House Bill 1452

AN ACT TO REQUIRE OFFICERS AND EMPLOYEES OF STATE AGENCIES TO WHOM HAVE BEEN ISSUED OR ASSIGNED CELLULAR TELEPHONES TO FILE MONTHLY REPORTS WITH THE DEPARTMENT OF AUDIT DETAILING THE USE OF SUCH TELEPHONES AND TO REIMBURSE THE STATE FOR PERSONAL CALLS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Every officer and employee of every state agency, department, institution or other instrumentality of the state to whom has been assigned, issued or made available the use of a cellular telephone, the cost of which is paid through the use of public funds, shall complete a monthly written report detailing all calls made from and received by such telephone, listing the duration and time of each call and identifying all calls that are of a personal nature not directly related to performance of the official duties and responsibilities of such officer or employee. The report shall be kept on file in the office of the executive head of the agency, department, institution or other instrumentality and a copy of the report shall be filed with the Department of Audit. The form of the report shall be prepared by the Department of Audit and made available to all state agencies, departments, institutions and other instrumentalities of the state.

(2) Any officer or employee who uses for personal calls a cellular telephone that has been assigned, issued or made available to him shall reimburse the state, not less frequently than monthly, for all personal calls made or received on that telephone. The amount of reimbursement shall be based upon the proportion that the number of minutes of personal calls as a percentage of all calls bears to the total monthly charge for service on that telephone.

(3) The Department of Audit, not less frequently than annually, shall review the records and reports required to be filed and maintained under this section to determine if a violation of this section has occurred. A violation of this section shall constitute good cause for dismissal of a violator from his office or employment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.