MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Agriculture
By: Representative Hood (By Request)
AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 37-113-20, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE TO USE CRITICALLY NEEDED WIRELESS TECHNOLOGY DEVICES WHEN APPROPRIATE FOR MEETING THE NEEDS OF THE CITIZENS OF MISSISSIPPI; TO AMEND SECTION 37-113-19, MISSISSIPPI CODE OF 1972, TO FURTHER DEFINE AND ESTABLISH THE DUTIES AND RESPONSIBILITIES OF THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE AND ITS MISSION TO MEET THE NEEDS OF THE PEOPLE OF MISSISSIPPI BY PROVIDING RESEARCH-BASED INFORMATION, EDUCATIONAL PROGRAMS, AND TECHNOLOGY TRANSFER FOCUSED ON ISSUES AND NEEDS OF THE PEOPLE OF MISSISSIPPI, ENABLING THEM TO MAKE INFORMED DECISIONS ABOUT THEIR ECONOMIC, SOCIAL, AND CULTURAL WELLBEING; TO AMEND SECTION 25-53-191, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-113-20, Mississippi Code of 1972:
37-113-20. (1) For the purposes of this section, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:
(a) "Wireless communication device" means a cellular telephone, pager, smart phone, wireless tablet computer, personal digital assistant, notebook computer, laptop computer or similar electronic device that meets all the following criteria:
(i) The device has a wireless communication capability;
(ii) The device requires an upfront or periodic charge or fee to utilize the wireless communications capability; and
(iii) The wireless communication capability that requires an upfront or periodic fee is activated.
(b) "Information Technology" means any equipment or
interconnected subsystem of equipment that is used in the creation, transmission, conversion, or duplication of data or information. The term "information technology" further includes, but is not limited to, telecommunication products, information kiosks, world wide web sites, world wide web servers, electronic
mail, electronic mail servers and systems and multimedia devices. "Information technology services," as used in this paragraph, means any services or subset of services relating to information technology.
(c) "Department" means a department, a unit,
subdivision or a center.
(2) The Mississippi State University Extension Service Director or his designee may, at his discretion, assign or otherwise make available for usage one or more wireless
communications devices to an extension service officer or employee upon the extension director or his designee signing a statement certifying the need or reason for issuing the device. No officer or employee of the extension service to whom has been assigned, issued or made available the use of a wireless communication device, the cost of which is paid through the use of public funds, shall use such device for personal use except in such cases where the personal use does not incur additional charges or fees as a result of the personal use and where such personal use is
infrequent and incidental to employment as an extension service employee or officer. A detailed billing of wireless services for devices referred to in this paragraph shall be obtained on a periodic basis and reviewed by the extension director or his designee to audit usage and verify compliance with this paragraph.
(3) The extension director may, at his discretion, require an employee or officer of the extension service to personally own or have use of a wireless communications device as a condition of employment. Under such required condition of employment, the
extension director or a county board of supervisors may pay from public funds a stipend to such employee or officer to offset the cost of the wireless service. The total monthly amount of stipend paid to the employee for this purpose cannot exceed the lesser of the actual monthly cost of the wireless service or One Hundred Dollars ($100.00) per month.
(6) To assist the extension director with advice on wireless technology devices and in carrying forth other objects, purposes, and duties set forth in Section 37-113-19(4), to all county extension departments in Mississippi and the statewide extension service, there shall be a department within the extension service, the main function of which is to provide information technology services to the extension service and county extension departments and to provide information technology education to clientele of the extension service. Any duties, responsibilities, or privileges delegated to an institution's Chief Information Officer (CIO) or to a state institution of higher learning by the Mississippi Department of Information Technology Services (MDITS) through Chapter 53, Title 25, Mississippi Code of 1972, or through any rules adopted by the MDITS thereunder shall also be delegated to the leader of the aforementioned department or to the extension director. The Mississippi Department of Technology Services, in
executing the powers, duties and responsibilities and functions granted to it in Section 25-53-5 shall take into consideration the special needs of the Mississippi State University Extension Service in carrying out its objects, purposes and duties as
defined in Section 37-113-19.
SECTION 2. Section 37-113-19, Mississippi Code of 1972, is amended as follows:
37-113-19. There shall be a statewide Mississippi cooperative extension system operated in connection with the Mississippi State University Department of Agriculture and Applied Science, which shall be led by an executive director. The service shall be commonly referred to as the Mississippi State University Extension Service. Additionally, the State of Mississippi by its Legislature assents to and accepts the provisions and requirements of an act entitled "An act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled 'An act donating public lands of the several counties and territories which may provide colleges for the benefit of agriculture and the mechanical arts,' approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture," approved by the President May 22, 1928. The board of trustees of state institutions of higher learning, on behalf of the Mississippi State University of Agriculture and Applied Science, is authorized and empowered to receive the grants of money appropriated under said act and to organize and conduct agricultural extension work, which shall be carried on in connection with the said university in accordance with the terms and conditions expressed in the said act of Congress.
(2) Whenever the terms "extension service," "agricultural Extension Service," or "Mississippi Cooperative Extension Service" is used in any law, rule, regulation, document or elsewhere, it shall be construed to mean the "Mississippi State University Extension Service" unless the context clearly indicates otherwise.
(3) Whenever the term "extension director" is used in any law, rule, regulation, document or elsewhere, it shall be construed to mean the Director of the Mississippi State University Extension Service unless the context clearly indicates otherwise.
(4) The objects, purposes, and duties of the extension service shall be to aid in diffusing among the people of Mississippi useful and practical information on subjects relating
to agriculture, forestry and natural resources, family and individual well-being, youth development, community and economic development, information technology, and other areas as needed. The director shall be selected and appointed according to rules and provisions accepted and assented to in paragraph (1) of this
section and by policies and procedures set forth by the Mississippi State University Department of Agriculture and Applied Science.
SECTION 3. Section 25-53-191, Mississippi Code of 1972, is amended as follows:
25-53-191. (1) For the purposes of this section, the following terms shall have the meanings ascribed to them in this section unless the context otherwise clearly requires:
(a) "Department" means the Mississippi Department of Information Technology.
(b) "State agency" means any agency, department, commission, board, bureau, institution or other instrumentality of the state.
(c) "Wireless communication device" means a cellular telephone, pager or a personal digital assistant device having wireless communication capability.
(2) Before a wireless communication device may be assigned, issued or made available to an agency officer or employee, the agency head, or his designee, shall sign a statement certifying the need or reason for issuing the device. No officer or employee of any state agency, except for an officer or employee of the Mississippi Emergency Management Agency, shall be assigned or issued more than one (1) such wireless communication device. No officer or employee of any state agency to whom has been assigned, issued or made available the use of a wireless communication device, the cost of which is paid through the use of public funds, shall use such device for personal use.
(3) A state agency shall not reimburse any officer or employee for use of his or her personal wireless communication device.
(4) Every state agency that, at the expense of the state agency, assigns, issues or makes available to any of its officers or employees a wireless communication device shall obtain and maintain detailed billing for every wireless communication device account. A list of approved vendors for the procurement of wireless communication devices and the delivery of wireless communication device services shall be developed for all state agencies by the Mississippi Department of Information Technology Services in conjunction with the Wireless Communication Commission created in Section 25-53-171. The department, in conjunction with the Wireless Communication Commission, shall exercise the option of selecting one (1) vendor from which to procure wireless communication devices and to provide wireless communication device services, or if it deems such to be most advantageous to the state agencies, it may select multiple vendors. The department, in conjunction with the Wireless Communication Commission, shall select a vendor or vendors on the basis of lowest and best bid proposals. A state agency may not procure a wireless communication device from any vendor or contract for wireless communication device services with any vendor unless the vendor appears on the list approved by the department, in conjunction with the Wireless Communication Commission. A contract entered into in violation of this section shall be void and unenforceable.
(5) The department shall promulgate a model acceptable use policy defining the appropriate use of all wireless communication devices. The acceptable use policy should specify that these resources, including both devices and services, are provided at the state agency's expense as tools for accomplishing the business missions of the state agency; that all those resources are for business use; and that more than incidental personal use of those resources is prohibited. The acceptable use policy should require that each official and employee issued one (1) of the above devices or authorized to access one (1) of the above services sign the policy and that the signed copy be placed in the personnel file of the official or employee. The acceptable use policy should also require that the use of these resources be tracked, verified and signed by the official or employee and the supervisor of the official or employee at each billing cycle or other appropriate interval. All state agencies shall adopt the model policy or adopt a policy that is, at minimum, as stringent as the model policy and shall provide a copy of the policy to the department.
(6) All state agencies shall purchase or acquire only the lowest cost cellular telephone, pager or personal digital assistance device which will carry out its intended use.
(7) The University of Mississippi Medical Center, the Mississippi State University Extension Service and their employees shall be exempt from the application of this section.
(8) The State Auditor shall conduct necessary audits to ensure compliance with the provisions of this section.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.