoint a board of commissioners composed of seven (7) members to govern its affairs, and shall fix the domicile of the board at any point within the district. The members of the board shall be qualified electors of the district, two (2) of whom shall be appointed for terms of two (2) years, three (3) for terms of three (3) years, and two (2) for terms of four (4) years, dating from the date of the adoption of the ordinance creating the district. Thereafter, all appointments of the members shall be for terms of four (4) years. (2) The board of commissioners shall have complete and sole authority to appoint a chairman and any other officers it may deem necessary from among the membership of the board of commissioners. (3) A majority of the board of commissioners membership shall constitute a quorum and all official action of the board of commissioners shall require a quorum. (4) The board of commissioners shall have authority to employ such employees, experts and consultants as it may deem necessary to assist the board of commissioners in the discharge of its responsibilities to the extent that funds are made available. (5) In lieu of appointing a board of commissioners, the board of supervisors of the county may serve as the board of commissioners of the district, in which case it shall assume all the powers and duties of the board of commissioners as provided in Section 19-5-301 et seq. (6) From and after the adoption of the State NG911 Plan, all emergency communications districts shall purchase, lease or lease-purchase any new equipment used to comply with * * * the FCC Order, as defined in Section 19‑5‑333, requirements consistent with the State NG911 Plan from a products and equipment list maintained by the Mississippi Department of Information Technology Services; however, items not available from the list, or items which may be purchased at a lower price, shall be purchased in accordance with the Public Purchasing Law (Section 31-7-13). SECTION 15. Section 19-5-315, Mississippi Code of 1972, is amended as follows: 19-5-315. * * * (1) All provisions of Section 19‑5‑301 et seq., with the exception of Section 19‑5‑307, shall be construed to amend, repeal or supersede any local and private act under which a county or municipality has, prior to the effective date of Section 19‑5‑301 et seq., established an emergency communications district. ( * * *21) The governing authorities of any municipality which has established an emergency communications district under the provisions of a local and private act enacted prior to the effective date of Section 19-5-301 et seq., may merge such district with * * * the district established by the county in which the municipality is located another ECD, by order duly adopted and entered on the minutes of the governing authority and after the board of supervisors has duly adopted and entered on its minutes a similar order. After the * * * county ECD and the municipal districts have been merged, the local and private act for such municipality shall be of no force or effect. ( * * *32) Two (2) or more * * * counties ECDS may, by order duly adopted by each governing authority and entered on their minutes, establish a single emergency communications district to be composed of all of the territory within such * * * counties ECD provided that * * * before the establishment thereof the board of supervisors of each of such counties has established an each emergency communications district * * * for its county has been established in accordance with Section 19-5-305. When two (2) or more * * * counties ECDs have established a single * * * emergency communications district for the counties ECD as provided under this subsection, the board of commissioners of the district shall * * * consist of the members of the board of supervisors be determined by the governing authority of each * * * of such counties or seven (7) members from each county to be appointed as provided in Section 19‑5‑307 ECD. (3) A municipality may, in the form of a written agreement between the governing authorities of the municipality and the ECD it seeks to contract with, and with approval from the Mississippi Emergency Communications Authority, join another ECD. Such written agreement shall include that a fair share of funding shall be contributed by the municipality being served to the county operating the emergency communications district. Monies necessary for the fair share of funding shall be generated according to Section 3(7)(j) of this act and Section 8 of this act. (4) An emergency communications district established under this section may serve the jurisdiction of more than one (1) public agency of the county or municipality or, through mutual written agreements, more than one (1) county or municipality. (5) Changes to an ECD's area of service, whether by consolidation, modification or otherwise, through memoranda of understanding shall be provided in writing and in standard GIS data file to MEMA/MECA within ten (10) days of date of change. SECTION 16. Section 19-5-317, Mississippi Code of 1972, is amended as follows: 19-5-317. (1) When there is not an emergency, no person shall make a * * * telephone call for service to * * * an emergency telephone service a public safety answering point and knowingly or intentionally: (a) Remain silent; (b) Make abusive or harassing statements to an emergency telephone service employee; (c) Report the existence of an emergency; or (d) Falsely report a crime. (2) No person shall knowingly permit a * * * telephone communications device under his control to be used by another person in a manner described in subsection (1) of this section. (3) Conviction of a first offense under this section is punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment for a period of time not to exceed one (1) year, or by both such fine and imprisonment. Conviction of any subsequent offense under this section is punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by imprisonment for a period of time not to exceed three (3) years, or by both such fine and imprisonment. * * * (4) For the purpose of this section, "emergency telephone service" shall mean a service established under Section 19‑5‑301 et seq., Mississippi Code of 1972, or established under the provisions of a local and private act enacted prior to October 20, 1987. SECTION 17. 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 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 postdisaster 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 postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster 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 postdisaster 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) Serve as the statewide coordinator for Emergency Communications, including 911, E911, NG911 and all other related functions. SECTION 18. Section 33-15-7, Mississippi Code of 1972, is brought forward as follows: 33-15-7. (a) There is hereby created within the executive branch of the state government a department called the Mississippi Emergency Management Agency with a director of emergency management who shall be appointed by the Governor; he shall hold office during the pleasure of the Governor and shall be compensated as determined by any appropriation that may be made by the Legislature for such purposes. (b) The director, with the approval of the Governor, may employ such technical, clerical, stenographic and other personnel, to be compensated as provided in any appropriation that may be made for such purpose, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this article. (c) The director and other personnel of the emergency management agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies. (d) The director, subject to the direction and control of the Governor, shall be the executive head of the emergency management agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor. SECTION 19. Section 19-5-343, which provides for collection and remittance of E911 charge, administration of E911 charge, immunity, and exclusivity of prepaid wireless E911 charge, is hereby repealed. SECTION 20. Section 19-5-303, Mississippi Code of 1972, which provides definitions, is hereby repealed. SECTION 21. Section 19-5-311, Mississippi Code of 1972, which provides for responding to emergency calls, is hereby repealed. SECTION 22. Section 19-5-313, Mississippi Code of 1972, which provides for emergency telephone services charges, is hereby repealed. SECTION 23. Section 19-5-331, Mississippi Code of 1972, which defines certain terms as used in the provisions providing for enhanced wireless emergency telephone service, is hereby repealed. SECTION 24. Section 19-5-333, Mississippi Code of 1972, which creates the Commercial Mobile Radio Service Board and provides for its powers and duties, is hereby repealed. SECTION 25. Section 19-5-335, Mississippi Code of 1972, which provides for the collection of services charges by the Commercial Mobile Radio Service Board and requires registration of Commercial Mobile Radio Service providers, is hereby repealed. SECTION 26. Section 19-5-337, Mississippi Code of 1972, which provides for the confidentiality of proprietary information submitted to the Commercial Mobile Radio Service Board, is hereby repealed. SECTION 27. Section 19-5-339, Mississippi Code of 1972, which provides for the requirement to provide enhanced 911 service, is hereby repealed. SECTION 28. Section 19-5-341, Mississippi Code of 1972, which makes it an offense and provides criminal penalties for using wireless emergency telephone service for personal use, is hereby repealed. SECTION 29. Section 19-5-343, Mississippi Code of 1972, which provides for the collection and remittance of prepaid wireless E911 charges, is hereby repealed. SECTION 30. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025. |
|---|