MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Health and Human Services

By: Representative Gibbs, Bondurant, Clarke, Fredericks, Hamilton (109th), Huddleston, Middleton, Thomas, West, Myers

House Bill 826

AN ACT TO PROVIDE FOR THE CREATION AND OPERATION OF A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM BY THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT ALL STATE AGENCIES AND LOCAL GOVERNMENTS MUST UTILIZE BUILDING MAPPING SOFTWARE THAT COMPLIES WITH THE BUILDING MAPPING SOFTWARE STANDARDS ESTABLISHED BY THE DEPARTMENT FOR ANY BUILDING MAPPED AFTER THE SYSTEM IS OPERATIONAL; TO PROVIDE THAT ALL STATE AND LOCAL GOVERNMENT-OWNED BUILDINGS THAT ARE OCCUPIED BY STATE OR LOCAL GOVERNMENT EMPLOYEES MUST BE MAPPED; TO PROVIDE THAT ONCE THE SYSTEM IS OPERATIONAL, ALL STATE AND LOCAL GOVERNMENT BUILDINGS THAT ARE MAPPED MUST FORWARD THEIR BUILDING MAPPING INFORMATION DATA TO THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT SHALL MAKE THE BUILDING MAPPING INFORMATION AVAILABLE ELECTRONICALLY TO ALL STATE, LOCAL AND FEDERAL LAW ENFORCEMENT AGENCIES, THE MISSISSIPPI MILITARY DEPARTMENT, AND FIRE DEPARTMENTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The Legislature recognizes the extreme dangers present when the safety of our citizens requires first responders, such as law enforcement officers and fire fighters, to evacuate and secure a building.  In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the Legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes.  The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes.

     SECTION 2.  (1)  As used in this act, the term "department" means the Department of Public Safety.

     (2)  The department shall create and operate a statewide first responder building mapping information system.  In creating the system, the department shall consult with the Mississippi Association of Supervisors, the Mississippi Municipal League, the Mississippi Sheriffs' Association, the Mississippi Law Enforcement Officers' Association, the Mississippi Association of Chiefs of Police, the Mississippi Fire Chief's Association, the Mississippi Justice Information Center, the Mississippi Emergency Management Agency, the Emergency Medical Services Division of the State Department of Health and the Mississippians for Emergency Medical Service Association.

     (3)  All state agencies and local governments must utilize building mapping software that complies with the building mapping software standards established under Section 3 of this act for any building mapped for this purpose after the statewide first responder building mapping information system is operational.

     (4)  All state and local government-owned buildings that are occupied by state or local government employees must be mapped.

     (5)  Once the statewide first responder building mapping information system is operational, all state and local government buildings that are mapped must forward their building mapping information data to the department.  All participating privately owned and federally owned buildings may voluntarily forward their mapping and emergency information data to the department.  The department may refuse any building mapping information that does not comply with the specifications described in Section 3 of this act.

     (6)  Consistent with the guidelines developed under Section 3 of this act, the department shall make the building mapping information available electronically to all state, local and federal law enforcement agencies, the Mississippi Military Department, and fire departments.

     (7)  Consistent with the guidelines developed under Section 3 of this act, the department shall develop building mapping software standards that must be used to participate in the statewide first responder building mapping information system.

     (8)  The department shall seek to obtain federal funds to:

          (a)  Create the statewide first responder building mapping information system; and

          (b)  Develop grants for the mapping of all state and local government buildings in the order determined under Section 3 of this act.

     (9)  All tactical and intelligence information provided to the department under this act shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

      SECTION 3.  (1)  The department, in consultation with the Mississippi Association of Supervisors, the Mississippi Municipal League, the Mississippi Sheriffs' Association, the Mississippi Law Enforcement Officers' Association, the Mississippi Association of Chiefs of Police, the Mississippi Fire Chief's Association, the Mississippi Justice Information Center, the Mississippi Emergency Management Agency, the Emergency Medical Services Division of the State Department of Health and the Mississippians for Emergency Medical Service Association, shall convene a committee to establish guidelines related to the statewide first responder building mapping information system.  The committee shall have the following responsibilities:

          (a)  Develop the type of information to be included in the statewide first responder building mapping information system.  The information shall include, but is not limited to:  Floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information;

          (b)  Develop building mapping software standards that must be utilized by all entities participating in the statewide first responder building mapping information system;

          (c)  Develop guidelines on how the information will be made available.  These guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns the building or is responding to an incident at the building.

     (2)  Nothing in this section supersedes the authority of state agencies and local governments to control and maintain access to information within their independent systems.

     SECTION 4.  Units of local government and their employees are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2004.