Bill Text: MS SB2394 | 2021 | Regular Session | Engrossed
Bill Title: Public officers and employees; revise policy regulating personal use of state-owned wireless communication devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-03-02 - Died In Committee [SB2394 Detail]
Download: Mississippi-2021-SB2394-Engrossed.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Technology
By: Senator(s) DeLano
Senate Bill 2394
(As Passed the Senate)
AN ACT TO AMEND SECTION 25-53-191, MISSISSIPPI CODE OF 1972, TO REVISE POLICY REGULATING THE PERSONAL USE OF STATE-OWNED WIRELESS COMMUNICATION DEVICES BY CLARIFYING POTENTIAL OFFICERS OR EMPLOYEES AND DEFINING THE USE OF WIRELESS SERVICES PLANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 Services.
(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 * * * any other
similar device having wireless communication capability.
(d) "Wireless service plan" means a service arrangement to provide the ability to transfer, on a monthly or other periodic basis, either a specified or unlimited amount of voice minutes, text or data from the chosen vendor to one or more devices.
(2) Before a wireless
communication device with a wireless service plan may be assigned,
issued or made available to an agency officer * * *, employee, the agency head, or his
designee, shall sign a statement certifying the need or reason for issuing the
device with a plan. No officer or employee of any state agency * * * to whom
has been assigned, issued or made available the use of a wireless communication
device or wireless service plan, the cost of which is paid through the use
of public funds, shall use such device or service for personal use absent
an emergency or similar incidental use.
(3) A state agency shall not reimburse any officer or employee for the purchase or use of his or her personal wireless communication device or wireless service plan.
(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 with a wireless
service plan 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 * * * service plans
shall be developed for all state agencies by the Mississippi Department of
Information Technology Services * * *. The department * * *
shall exercise the option of selecting one (1) vendor from which to procure
wireless communication devices and to provide wireless communication devices * * * and wireless service plans, or
if it deems such to be most advantageous to the state agencies, it may select
multiple vendors. The department * * * 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 * * *
or wireless service plan with any vendor or contract for wireless * * * service plans
with any vendor unless the vendor appears on the list approved by the
department * * * or other prior
written approval is provided by the department. 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 and wireless service plans. 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 * * * the above devices or authorized to
access * * *
the above * * *
service plans sign the policy and that the signed copy be * * *
maintained by the agency for auditing purposes. 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 * * * maintain a copy * * * for auditing
purposes.
(6) No officer or
employee of any state agency shall be assigned or issued more than one wireless
communication device with a wireless service plan without the agency head, or
his designee, documenting the valid business need in writing, which shall be
maintained by the agency for auditing purposes. All state agencies shall
purchase or acquire only the lowest cost * * * wireless communication devices and wireless service plans
which will carry out * * *
the intended use and shall purchase the minimum number of wireless
service plans to result in lowest cost.
(7) * * *
The State Auditor shall conduct necessary audits to ensure compliance with the
provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.
