MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Brown, Flowers

Senate Bill 2975

(As Passed the Senate)

AN ACT TO AMEND SECTION 25-53-151, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE ELECTRONIC GOVERNMENT OVERSIGHT COMMITTEE; TO AMEND SECTION 25-53-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EACH MEMBER OF THE INFORMATION TECHNOLOGY SERVICES BOARD MAY CONTINUE TO SERVE FOR A CERTAIN PERIOD OF TIME AFTER THE EXPIRATION OF HIS TERM IF HIS SUCCESSOR IS NOT DULY APPOINTED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-53-151, Mississippi Code of 1972, is amended as follows:

     25-53-151.  (1)  There is established in the State Treasury the "Electronic Government Services Fund," into which shall be deposited specific funds appropriated by the Legislature for developing and providing electronic government services within the State of Mississippi.  Any funds in the Electronic Government Services Fund at the end of a fiscal year shall not lapse into the State General Fund, but shall be available for expenditure in the subsequent fiscal year.  The funds in the Electronic Government Fund shall be available for expenditure pursuant to specific appropriation by the Legislature beginning in fiscal year 2002, to the Mississippi Department of Information Technology Services * * *.

     (2)  There is hereby established an Electronic Government Oversight Committee to oversee the implementation of E-Government and related technology initiatives.  Duties of this committee would include:  (a) prioritize and make recommendations for all electronic government services, in order to cut across state and local governmental organizational structures; (b) address policy issues such as privacy, security, transaction fees and accessibility; (c) review ongoing fiscal and operational management and support of portal; (d) provide a mechanism for gathering input from citizens, businesses and government entities; (e) encourage self-service models for citizens through state websites and other electronic services; and (f) promote economic development and efficient delivery of government services by encouraging governmental and private sector entities to conduct their business and transactions using electronic media.  The Electronic Government Oversight Committee shall be composed of the following:  (a) the Executive Director of the Mississippi Department of Information Technology Services, or his designee;

(b) the State Auditor, or his designee * * *; (c) the State Treasurer, or his designee; (d) the Secretary of State, or his designee; (e) the Executive Director of the Department of Finance and Administration, or his designee; and (f) the Commissioner of Public Safety, or his designee * * *The committee shall annually elect one (1) member to serve as chairman and one (1) member to serve as vice chairman, who shall act as chairman in the absence of the chairman.  The committee shall annually elect one (1) member to serve as vice chairman of the committee, who shall act as chairman in the absence of the chairman.  The committee shall meet monthly or upon the call of the chairman, and shall make necessary reports and recommendations to the Legislature and the appropriate agencies of state government.  All agencies of state government shall cooperate with the committee in providing requested information, * * * shall work closely with and provide information to the committee and shall report to the committee at its request.  The Mississippi Department of Information Technology Services shall provide administrative support for the committee.  Nonlegislative members of the committee shall serve without compensation.

     SECTION 2.  Section 25-53-7, Mississippi Code of 1972, is amended as follows:

     25-53-7.  (1)  The membership of the authority shall be composed of five (5) members to be appointed by the Governor with the advice and consent of the Senate.  The initial terms of the members shall be for one (1), two (2), three (3), four (4) and five (5) years, respectively, and thereafter all terms shall be for five (5) years.  Each member may continue to serve for a period not to exceed twelve (12) months after the expiration of his term if his successor is not duly appointed.  The initial appointments to the reconstituted authority shall be made no later than June 30, 1984, for terms to begin on July 1, 1984.  Vacancies shall be filled in the same manner as original appointments for the unexpired portion of the term vacated.  Each member of the authority shall have a minimum of four (4) years' experience in an information technology-related executive position or prior service as a member of the authority.

     (2)  Each member of the authority shall be required to furnish a surety bond in the minimum amount of Fifty Thousand Dollars ($50,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi, before entering upon his duties.  The premiums on such bonds shall be paid from any funds available to the authority for such purpose.

     (3)  No member of the authority, nor its executive director, shall, during his term as such member or director, have any substantial beneficial interest in any corporation or other organization engaged in the information technology business either as manufacturer, supplier, lessor, or otherwise.  All members and the executive director shall fully disclose in writing any such beneficial interest, and such disclosure shall be entered on the minutes of the authority.

     (4)  The Lieutenant Governor may designate one (1) Senator and the Speaker of the House of Representatives may designate one (1) Representative to attend any meeting of the authority.  The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend such meetings of the authority.  Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the authority.  For attending meetings of the authority, such legislators 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 authority will be paid while the Legislature is in session.  No per diem and expenses will be paid except for attending meetings of the authority without prior approval of the proper committee in their respective houses.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2011.