MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Government Structure; Appropriations
By: Senator(s) Harkins
AN ACT ESTABLISHING THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT IN ORDER TO HOUSE EMERGENCY MANAGEMENT SUB-AGENCIES, UNITS, AND/OR OFFICES WITHIN STATE GOVERNMENT; TO ASSIGN AUTHORITIES TO THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO ESTABLISH THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY AS AN OFFICE OF THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO TRANSFER THE MISSISSIPPI EMERGENCY COMMUNICATIONS AUTHORITY FROM UNDER THE PURVIEW OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY TO AN OFFICE UNDER THE PURVIEW OF THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO ESTABLISH AN OFFICE OF ADMINISTRATIVE SERVICES WITHIN THE MISSISSIPPI DEPARTMENT OF EMERGENCY MANAGEMENT; TO AMEND SECTIONS 33-15-2, 33-15-5, 33-15-7, 33-15-11, 33-15-14, 33-15-15, 33-15-19, 33-15-25, 33-15-31, 33-15-51, 33-15-53, 33-15-305, 33-15-307, 33-15-308, 33-15-309, 33-15-311, 33-15-313, 33-15-317, 33-15-401, 33-15-403, 19-5-383, 19-5-385, 19-5-387 AND 19-5-393, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 33-15-4, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-15-2, Mississippi Code of 1972, is amended as follows:
33-15-2. (1) The Legislature finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological and man-made disasters, all of which threaten the life, health and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The Legislature further finds that this vulnerability is exacerbated by the growth in the state's number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities.
(2) It is the intent of the Legislature to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation and shelter of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the coordination of activities relating to emergency preparedness, response, recovery and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations and with the private sector.
(3) It is further the intent of the Legislature to promote the state's emergency preparedness, response, recovery and mitigation capabilities through enhanced coordination, long-term planning and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated and timely support to communities and the public. Therefore, the Legislature determines and declares that the provisions of this article fulfill an important state interest.
(4) It is also the intent of the Legislature to meet the purpose of this article by consolidating emergency management functions throughout state government in a department within the executive branch.
SECTION 2. The following shall be codified as Section 33-15-4, Mississippi Code of 1972:
33-15-4. (1) There is hereby created within the executive branch of the state government a department called the Mississippi Department of Emergency Management that shall house all sub-agencies and/or offices with primary missions within the areas of emergency management.
(2) The department shall be led by an Executive Director of Emergency Management who shall be appointed by the Governor; he shall hold office during the pleasure of the Governor and shall be compensated as determined by any appropriation that may be made by the Legislature for such purposes.
(3) The director, with the approval of the Governor, may employ such technical, clerical, stenographic and other personnel, to be compensated as provided in any appropriation that may be made for such purpose, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this article.
(4) The director and other personnel of the Emergency Management Department shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.
(5) The director, subject to the direction and control of the Governor, shall be the executive head of the Department of Emergency Management and shall be responsible to the Governor for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaisons with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.
(6) Notwithstanding any provision of law to the contrary, the director shall appoint heads of offices and/or sub-agencies, who shall serve at the pleasure of the director. The director shall have the authority to organize the offices, units, and/or sub-agencies within the department as deemed appropriate to carry out the responsibilities of the department. The director may assign to the appropriate offices, units, and/or sub-agencies such powers and duties as deemed appropriate to carry out the department's lawful functions. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(7) The director shall establish the organizational structure of the Department of Emergency Management which shall include the creation of any sub-agencies, units, and/or offices necessary to implement the duties assigned to the department and consistent with specific requirements of law.
(8) The director may also delegate his authorities under this article as deemed necessary and appropriate to carry out the department's lawful functions.
(9) The department shall have the following duties and responsibilities, including, but not limited to:
(a) In accordance with Section 33-15-15, create, implement, administer, promulgate, amend, and rescind rules regarding the development of the Mississippi Disaster Reservist Program.
(b) Administer, as necessary, eligible legacy CMRS reimbursements of infrastructure costs using funds appropriated by the Legislature for such purposes which are deposited into the State NG911 Fund. Such reimbursements shall be for compliance with legacy emergency communications services and processed through the Office of Administrative Services.
SECTION 3. Section 33-15-5, Mississippi Code of 1972, is amended as follows:
33-15-5. The following words, whenever used in this article shall, unless a different meaning clearly appears from the context, have the following meanings:
(a) " * * *MEMA" means the Mississippi
Emergency Management Agency, created by Section 33-15-7.
(b)
"Director" means the Executive Director of the Department
of Emergency Management, appointed pursuant to Section * * * 33-15-4.
(c) "Department" means the Mississippi Department of Emergency Management.
(d) "Deputy" means the official heads of each sub-agency, unit or office as appointed by the director.
( * * *e) "Emergency management"
means the preparation for, the mitigation of, the response to, and the recovery
from emergencies and disasters. Specific emergency management responsibilities
include, but are not limited to:
(i) Reduction of vulnerability of people and communities of this state to damage, injury and loss of life and property resulting from natural, technological or man-made emergencies or hostile military paramilitary action.
(ii) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.
(iii) Response to emergencies using all systems, plans and resources necessary to preserve adequately the health, safety and welfare of persons or property affected by the emergency.
(iv) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.
(v) Provision of an emergency management system embodying all aspects of preemergency preparedness and postemergency response, recovery and mitigation.
(vi) Assistance in anticipation, recognition, appraisal, prevention and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of public and private facilities and land use.
( * * *f) "Civil defense," whenever
it appears in the laws of the State of Mississippi, shall mean "emergency
management" unless the context clearly indicates otherwise.
( * * *g) "State of war emergency"
means the condition which exists immediately, with or without a proclamation
thereof by the Governor, whenever this state or nation is attacked by an enemy
of the United States or upon receipt by the state of a warning from the federal
government indicating that such an attack is probable or imminent.
( * * *h) "State of emergency"
means the duly proclaimed existence of conditions of disaster or extreme peril
to the safety of persons or property within the state caused by air or water
pollution, fire, flood, storm, epidemic, earthquake, hurricane, resource
shortages, or other natural or man-made conditions other than conditions
causing a "state of war emergency," which conditions by reasons of
their magnitude are or are likely to be beyond the control of the services,
personnel, equipment and facilities of any single county and/or municipality
and requires combined forces of the state to combat.
( * * *i) "Local emergency" means
the duly proclaimed existence of conditions of disaster or extreme peril to the
safety of persons and property within the territorial limits of a county and/or
municipality caused by such conditions as air or water pollution, fire, flood,
storm, epidemic, earthquake, hurricane, resource shortages or other natural or
man-made conditions, which conditions are or are likely to be beyond the
control of the services, personnel, equipment and facilities of the political
subdivision and require the combined forces of other subdivisions or of the
state to combat.
( * * *j) "Emergency" means any
occurrence, or threat thereof, whether natural, technological, or man-made, in
war or in peace, which results or may result in substantial injury or harm to
the population or substantial damage to or loss of property.
( * * *k) "Man-made emergency"
means an emergency caused by an action against persons or society, including,
but not limited to, emergency attack, sabotage, terrorism, civil unrest or
other action impairing the orderly administration of government.
( * * *l) "Natural emergency" means
an emergency caused by a natural event, including, but not limited to, a
hurricane, a storm, a flood, severe wave action, a drought or an earthquake.
( * * *m) "Technological emergency"
means an emergency caused by a technological failure or accident, including,
but not limited to, an explosion, transportation accident, radiological
accident, or chemical or other hazardous material incident.
( * * *n) "Local emergency management
agency" means an organization created to discharge the emergency
management responsibilities and functions of a political subdivision.
( * * *o) "Disaster" means any
natural, technological or civil emergency as defined in this section that
causes damage of sufficient severity and magnitude to result in a declaration
of an emergency by a county or municipality, the Governor or the President of
the United States. Disasters shall be identified by the severity of resulting
damage, as follows:
(i) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement.
(ii) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.
(iii) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.
( * * *p) "Disaster Reservist"
means any person hired on a temporary basis pursuant to State Personnel Board
policies and procedures regulating personal service contracts, that is hired to
perform specific tasks related to a Governor's State of Emergency, or by an
emergency or disaster declaration of the President of the United States, by the
agency, and is assigned to perform such duties as may be required under the
direction of the appropriate * * * supervisor.
( * * *q) "Emergency impact area"
means the area of the state in which market conditions exist due to a state of
emergency creating a likelihood that prices ordinarily charged for goods and
services could be raised unfairly due to the underlying emergency.
( * * *r) "Political subdivision"
means a local government created by the State of Mississippi to assist in
fulfilling the state's obligations. The term "political subdivision"
includes levee districts.
SECTION 4. Section 33-15-7, Mississippi Code of 1972, is amended as follows:
33-15-7. (a) There is hereby
created within the * * * Mississippi
Department of Emergency Management the Office of the Mississippi
Emergency Management Agency with a deputy director * * * who shall be appointed
by the * * *
Director of the Department of Emergency Management established in Section 33-15-4;
he or she shall hold office during the pleasure of the * * * director.
(b) * * * The deputy director shall execute all duties assigned
by the director to ensure the success and lawful functions of MEMA. With the
oversight and approval of the director, the deputy director shall ensure all of
the authorities provided to MEMA are performed in accordance with this article.
* * *
SECTION 5. Section 33-15-11, Mississippi Code of 1972, is amended as follows:
33-15-11. (a) The Governor
shall have general direction and control of the activities of the * * * Department
of Emergency Management and shall be responsible for the carrying out of
the provisions of this article, and in the event of a man-made, technological
or natural disaster or emergency beyond local control, may assume direct
operational control over all or any part of the emergency management functions
within this state.
(b) In performing his duties under this article, the Governor is further authorized and empowered:
(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this article with due consideration of the plans of the federal government, and to enter into disaster assistance grants and agreements with the federal government under the terms as may be required by federal law.
(2) To work with the
Mississippi * * * Department of Emergency Management in
preparing a comprehensive plan and program for the emergency management of this
state, such plan and program to be integrated into and coordinated with the
emergency management plans of the federal government and of other states to the
fullest possible extent, and to coordinate the preparation of plans and
programs for emergency management by the political subdivisions of this state,
such local plans to be integrated into and coordinated with the emergency
management plan and program of this state to the fullest possible extent.
(3) In accordance with such plan and program for emergency management of this state, to ascertain the requirements of the state or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack or natural or man-made or technological disasters and to plan for and procure supplies, medicines, materials and equipment, and to use and employ from time to time any of the property, services and resources within the state, for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
(4) To cooperate with the President and the heads of the Armed Forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of (a) blackouts and practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack, (f) public meetings or gatherings under emergency conditions, and (g) the evacuation and reception of the civilian population.
(5) To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.
(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or natural, man-made or technological disaster.
(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.
(8) To establish agencies and offices and to appoint executive, technical, clerical and other personnel as may be necessary to carry out the provisions of this article including, with due consideration to the recommendation of the local authorities, part-time or full-time state and regional area directors.
(9) To delegate any authority vested in him under this article, and to provide for the subdelegation of any such authority.
(10) On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishings or exchange of food, clothing, medicine and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; firefighting, rescue, transportation and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units, firefighting and police units and health units; and on such terms and conditions as are deemed necessary.
(11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to above.
(12) To collect information and data for assessment of vulnerabilities and capabilities within the borders of Mississippi as it pertains to the nation and state's security and homeland defense. This information shall be exempt from the Mississippi Public Records Act, Section 25-61-1 et seq.
(13) Authorize any agency or arm of the state to create a special emergency management revolving fund, accept donations, contributions, fees, grants, including federal funds, as may be necessary for such agency or arm of the state to administer its functions of this article as set forth in the Executive Order of the Governor.
(14) To authorize the Commissioner of Public Safety to select, train, organize and equip a ready reserve of auxiliary highway patrolmen.
(15) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.
(16) To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price-fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services.
(17) To proclaim a state of emergency in an area affected or likely to be affected thereby when he finds that the conditions described in Section 33-15-5(g) exist, or when he is requested to do so by the mayor of a municipality or by the president of the board of supervisors of a county, or when he finds that a local authority is unable to cope with the emergency. Such proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon thereafter as possible, such proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor, upon advice of the director, shall review the need for continuing the state of emergency at least every thirty (30) days until the emergency is terminated and shall proclaim a reduction of area or the termination of the state of emergency at the earliest possible date that conditions warrant.
(18) To declare an emergency impact area when he finds that the conditions described in Section 33-15-5(o) exist. The proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon as possible, the proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor shall review the need for continuing the declaration of emergency impact area at least every thirty (30) days until the emergency is terminated, and shall proclaim the reduction of the emergency impact area or termination of the declaration of emergency impact area at the earliest date or dates possible.
(c) In addition to the powers conferred upon the Governor in this section, the Legislature hereby expressly delegates to the Governor the following powers and duties in the event of an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster where such disaster is beyond local control:
(1) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emergency.
(2) To transfer the direction, personnel or functions of state agencies, boards, commissions or units thereof for the purpose of performing or facilitating disaster or emergency services.
(3) To commandeer or utilize any private property if necessary to cope with a disaster or emergency, provided that such private property so commandeered or utilized shall be paid for under terms and conditions agreed upon by the participating parties. The owner of said property shall immediately be given a receipt for the said private property and said receipt shall serve as a valid claim against the Treasury of the State of Mississippi for the agreed upon market value of said property.
(4) To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population in coping with a disaster or emergency.
(d) This section does not authorize the Governor or a designee of the Governor to act in contravention of Section 33-7-303.
SECTION 6. Section 33-15-14, Mississippi Code of 1972, is amended as follows:
33-15-14. (1) * * * MEMA is responsible for
maintaining a comprehensive statewide program of emergency management. The
agency is responsible for coordination with efforts of the federal government
with other departments and agencies of state government, with county and
municipal governments and school boards and with private agencies that have a
role in emergency management.
(2) In performing its
duties under this article, * * * MEMA shall:
(a) Work with the
Governor, or his representative, in preparing a State Comprehensive Emergency
Management Plan of this state, which shall be integrated into and coordinated
with the emergency management plans of the federal government and of other
states to the fullest possible extent, and to coordinate the preparation of
plans and programs for emergency management by the political subdivisions of
the state, such local plans to be integrated into and coordinated with the
emergency plan and program of this state. The plan must contain provisions to
ensure that the state is prepared for emergencies and minor, major and catastrophic
disasters, and * * * MEMA shall work closely with local governments and
agencies and organizations with emergency management responsibilities in
preparing and maintaining the plan. The State Comprehensive Emergency
Management Plan will be operations oriented and:
(i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations.
(ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs.
(iii) Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.
(iv) Include
additional provisions addressing aspects of preparedness, response and
recovery, as determined necessary by * * * MEMA.
(v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor.
(vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.
(vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government.
(viii) 1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.
2. * * * MEMA shall prepare an
interim postdisaster response and recovery component that substantially
complies with the provisions of this paragraph (a). Each state agency assigned
lead responsibility for an emergency support function by the State Comprehensive
Emergency Management Plan shall also prepare a detailed operational plan needed
to implement its responsibilities. The complete State Comprehensive Emergency
Management Plan shall be submitted to the Governor no later than January 1,
1996, and on January 1 of every even-numbered year thereafter.
(b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.
(c) Assist political subdivisions in preparing and maintaining emergency management plans.
(d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section.
(e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact.
(f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article.
(g) Anticipate trends and promote innovations that will enhance the emergency management system.
(h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs.
(i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions.
(j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program.
(k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters.
(l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article.
(m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program.
(n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority.
(o) Require each
county or municipality to designate an agent for working with * * * MEMA in the event of a
natural disaster. The county or municipality may designate any person as agent
who has completed training programs required of emergency management directors.
(p) Provide a report biennially to the director to present to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions.
(q) In accordance with Section 25-43-1 et seq., create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government.
(r) Have the * * * power and discretion, upon the
approval of the director and through the department's Office of Administrative
Services, to enter into, sign, execute and deliver long-term or multiyear
leases of real and personal property with other state and federal agencies.
(s) Do other things necessary, incidental or appropriate for the implementation of this article.
* * *
( * * *t) Unless otherwise instructed by the
Governor, sponsor and develop mutual aid plans and agreements between the
political subdivisions of the state and the Mississippi Band of Choctaw Indians
similar to the mutual aid arrangements with other states referenced in Section
33-15-11(b)(10).
( * * *u) Serve as the statewide coordinator
for Emergency Communications, including 911, E911, NG911 and all other related
functions.
* * *
SECTION 7. Section 33-15-15, Mississippi Code of 1972, is amended as follows:
33-15-15. (a) The * * * department is authorized to
provide, within or without the state, such support from available personnel,
equipment and other resources of state agencies and the political subdivisions
of the state as may be necessary to reinforce emergency management agencies in
areas stricken by emergency. Such support shall be rendered with due
consideration of the plans of the federal government, this state, the other
states and of the criticalness of the existing situation. Emergency management
support forces shall be called to duty upon orders of the * * * department and shall perform
their functions in any part of the state, or, upon the conditions specified in
this section, in other states.
(b) Personnel of emergency management support forces while on duty, whether within or without the state, shall:
(1) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment;
(2) If they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment; and
(3) If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at a rate commensurate with their duties and responsibilities and to the same rights and immunities as are provided by law for the employees of this state.
All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses, and for death, disability or injury to such personnel while on such emergency duty as a member of an emergency management support force, the state shall pay compensation to the heirs in event of death or the individual in event of injury or disability in accordance with payment schedules contained in the Mississippi Workers' Compensation Law.
(c) The state shall reimburse a political subdivision for the actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of an emergency management support force, and for all payments for death, disability or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such emergency management support force. The state may also reimburse a political subdivision for employees' overtime while deployed as members of an emergency management support force and backfill of deployed forces when determined by the director to be necessary to avoid serious financial consequences for the political subdivision providing support and when requested by the chief elected official of the political subdivision stating the circumstances for the request.
(d) Whenever an emergency management support force of another state shall render aid in this state pursuant to the orders of the governor of its home state and upon the request of the Governor of this state, the personnel thereof shall have the powers, duties, rights, privileges and immunities of emergency management personnel serving in similar capacities in this state, except compensation, and this state shall reimburse such other state for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of the personnel of such emergency management support force while rendering such aid, and for all payments for death, disability or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid; provided that the laws of such other state contain provisions substantially similar to this section.
(e) No personnel of emergency management support forces of this state shall be ordered by the Governor to operate in any other state unless the laws of such other state contain provisions substantially similar to this section.
SECTION 8. Section 33-15-19, Mississippi Code of 1972, is amended as follows:
33-15-19. (a) The
governing body of a municipality or county of the state is authorized to
participate in the Statewide Mutual Aid Compact (SMAC) established by * * * MEMA as a mechanism to
standardize mutual aid arrangements between jurisdictions within the state. * * * MEMA is authorized to
present the SMAC to the Mississippi Band of Choctaw Indians' Tribal Council for
its consideration and approval. SMAC provides guidelines for requesting and
receiving mutual aid, liability protection and reimbursement procedures for
providing such aid. The governing body of each political subdivision of the
state is strongly encouraged to sign and ratify the SMAC for mutual aid between
their jurisdiction and other cities or counties within the state as well as the
Mississippi Band of the Choctaw Indians. A copy of this agreement must be
signed by the senior elected official of the jurisdiction and the director and
will be maintained on file by * * * MEMA.
(b) Political subdivisions
of the state, including their fire service agencies, are also authorized to
develop and enter into mutual aid agreements with other jurisdictions outside
the state for reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted. This shall also include emergencies
outside the state in which it is geographically reasonable for a political
subdivision of this state, or its fire service, to respond. Copies of the
agreements shall be sent to * * * MEMA and shall be consistent
with the State Comprehensive Emergency Management Plan and program, and in time
of emergency it shall be the duty of each local emergency management
organization to render assistance in accordance with the provisions of such
mutual aid agreements.
(c) The Governor may enter into compacts with any state or group of states if he finds that joint action with that state or group of states is desirable in meeting common intergovernmental problems of emergency management planning or emergency prevention, mitigation, response and recovery.
(1) Political subdivisions of the state, including their fire service agencies, shall not be liable for the death of or any injury to persons, or damage to property and all other protections provided in Section 33-15-21(a), as a result of mutual aid agreements entered into pursuant to this section.
(2) Employees of a political subdivision of this state shall have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment and all other benefits provided by Section 33-15-15.
SECTION 9. Section 33-15-25, Mississippi Code of 1972, is amended as follows:
33-15-25. (a) The Governor of the State of Mississippi is authorized to enter into agreements with the federal government for the purpose of matching any federal funds that may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, to the state on a matching basis. Provided, that no agreement shall obligate the state for an amount greater than the appropriation available for such purpose. The state's portion of the purchase price of any emergency management equipment may be made available from any appropriation made for such purposes.
(b) Any county board of supervisors or municipal governing body may enter into agreement with the federal government with approval of the State Director of Emergency Management for matching funds which may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, by such county or municipality in conjunction with any federal matching program and funds may be expended from the general fund of such county or municipality or from such other funds as may be available to such county or municipality for emergency management purposes in order to provide the county or municipal portion of funds necessary to carry out such matching agreement.
(c) * * * MEMA, through the department's
Office of Administrative Services, may withhold from any county board of
supervisors, municipality or not-for-profit entity a portion or all of a subgrant
whenever the agency determines that the county, municipality or not-for-profit
entity owes a refund on any past subgrant project that was not completed as
required.
SECTION 10. Section 33-15-31, Mississippi Code of 1972, is amended as follows:
33-15-31. (a) The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.
(b) All orders, rules,
and regulations promulgated by the Governor, the Mississippi * * * Department of
Emergency Management, MEMA, or by any political subdivision or other agency
authorized by this article to make orders, rules and regulations, shall have
the full force and effect of law, when, in the event of issuance by the
Governor, or any state agency, a copy thereof is filed in the office of the
Secretary of State, or, if promulgated by a political subdivision of the state or
agency thereof, when filed in the office of the clerk of the political
subdivision or agency promulgating the same. All existing laws, ordinances,
rules and regulations inconsistent with the provisions of this article, or of
any order, rule, or regulation issued under the authority of this article,
shall be suspended during the period of time and to the extent that such
conflict, disaster or emergency exists.
(c) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.
SECTION 11. Section 33-15-51, Mississippi Code of 1972, is amended as follows:
33-15-51. The Grand Gulf Disaster Assistance Trust Fund is hereby created as a special fund in the State Treasury to be administered by the Mississippi Emergency Management Agency, through the department's Office of Administrative Services. Monies paid into the fund shall be derived from Sections 27-35-309(3)(b)(i) and (ii) and 27-35-309(3)(d). All monies deposited therein shall be available for expenditure, transfer and allocation by the Mississippi Emergency Management Agency for state and local preparedness activities directly related to the Grand Gulf Nuclear Generating Plant, with at least fifty percent (50%) of the monies in the fund earmarked for use in conducting such activities in the geographic area falling within a thirty-mile radius of the plant.
SECTION 12. Section 33-15-53, Mississippi Code of 1972, is amended as follows:
33-15-53. The head of each
state department, agency or commission shall select from within such agency a
person to be designated as the emergency coordination officer for the agency
and an alternate. The emergency coordination officer is responsible for
coordinating with the Mississippi * * * Department of
Emergency Management on emergency preparedness issues, preparing and
maintaining emergency preparedness and postdisaster response and recovery plans
for such agency, maintaining rosters of personnel to assist in disaster
operations and coordinating appropriate training for agency personnel. These
individuals shall be responsible for ensuring that each state facility, such as
a prison, office building or university, has a disaster preparedness plan that
is approved by the applicable local emergency management agency or the
division. The head of each agency shall notify the Governor and the Mississippi * * * Department of
Emergency Management in writing of the person initially designated as the
emergency coordination officer for such agency and his alternate and of any
changes in persons so designated thereafter.
SECTION 13. Section 33-15-305, Mississippi Code of 1972, is amended as follows:
33-15-305. The following terms shall have the meanings ascribed in this section, unless the context requires otherwise:
(a) "Director" means the Deputy Director of the Mississippi Emergency Management Agency appointed by the Executive Director of the Mississippi Department of Emergency Management.
(b) "Disaster" means a fire, flood, storm, tornado, hurricane, earthquake or other similar public calamity affecting homeland security resulting directly from man-made, technological or natural causes.
(c) "Local agency" means any municipality, county or special district.
(d) "Local emergency" means the existence of conditions of disaster or extreme peril to the safety of persons and property within a county or municipality proclaimed by the local governing body in accordance with Section 33-15-17(d).
(e) "Governor's authorized representative" means the primary and alternate emergency management official designated by the Governor to administer federal assistance programs on behalf of the state and local governments and other grant or loan recipients and is responsible for the state compliance with the FEMA-State Agreement.
(f) "Project" means the repair or restoration, or both, other than normal maintenance, or the replacement of public real property of a local agency or a state agency, including, but not limited to, buildings, schools, levees, flood control works, channels, irrigation works, city streets, county roads, bridges and other public works, including those facilities used for recreation purposes, that are damaged or destroyed by a disaster.
(g) "Project application" means the written application made by a state or local agency to the director for federal and state financial assistance, which shall include all damage to public property that resulted from a disaster within the jurisdiction of the agency making application.
(h) "Project worksheet" means the appropriate federal form that must be used to prepare each eligible public assistance project identifying the scope of work and a quantitative estimate for the eligible work.
(i) "Regional response team" means the local government regional response teams, the state response team and the capitol complex response team.
(j) "State agency" means any agency, department, commission, board, institution or special district of the state.
(k) "State of emergency" means the existence of conditions of disaster or extreme peril to the safety of persons or property within the state declared by the Governor in accordance with Section 33-15-11(b)(16).
(l) "Trust fund" means the Disaster Assistance Trust Fund.
(m) "Department" means the Mississippi Department of Emergency Management.
(n) "Executive director" means the Director of the Mississippi Department of Emergency Management.
SECTION 14. Section 33-15-307, Mississippi Code of 1972, is amended as follows:
33-15-307. (1) The provisions of this article shall be invoked only pursuant to a state of emergency declared by the Governor or an emergency or major disaster declared by the President, or pursuant to an executive order of the Governor, or administrative order of the director, in order to provide state or local government resources and personnel in compliance with the provisions of the Emergency Management Assistance Compact, Section 45-18-1 et seq., or in nondeclared times for administrative and training costs associated with state disaster response and recovery programs. Each declaration shall cite the cause for the declaration and define the area eligible for assistance and the type of assistance to be provided.
(2) The Disaster Assistance Trust Fund is created as a special fund in the State Treasury into which shall be paid any funds appropriated or otherwise made available by the Legislature for disaster assistance, any funds transferred from the Working Cash-Stabilization Reserve Fund as provided under subsection (5) of this section, any income from investment of the funds in the trust fund, and federal reimbursement for administrative costs for management of the Individuals and Households Program (IHP), the Public Assistance Program, the Hazard Mitigation Program and Disaster Reservist Program.
(3) Income from investment of the funds in the trust fund, and all other funds deposited therein pursuant to law, shall be available for expenditure, transfer and allocation pursuant to this article.
(4) The Disaster Assistance Trust Fund shall be used only for the following purposes:
(a) The state's portion of the cost share for public assistance under a major disaster declaration.
(b) The state's cost share of the Individuals and Households Program (IHP) pursuant to Section 33-15-209(1) under a major disaster declared by the President.
(c) Administrative costs for managing the IHP.
(d) Administrative costs for managing the Public Assistance Program.
(e) The State Temporary Housing Program pursuant to Section 33-15-217 under a state of emergency declared by the Governor.
(f) Out-of-pocket expenses, including travel, per diem, overtime and other similar expenses, of state or local agencies when so tasked by the Governor or the director for emergency response under the provisions of Section 33-15-11(b)(7) and current executive orders. This includes actual emergency response and recovery activities, and applies to mobilization and deployment of personnel from state or local agencies to another state under the provisions of the Emergency Management Assistance Compact. At the discretion of the director, this may include reimbursement of costs to local governments for overtime and backfill of deployed personnel within the state under the provisions of Section 33-15-15(a) and to jurisdictions who are signatories of the Statewide Mutual Aid Compact (SMAC).
(g) Costs incurred as a result of state active duty for the Mississippi National Guard when so tasked by the Governor to provide support to other agencies and local governments in a major disaster or emergency situation, or when tasked by the Governor to provide support to another state under the provisions of the Emergency Management Assistance Compact.
(h) The state's portion of the cost share for hazard mitigation under a major disaster declaration.
(i) Administrative costs of the Hazard Mitigation Program.
(j) Costs incurred as a result of the implementation of the Disaster Reservist Program under a major disaster declaration.
(k) Administrative costs of the Disaster Reservist Program.
(l) Costs incurred as a result of the implementation of public assistance, and/or individual assistance, and/or Disaster Reservist Program, and/or hazard mitigation, and/or temporary housing under a Governor's state of emergency.
* * *
( * * *m) Actual costs, including personnel
call-back wages, base and overtime wages, travel, per diem and other out-of-pocket
expenses incurred by regional response teams as a result of being mobilized or
deployed when so tasked by the Governor pursuant to Section 33-15-11(b)(7), or
by the director for emergency response pursuant to Section 33-15-15(a).
( * * *n) The state's portion of the cost
share for public assistance under the Presidential Declaration of Major
Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, for
hurricane or other storm damage to public facilities and infrastructure as a
result of Hurricane Katrina, as provided in Section 3 of Chapter 538, Laws of
2006.
( * * *o) Costs incurred for alternative
housing grants up to Two Hundred Fifty Thousand Dollars ($250,000.00) per
county, per event, to be administered by the Mississippi Emergency Management
Agency, through the department's Office of Administrative Services, for
materials only for repairs to communities that do not qualify for Federal
Emergency Management Agency Individual Assistance Grants.
( * * *p) Costs incurred by the Mississippi
Emergency Management Agency, approved by the executive director, to assist
municipalities and counties by allowing them to apply and receive funds for
debris removal support, which funds shall be reimbursed to the Mississippi
Emergency Management Agency at the date determined after the federal disaster
declaration. The Mississippi Emergency Management Agency shall adopt rules and
regulations necessary to administer this program.
(5) Whenever the executive director determines that funds are immediately needed in the Disaster Assistance Trust Fund to provide for disaster assistance under this article, he shall notify the Executive Director of the Department of Finance and Administration of his determination and shall requisition the amount of funds from the Working Cash-Stabilization Fund that are needed in the trust fund, which shall be subject to the limitations set forth below in this subsection. At the same time he makes the requisition, the executive director shall notify the Lieutenant Governor, the Speaker of the House of Representatives and the respective Chairmen of the Senate Appropriations Committee, the Senate Finance Committee, the House Appropriations Committee and the House Ways and Means Committee of his determination of the need for the funds and the amount that he has requisitioned. Upon receipt of such a requisition from the executive director, the Executive Director of the Department of Finance and Administration shall ascertain if the amount requisitioned is available in the Working Cash-Stabilization Reserve Fund and is within the limitations set forth below in this subsection and, if it is, he shall transfer that amount from the Working Cash-Stabilization Reserve Fund to the trust fund. If the amount requisitioned is more than the amount available in the Working Cash-Stabilization Fund or above the limitations set forth below in this subsection, the executive director shall transfer the amount that is available within the limitations. The maximum amount that may be transferred from the Working Cash-Stabilization Reserve Fund to the trust fund for any disaster or disasters occurrence shall be One Million Dollars ($1,000,000.00) and the maximum amount that may be transferred during any fiscal year shall be Two Million Dollars ($2,000,000.00).
(6) Unexpended state funds in the Disaster Assistance Trust Fund at the end of a fiscal year shall not lapse into the State General Fund but shall remain in the trust fund for use under this article for as long as the funds are needed for the particular purpose for which they were appropriated, deposited or transferred into the trust fund. After any state funds in the trust fund are no longer needed for the particular purpose for which they were appropriated, deposited or transferred into the trust fund, the executive director may use those funds for any other purpose under this article for which they currently are needed and for which other funds are not available. If there is no current need for such funds for any purpose under this article, the funds and the income earned from the investment of the funds shall be transferred back to the particular fund or funds in the State Treasury from which they were appropriated or transferred into the trust fund, upon certification of the director to the Executive Director of the Department of Finance and Administration that the funds are not currently needed; however, if such funds are derived from the proceeds of general obligation bonds issued by the state under Section 3 of Chapter 538, Laws of 2006, such excess funds and the income earned from such funds shall be utilized to pay the debt service on such bonds.
(7) The department is authorized to obtain a line of credit through the State Treasury from the Working Cash-Stabilization Fund or any other special-source funds maintained in the State Treasury in an amount not exceeding Ten Million Dollars ($10,000,000.00) in one (1) fiscal year to fund shortfalls which, from time to time, may occur due to decreases in state match funding cash flow. Loan proceeds shall be received by the State Treasurer and shall be placed in the Disaster Trust Fund account. Loan funds shall be expended following the state match required by FEMA for Other Needs Assistance awarded during federally declared disasters.
SECTION 15. Section 33-15-308, Mississippi Code of 1972, is amended as follows:
33-15-308. It is the
intention of the Legislature that whenever the executive
director * * * determines that funds are
immediately needed in the Disaster Assistance Trust Fund to provide for
disaster assistance under this section, he shall notify the Executive Director
of the Department of Finance and Administration of his determination and shall
requisition the amount of funds from the Working Cash-Stabilization Reserve
Fund (Fund No. 3992)and/or * * * any
other special-source funds maintained in the State Treasury that are needed
in the trust fund, which shall be subject to the limitations set forth below in
this section. At the same time he makes the requisition, the executive
director shall notify the Lieutenant Governor, the Speaker of the House of
Representatives and the respective Chairmen of the Senate Appropriations
Committee, the Senate Finance Committee, the House Appropriations Committee and
the House Ways and Means Committee of his determination of the need for the
funds and the amount that he has requisitioned. Upon receipt of such a
requisition from the director, the Executive Director of the Department of
Finance and Administration shall ascertain if the amount requisitioned is
available in the Working Cash-Stabilization Reserve Fund (Fund No. 3992) * * *
and is within the limitations set forth below in this section and, if it is, he
shall transfer that amount from the Working Cash-Stabilization Reserve Fund
(Fund No. 3992) and/or * * * any other special-source
funds maintained in the State Treasury to the trust fund. If the amount
requisitioned is more than the amount available in the Working Cash-Stabilization
Reserve Fund (Fund No. 3992) * * *
or above the limitations set forth below in this section, the executive
director shall transfer the amount that is available within the limitations.
The maximum amount that may be transferred from the Working Cash-Stabilization
Reserve Fund (Fund No. 3992) and/or * * * any
other special-source funds maintained in the State Treasury to the trust
fund for any one (1) disaster occurrence shall be Five Hundred Thousand Dollars
($500,000.00) and the maximum amount that may be transferred during any fiscal
year shall be One Million Dollars ($1,000,000.00).
It is the intention of the Legislature, that during the subsequent legislative session, consideration shall be given to provide an appropriation equal to the amount transferred from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the Disaster Assistance Trust Fund under the provisions of this section as repayment to the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund.
SECTION 16. Section 33-15-309, Mississippi Code of 1972, is amended as follows:
33-15-309. (1) The executive director shall administer this article and shall have the authority to adopt reasonable rules and regulations to effectuate the purposes of this article.
(2) A state agency, when requested by the director in accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and current executive orders, shall render services and perform duties within its areas of responsibility necessary to carry out the purpose of this article.
(3) Each project application executed between a local agency and the executive director pursuant to subsection (4) of Section 33-15-313 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds were allocated.
(4) Before the convening of the Legislature each year, the executive director shall submit a written report to the Governor and the Legislature relating to the operation of the trust fund.
(5) When certified by the executive director, requests for reimbursements, advances or final payments from local or state agencies shall be presented to the Department of Finance and Administration for payment out of the trust fund.
SECTION 17. Section 33-15-311, Mississippi Code of 1972, is amended as follows:
33-15-311. (1) The deputy director of MEMA shall present the executive director with all necessary data for the executive director to make allocations from the trust fund in such amounts as he determines to be necessary to state agencies for out-of-pocket expenditures incurred for emergency response, preliminary damage assessments, estimates, reports and training of state agency personnel. Allocations also may be made from the trust fund for the purpose of preparing project worksheets, estimates and reports as may be necessary to enable state or local agencies to obtain federal aid for disaster assistance purposes. The executive director may make allocations to any state agency or office from the trust fund or other funds available therefor in such amounts as are necessary to administer the provisions of this article.
(2) State agencies that are to receive allocations from the trust fund for carrying out the purposes of this article shall request the Department of Finance and Administration for escalations of their budgets as necessary for the expenditure of the allocated funds, in the same manner as the Department of Finance and Administration escalates budgets for federal funds under Section 27-104-21(1).
SECTION 18. Section 33-15-313, Mississippi Code of 1972, is amended as follows:
33-15-313. (1) Subject to the conditions specified in this section, the executive director shall allocate funds from the trust fund to meet the cost of any one or more projects. The completion of all or part of a project before application for funds under this article shall not disqualify such project or any part thereof.
(2) To be eligible for state and/or federal funding, the governing body of the local agency must declare a local emergency and forward such declaration to the Governor.
(3) A state or local agency shall make application to the executive director for state and/or federal financial assistance within thirty (30) days after the date of the declaration of a major disaster or emergency declared by the President or a state of emergency declared by the Governor; however, the executive director may extend the time for such filing, but only under unusual circumstances. No financial aid shall be provided until an applicant has filed a Notice of Interest and a Request for Federal Assistance and a state and/or federal team has first investigated and reported upon the proposed work, has estimated the cost of the work, and has filed a project worksheet thereon with the Governor's authorized representative and a project application has been prepared. The estimate of cost of the work may include expenditures made by the state or local agency for such work before the making of such estimate. "Unusual circumstances," as used in this subsection, means unavoidable delays that result from recurrence of a disaster, prolonged severe weather or other conditions beyond the control of the applicant. Delays resulting from administrative procedures are not unusual circumstances that warrant extensions of time.
(4) No funds shall be allocated from the trust fund to a state or local agency until the agency has indicated in writing its acceptance of the project application and the cost-sharing related thereto in such form as the director prescribes. The project application shall provide for the performance of the work by the state or local agency, shall provide for the methods of handling the funds allocated and the matching funds provided by the local agency, and shall contain such other provisions as are deemed necessary to ensure completion of the work included in the project application and the proper expenditures of funds as provided herein.
SECTION 19. Section 33-15-317, Mississippi Code of 1972, is amended as follows:
33-15-317. (1) Under procedures prescribed by the executive director, a state or local agency may receive an advance of funds to initiate a project. Such advances shall be limited to not more than seventy-five percent (75%) of the estimated federal share of the project under the President's state of emergency, or fifty percent (50%) of the estimated share of the project under the Governor's state of emergency.
(2) Disaster assistance funds provided from federal sources under the provisions of Public Law 93-288 as amended by Public Law 100-707 and Public Law 106-390 shall be deposited in the trust fund, and the executive director shall make advances or reimbursement therefrom for expenditures for eligible work or for payment for performance.
(3) State and federal contributions for the repair and restoration of facilities shall be reduced by an amount equal to the insurance settlement received or an amount equal to the amount the local agency would have recovered from an insurance settlement if necessary, adequate and reasonably available insurance had been maintained.
SECTION 20. Section 33-15-401, Mississippi Code of 1972, is amended as follows:
33-15-401. The Legislature finds and declares the following: When a major natural disaster such as Hurricane Katrina occurs in Mississippi, there are various types of assistance that are available to individuals and public entities through the federal and state governments to help them recover from the disaster. The majority of that assistance comes from the federal government, and most of the federal assistance is provided through the Federal Emergency Management Agency (FEMA). At the state level, most of the assistance is provided through the Mississippi Emergency Management Agency (MEMA) or the Mississippi Department of Emergency Management (MDEM). However, there are also programs in other federal and state agencies that provide assistance and benefits to disaster victims, as well as disaster assistance programs run by public and private entities and disaster-related in-kind donations made by private entities and individuals. Because these other disaster assistance programs and in-kind donations are spread out among a number of agencies and entities, disaster victims sometimes are not aware of the existence of these programs and in-kind donations other than those provided through FEMA and MEMA or MDEM. After a disaster has occurred, it would be very beneficial for the victims of the disaster to have a single entity in the state, one point of contact, where individuals and public entities would be able to obtain information about those other disaster assistance programs and disaster-related in-kind donations, obtain all of the forms and materials necessary in order to receive the benefits of those programs and in-kind donations, and receive assistance in completing and filing the applications for those programs and in-kind donations.
SECTION 21. Section 33-15-403, Mississippi Code of 1972, is amended as follows:
33-15-403. There is
established within the * * * Mississippi Department of Emergency
Management (MDEM) a separate and distinct office to be known as the Office
of Disaster Assistance Coordination. The office shall be the primary entity
responsible for coordinating information regarding disaster assistance provided
by federal agencies other than the Federal Emergency Management Agency (FEMA),
by state agencies other than the Mississippi Emergency Management Agency
(MEMA), and by other public and private entities that provide various types of
assistance and benefits to victims of major natural disasters. The duties and
responsibilities of the office shall be as follows:
(a) To serve as a single point of contact where individuals and public entities that are victims of major disasters may obtain information about all federal and state programs that provide assistance and benefits to disaster victims other than those provided by FEMA or MEMA, as well as information about the availability of disaster-related in-kind donations by private entities and individuals;
(b) To provide victims of major disasters with all of the forms and materials necessary in order to receive the benefits of those disaster assistance programs and disaster-related in-kind donations, and provide them with assistance in completing and filing the applications for those programs and in-kind donations;
(c) To coordinate and cooperate with FEMA, MEMA, other federal and state agencies and other public and private entities in providing and sharing information, forms and materials related to disaster assistance programs and disaster-related in-kind donations;
(d) To work with MEMA in coordinating information, revenues, programs and assistance made available in Mississippi by FEMA, whether directly through FEMA or through MEMA; and
(e) To perform such
other duties relating to disaster assistance information as may be prescribed
by the * * *
Executive Director of MDEM.
SECTION 22. Section 19-5-385, Mississippi Code of 1972, is amended as follows:
19-5-385. There is
established the Mississippi Emergency Communications Authority as an instrumentality
of the state. The authority and service providers shall work in cooperation
with state and local governments to create a technical and operational
framework for implementing and operating an interoperable and interconnected
NG911 public safety network. The authority may contract and be contracted with
and defend and bring actions, including, but not limited to, invoking a private
right of action to enforce this act. The authority shall exist within the
Mississippi * * * Department of Emergency Management (MDEM)
for all operational purposes. The Executive Director of * * * MDEM shall be the ultimate
authority and administrative head of the Mississippi Emergency Communications
Authority. The Executive Director * * * MDEM shall select a director to
manage the authority. Such director shall be responsible for ensuring that the
authority remains compliant with applicable state and federal programs and
law. All employees of the authority, including the appointed director, shall
serve at the will and pleasure of the Executive Director of * * * MDEM.
SECTION 23. Section 19-5-383, Mississippi Code of 1972, is amended as follows:
19-5-383. As used in Sections 19-5-381 through 19-5-415, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(a)
"Authority" means the Mississippi Emergency Communications
Authority. The authority is a subdivision of the Mississippi * * * Department of Emergency
Management (MDEM) for all purposes and reports directly to the * * * MDEM Executive Director. The
director of the authority shall be the Emergency Management Communications
Coordinator of the Office of the Mississippi Emergency Management Agency
(MEMA).
(b) "Advisory board" or "board" means the Mississippi Emergency Communication Authority (MECA) Advisory Board as appointed in Section 19-5-387.
(c) "ECD" means an emergency communications district created pursuant to Section 19-5-301 et seq., or by a local and private act of the State of Mississippi.
(d) "Public safety answering point" or "PSAP" means an entity responsible for receiving 911 calls and processing those calls according to a specific operational policy.
(e) "Commercial mobile radio service provider" or "CMRS provider" has the same meaning as defined in 47 CFR 9.3.
(f) "NG911"
means Next Generation 911: a secure, internet protocol (IP)-based, open-standards
system comprised of hardware, software, data and operational policies and
procedures. NG911 is designed to provide access to emergency services from all
connected communications sources and to provide multimedia data capabilities
for Public Safety * * * Answering Points (PSAPs) and other emergency service
organizations. NG911:
(i) Provides standardized interfaces from emergency call and message services to support emergency communications;
(ii) Processes all types of emergency calls, including voice, text, data and multimedia information;
(iii) Acquires and integrates additional emergency call data useful to call routing and handling;
(iv) Delivers the emergency calls, messages, and data to the appropriate Public Safety Answering Point (PSAP) and other appropriate emergency entities based on the location of the caller;
(v) Supports data, video and other communications needs for coordinated incident response and management; and
(vi) Interoperates with services and networks used by first responders (and other 911 systems) to facilitate emergency response.
(g) "Emergency Communications Public Safety Trust Fund" means the funds remitted to the Department of Revenue and deposited into the Emergency Communications Service Charge Fund that through contract or memorandum of understanding with the Mississippi Emergency Communication Authority are transmitted to ECDs.
(h) "Emergency communications service charge" means the emergency communications service charge levied, maintained and collected according to Sections 19-5-381 through 19-5-415.
(i) "Distribution formula" means the formula created in Section 19-5-385 by which monies generated from the emergency communications service charge are distributed to local ECDs and to the authority.
(j) "Exchange access facility" means all lines provided by the service supplier for the provision of local exchange service as defined in existing general subscriber services tariffs.
(k) "Place of primary use" means the street address where the consumer's use of communications services primarily occurs, which must be either the residential street address or the primary business street address of the consumer. When location of primary use is impractical to determine, the physical address for billing may be used.
(l) "Service supplier" means any person providing exchange telephone service to any service user throughout a county.
(m) "Consumer" means a person who purchases retail communications service or prepaid wireless telecommunications service in a retail transaction.
(n) "Prepaid wireless emergency communications services charge" means the charge that is required to be collected by a seller from a consumer in the amount established under Section 19-5-385.
(o) "Prepaid wireless communications service" means a wireless communications service that allows a caller to access a PSAP through a placed call or wireless data connection. Such service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount.
(p) "Service provider" means an entity which provides a service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance. This definition applies only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable federal or state requirements to provide the 911 dialing capability. The term does not include wireless and internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and NG911 service.
(q) "Seller" means a person who sells prepaid wireless telecommunications service to another person.
(r) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. A retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of Section 27-65-19(1)(d)(v)3.c.
(s) "Internet protocol" or "IP" means the method by which data is sent from one computer to another on the internet or other networks.
(t) "Emergency Services IP Network" or "ESInet" means a managed IP network that is used for emergency services communications and can be shared by all public safety agencies. ESInet provides the IP transport infrastructure upon which independent application platforms and core services can be deployed, including, but not restricted to, those necessary for providing NG911 services. ESInets may be constructed from a mix of dedicated and shared facilities. ESInets may be interconnected at local, regional, state, federal, national and international levels to form an IP-based internetwork, or a network of networks. ESInet is the designation for the network but not for services provided by the network.
(u) "Geographic information system" or "GIS" means a system for capturing, storing, displaying, analyzing and managing data and associated attributes which are spatially referenced.
(v) "State NG911 Plan" means a comprehensive strategy developed by the state to transition from 911 to Next Generation 911 technology.
(w) "NG911 CMRS Grant Fund" means the fund established in Section 19-5-393.
(x) "ECD NG911 implementation fund" means a fund established in each individual ECD for the purpose of NG911 implementation.
(y) "Operations fund" means a fund established to cover operational expenses for the ECD for capital improvements, normal operations, and provision of PSAP services.
(z) "State NG911 Fund" means a fund specifically used to implement, deploy, maintain and upgrade as necessary a statewide NG911 Services Network, activities and/or infrastructure and other duties of the Mississippi Emergency Communications Authority as set forth in Sections 19-5-381 through 19-5-415 and consistent with the State NG911 Plan.
(aa) "Location" means a single physical address.
(bb) "Department" means the Mississippi Department of Revenue.
SECTION 24. Section 19-5-387, Mississippi Code of 1972, is amended as follows:
19-5-387. (1) Management of the authority shall be vested in the director, with an advisory board to offer technical guidance and recommendations, which shall consist of the following members:
(a) The Commissioner of Public Safety, or his or her designee;
(b) One (1) member appointed by the Governor selected from two (2) nominees submitted by the GIS Coordinating Council;
(c) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi 911 Coordinators Association;
(d) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the Association of Public Safety Communications Officials;
(e) One (1) member appointed by the Governor selected from two (2) nominees submitted by the Mississippi Chapter of the National Emergency Number Association;
(f) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Association of Supervisors, who shall be an elected member of a county board of supervisors;
(g) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Association of Supervisors, who is one of either a county manager, county administrator or finance officer from a county that operates or contracts for the operation of a public safety answering point;
(h) One (1) member appointed by the Governor, selected from two (2) nominees submitted by Mississippi Emergency Medical Services;
(i) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Municipal League, who is an elected member of a municipal governing authority, city manager, city administrator, or finance officer from a municipality that operates or contracts for the operation of a public safety answering point;
(j) One (1) member appointed by the Governor who shall be from the telecommunications industry;
(k) One (1) member appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Sheriffs' Association, who is a sheriff responsible for managing a public safety answering point;
(l) One (1) police chief appointed by the Governor, selected from two (2) nominees submitted by the Mississippi Association of Chiefs of Police, who is serving a local government; and
(m) One (1) fire chief appointed by the Lieutenant Governor, selected from two (2) nominees submitted by the Mississippi Fire Chiefs Association, who is serving a local government.
(2) The initial term for appointments made pursuant to paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1) of this section shall be from July 1, 2025, until June 30, 2028. These initial appointments shall be made by July 1, 2025. The initial term for appointments made pursuant to paragraphs (h), (i), (j), (k), (l) and (m) of subsection (1) of this section shall be from July 1, 2025, until June 30, 2027. All subsequent terms shall be for three (3) years. Any vacancies that occur prior to the end of a term shall be filled by appointment in the same manner as the original appointment and shall be for the remainder of the unexpired term. Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment as soon as practicable after the vacancy occurs. Upon expiration of his or her term of office, a board member shall continue to serve until his or her successor has been duly appointed and qualified. Members may be appointed to successive terms. Appointments made at times when the Senate is not in session shall be effective immediately ad interim, and appointees shall serve until the Senate acts on the appointment as provided herein. Any appointments made while the Senate is not in session shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. In the event the Senate fails or refuses to act on the appointment, the person whose name was submitted shall continue to serve until action is taken on the appointment by the Senate.
(3) The board may appoint additional ex officio nonvoting members to serve in an advisory role to the board. Such advisers shall not be counted in ascertaining if a quorum is present. Such members shall include, but shall not be limited to:
(a) Two (2)
representatives of * * * MDEM:
(i) One (1) shall
be employed by * * *
MDEM in a legal capacity; and
(ii) One (1) shall
be employed by * * *
MDEM in an accounting capacity;
(b) The Chairman of the Senate Technology Committee, or his or her designee;
(c) The Chairman of the House of Representatives Technology Committee, or his or her designee;
(d) The Chairman of the Senate Appropriations Committee, or his or her designee; and
(e) The Chairman of a House of Representative Appropriations Committee, or his or her designee, to be chosen by the Speaker of the House.
(4) Members of the advisory board shall receive no compensation for their services, but the authority may reimburse members from funds of the authority as provided by state law for travel associated with their service. Such amount shall not exceed the reimbursement authorized for state officers and employees in Section 25-3-41.
(5) Seven (7) members of the advisory board shall constitute a quorum, and the affirmative votes of a majority of a quorum shall be required for any action to be taken by the board.
(6) The director of the authority shall convene the initial meeting of the board no later than August 1, 2025, at which time the board shall elect one (1) of its members as chairperson. In addition, the board shall elect a vice chairperson, a secretary and a treasurer from among its membership.
(7) The advisory board shall promulgate bylaws and may adopt other procedures for governing its affairs and for discharging its duties as permitted or required by law, as well as applicable rules and regulations, provided that the director has ultimate authority for approving, denying or modifying such bylaws and procedures.
SECTION 25. Section 19-5-393, Mississippi Code of 1972, is amended as follows:
19-5-393. (1) There is
created in the State Treasury a special fund to be designated as the
"NG911 CMRS Grant Fund." The fund shall be maintained by the State
Treasurer as a separate and special fund, separate and apart from the General
Fund of the state. Subject to appropriation by the Legislature, monies in the
fund shall be disbursed by the Mississippi * * * Department of
Emergency Management, Office of Administrative Services, only for capital
improvements, equipment, software and other expenses directly attributed to the
implementation of approved ECD NG911 plans, as well as for related purposes
approved by the authority. Unexpended amounts remaining in the fund at the end
of a fiscal year shall not lapse into the State General Fund, and any interest
earned or investment earnings on amounts in the fund shall be deposited into
such fund.
(2) Upon July 1, 2025, the existing CMRS board shall remit to the NG911 CMRS Grant Fund all revenues accrued from the existing accounts payable fund as established in Section 19-5-333.
SECTION 26. This act shall take effect and be in force from and after July 1, 2026.