MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Utilities
By: Senator(s) Mettetal
AN ACT TO AMEND SECTION 25-53-171, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL OPERATIONAL AND MAINTENANCE COSTS FOR ALL STATEWIDE WIRELESS COMMUNICATIONS SYSTEMS IMPLEMENTED OR OPERATED BY THE WIRELESS COMMUNICATION COMMISSION TO BE SATISFIED THROUGH CERTAIN REVENUE SOURCES; TO AMEND SECTION 63-9-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SURCHARGE FOR MOTOR VEHICLE VIOLATIONS SHALL BE MANDATORY, INSTEAD OF DISCRETIONARY, AND TO REVISE THE DISPOSITION OF PROCEEDS FROM THE SURCHARGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-53-171, Mississippi Code of 1972, is amended as follows:
25-53-171. (1) There is hereby created the Wireless Communication Commission, which shall be responsible for promoting the efficient use of public resources to ensure that law enforcement personnel and essential public health and safety personnel have effective communications services available in emergency situations, and to ensure the rapid restoration of such communications services in the event of disruption caused by natural disaster, terrorist attack or other public emergency.
(2) The Wireless Communication Commission, hereafter referred to as the "commission," shall consist of the following:
(a) The Executive Director of the Department of Transportation or his designee;
(b) The Commissioner of Public Safety or his designee;
(c) The Executive Director of the Department of Public Health or his designee;
(d) The Executive Director of the Department of Information Technology Services or his designee;
(e) The Executive Director of the Mississippi Emergency Management Agency or his designee;
(f) The Executive Director of the Mississippi Office of Homeland Security or his designee;
(g) The President of the Mississippi Sheriff's Association or his designee;
(h) The President of the Mississippi Association of Supervisors or his designee;
(i) The President of the Mississippi Municipal Association or his designee;
(j) The President of the Mississippi Association of Fire Chiefs or his designee;
(k) The President of the Mississippi Association of Police Chiefs or his designee;
(l) The Chief of the Mississippi Highway Safety Patrol or his designee;
(m) The Commissioner of the Department of Corrections or his designee;
(n) The Adjutant General of the Mississippi National Guard or his designee;
(o) The Executive Director of the Mississippi Department of Environmental Quality or his designee; and
(p) A representative of the Safe City Initiative.
All members of the commission shall serve a term of not less than four (4) years.
(3) Within forty-five (45) days from April 21, 2005, the Executive Director of the Department of Information Technology Services shall call a meeting of the commission in the City of Jackson, Mississippi, and organize by electing a chairman and other officers from its membership. The commission shall adopt rules which govern the time and place for meetings and governing the manner of conducting its business. The commission shall meet at least monthly and maintain minutes of such meetings. A quorum shall consist of a majority of the membership of the commission.
(4) The commission, in conjunction with the Department of Information Technology Services, shall have the sole authority to promulgate rules and regulations governing the operations of the wireless communications system described in paragraph (a) and shall be vested with all legal authority necessary and proper to perform this function including, but not limited to:
(a) Purchasing, leasing, acquiring and otherwise implementing a statewide wireless communications system to serve wireless users in state and local governments and those private entities that enter into a partnership with the commission. All purchases shall be made in accordance with public purchasing laws and, if required, shall be approved by the Department of Information Technology Services. This system shall enable interoperability between various wireless communications technologies.
(b) Ensuring that federal/state communications requirements are followed with respect to such wireless communications systems.
(c) Providing system planning with all public safety communications systems.
(d) Assisting with establishment of state and local wireless communications.
(e) In consultation with the Department of Information Technology Services, having the authority to permit state and local agencies use of the communications system under the terms and conditions established by the commission.
(f) Providing technical support to users and bearing the overall responsibility for the design, engineering, acquisition and implementation of the statewide communications system and for ensuring the proper operation and maintenance of all equipment common to the system.
(g) Seeking proposals for services through competitive processes where required by law and selecting service providers under procedures provided for by law.
(h) Establishing, in conjunction with the Department of Information Technology Services, policies, procedures and standards which shall be incorporated into a comprehensive management plan for the operation of the statewide communications system.
(i) Having sign-off approval on all wireless communications systems within the state which are owned or operated by any state or local governmental entity, agency or department.
(j) Creating a standard user agreement.
(5) The commission, in conjunction with the Department of Information Technology Services, shall exercise its powers and duties pursuant to this section to plan, manage and administer the wireless communications system. The commission may:
(a) In consultation with the advisory board and the Department of Information Technology Services, establish policies, procedures and standards to incorporate into a comprehensive management plan for use and operation of the communications system.
(b) Enter into mutual aid agreements among federal, state and local agencies for the use of the communications system.
(c) Establish the cost of maintenance and operation of the system and charge subscribers for access and use of the system.
(d) Assess charges for use of the system.
(e) Obtain space through rent or lease of space on any tower under state control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the owner/agent for each site when it is determined to be practicable and feasible to make space available.
(f) Provide space through rent or lease of space on any tower under the commission's control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the commission when it is determined to be practicable and feasible to make space available.
(g) Refuse to lease space on any tower at any site. All monies collected by the commission for such rents, leases or subleases shall be deposited directly into a special fund hereby created and known as the "Integrated Public Safety Communications Fund." This fund shall be administered by the Department of Information Technology Services and may be used by the commission to construct, maintain and operate the system.
(h) Rent, lease or sublease ground space on lands acquired by the commission for the construction of privately owned or publicly owned towers. The commission, as part of such rental, lease or sublease agreement, may require space on such towers for antennae as may be necessary for the construction and operation of the wireless communications system.
(i) Enter into and perform use and occupancy agreements concerning the system.
(j) Exercise any power necessary to carry out the intent of this law.
(6) The Department of Transportation, the Department of Public Safety and other commission members may provide to the commission, on a full-time or part-time basis, personnel and technical support necessary and sufficient to effectively and efficiently carry out the requirements of this section.
(7) (a) Expenditures from the Integrated Public Safety Communications Fund shall be administered by the Department of Information Technology Services with expenditures approved jointly by the commission and the Department of Information Technology Services.
(b) The Integrated Public Safety Communications Fund may consist of the following:
(i) Appropriations from the Legislature;
(ii) Gifts;
(iii) Federal grants;
(iv) Fees and contributions from user agencies that the commission considers necessary to maintain and operate the system; and
(v) Monies from any other source permitted by law.
(c) On or before January 1, 2012, all operational and maintenance costs for all statewide wireless communications systems implemented or operated by the commission shall be satisfied by the surcharge for motor vehicle violations as provided in Section 63-9-31 and grants, federal funds and fees generated from use of the system, including, but not limited to, leases for use of the system bandwidth and components. The commission is authorized to adopt regulations pursuant to the Mississippi Administrative Procedures Law and in accordance with public purchasing laws to implement this subsection consistent with applicable federal law governing the use of the wireless communications system.
(d) Any monies remaining in the Integrated Public Safety Communications Fund at the end of the fiscal year shall not revert to the State General Fund, but shall remain in the Integrated Public Safety Communications Fund.
(8) Members of the commission shall not receive any compensation or per diem, but may receive travel reimbursement provided for under Section 25-3-41.
(9) There is hereby created the Wireless Communication Advisory Board for the purpose of advising the Mississippi Wireless Communication Commission in performance of its duties. The advisory board shall be composed of the following:
(a) The Chairman and Vice Chairman of the Senate Public Utilities Committee or their designees;
(b) The Chairman and Vice Chairman of the House of Representatives Public Utilities Committee or their designees;
(c) The Chairman of the Senate Appropriations Committee or his designee;
(d) The Chairman of the House of Representatives Appropriations Committee or his designee;
(e) The Chairman of the Senate Finance Committee or his designee; and
(f) The Chairman of the House of Representatives Ways and Means Committee or his designee.
Members of the advisory board shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session.
(10) It is the intent of the Legislature that all state and local government entities make available for purposes of this section all publicly owned wireless communications infrastructure, including, but not limited to, communications towers, transmission equipment, transmission frequencies and other related properties and facilities.
(11) Nothing in this section shall be construed or interpreted to provide for the regulation or oversight of commercial mobile radio services.
(12) Nothing in this section shall be construed to supercede the authority of the Department of Information Technology Services provided in Section 25-53-1 et seq.
SECTION 2. Section 63-9-31, Mississippi Code of 1972, is amended as follows:
63-9-31. (1) In addition to any other monetary penalties and other penalties imposed by law, any county, municipality or the Pearl River Valley Water Supply District Patrol * * * shall assess an additional surcharge in an amount not to exceed Ten Dollars ($10.00) on each person upon whom a court imposes a fine or other penalty for each violation of Title 63, Mississippi Code of 1972, except offenses relating to vehicular parking or registration. On all citations issued by Mississippi Highway Safety Patrol officers, a surcharge in the amount of Ten Dollars ($10.00) shall be collected by the court and deposited as provided in subsection (2) of this section. The proceeds from the surcharge on citations issued by county and municipal law enforcement officers or the Pearl River Valley Water Supply District Patrol shall be transferred to the Integrated Public Safety Communications Fund created in Section 25-53-171 and used for the maintenance and operation of the statewide wireless communications system as provided in that section. All proceeds from the surcharge imposed by this subsection shall be deposited into a special fund in the Department of Public Safety's Office of Public Safety Planning. The Office of Public Safety Planning shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund, * * * one percent (1%) to be retained by the Office of Public Safety Planning to defray the costs of administering the special fund. Interest earned on the special fund shall remain in the fund and shall be used by the Office of Public Safety Planning to further defray the costs of administering the special fund.
(2) Deposits into the special fund resulting from citations issued by the Mississippi Highway Safety Patrol shall be utilized as follows: Fifty percent (50%) of the deposits into the special fund shall be used to automate the citations issued by Mississippi Highway Safety Patrol officers (including the transmittal of citations to the justice court, retrieval of the disposition from the justice court, and updating the driver's records) and fifty percent (50%) of the deposits into the special fund shall be transferred to the Integrated Public Safety Communications Fund created in Section 25-53-171 and used for the maintenance and operation of the statewide wireless communications system as provided in that section.
(3) Approval of a wireless radio communications program must be given by the applicable governing authorities when:
(a) The program includes the sharing of support facilities including, but not limited to, towers, shelters and microwave by participating entities; or
(b) The program includes the establishment of a mutual aid system using common radio frequency channels between participating entities; or
(c) The program sets forth a feasible methodology that utilizes the radio frequency spectrum in an efficient manner.
(4) Participating counties, municipalities, the Pearl River Valley Water Supply District Patrol and the Mississippi Highway Safety Patrol must provide notification of facilities available for interoperability to the Mississippi Department of Information Technology Services annually.
(5) Counties and municipalities and the Pearl River Valley Water Supply District Patrol * * * are encouraged to utilize the statewide wireless communications system as provided in Section 25-53-171(4).
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.