Amendment vs bill Amendment No 2 (Adopted) (Voice Vote) vs As Passed the lower

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2025 By:
Adopted AMENDMENT NO 2 PROPOSED TO House Bill No.
Representatives Zuber, Ford (73rd) To:
1491 BY:
State Affairs;
Senator(s) Williams AMEND by inserting the following after line 354 as a new section and renumbering subsequent sections accordingly:
Technology COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
SECTION *.
1491 AN ACT TO ESTABLISH A CLOUD CENTER OF EXCELLENCE (CCOE) WITHIN THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES;
(1) The purpose of this act is to establish a Technology Innovation Fund, hereafter referred to as "Fund," to facilitate the development and deployment of innovative technological solutions that enhance the efficiency, transparency and responsiveness of government services.
TO FACILITATE THE ADOPTION AND MANAGEMENT OF CLOUD COMPUTING ACROSS STATE AGENCIES AND GOVERNING AUTHORITIES;
The fund is intended to support collaborative efforts between government agencies, educational institutions, private sector partners and nonprofit organizations in the implementation of digital solutions that drive public sector modernization.
TO PROVIDE STRATEGIC GUIDANCE, BEST PRACTICES, AND GOVERNANCE FRAMEWORKS FOR CLOUD MIGRATION AND OPTIMIZATION;
(2) (a) There is hereby established the Technology Innovation Fund, which shall be administered by the Mississippi Department of Information Technology Services (ITS) under the 25/SS36/HB1491A.1J *SS36/HB1491A.1J* PAGE 1 authority of the Chief Information Officer (CIO) of the State of Mississippi.
TO ENHANCE SECURITY, SCALABILITY, AND COST EFFICIENCY IN STATEWIDE CLOUD OPERATIONS;
(b) The fund shall provide financial support for projects that utilize technology to address critical needs, improve service delivery, and foster collaboration between public and private entities.
TO AUTHORIZE THE PHASED IMPLEMENTATION OF THE CCOE OVER A FIVE-YEAR PERIOD;
(3) The objectives of the fund shall include, but are not limited to, the following:
TO PROVIDE REPORTING AND OVERSIGHT REQUIREMENTS;
(a) Promote the development of digital solutions that improve government service delivery and operational efficiency;
TO AUTHORIZE THE PROMULGATION OF RULES AND REGULATIONS NECESSARY FOR ITS ADMINISTRATION;
(b) Foster cross-agency and intergovernmental collaboration in the adoption of shared technologies and best practices;
TO AMEND SECTION 25-53-3, MISSISSIPPI CODE OF 1972, TO CONFORM DEFINITIONS;
(c) Encourage public-private partnerships in the development and deployment of innovative technologies;
TO BRING FORWARD SECTION 25-53-21, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS;
(d) Facilitate research, prototyping, and piloting of emerging technologies such as artificial intelligence, blockchain, data analytics, and cloud computing;
AND FOR RELATED PURPOSES.
(e) Ensure equitable access to technological innovations that can benefit underserved communities and regions;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
and (f) Enhance cybersecurity and protect the integrity of state digital infrastructure.
SECTION 1.
(4) (a) The following entities shall be eligible to apply for funding under this act:
This act shall be known and may be cited as the "Cloud Center of Excellence Act." SECTION 2.
25/SS36/HB1491A.1J *SS36/HB1491A.1J* PAGE 2 (i) State and local government agencies;
As used in this act, the following terms shall have the meanings ascribed herein, unless the context clearly requires otherwise:
(ii) Public and private educational institutions;
(a) "Cloud Center of Excellence" or "CCOE" means the centralized body responsible for providing strategic guidance, best practices, governance, and technical support for cloud H.
(iii) Nonprofit organizations engaged in technology-driven public service initiatives;
B.
and (iv) Private sector entities, in partnership with public sector agencies, for collaborative projects.
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(b) Applications for funding must demonstrate how the proposed project will contribute to the digital transformation of government services and the achievement of the objectives outlined in Section 3 of this act.
1491 *HR26/R1980CS* ~ OFFICIAL ~ G1/2 25/HR26/R1980CS PAGE 1 (GT\KW) adoption and management across state agencies and governing authorities.
(5) (a) The CIO of the Mississippi Department of Information Technology Services shall establish criteria for the evaluation of proposals and the allocation of funds, prioritizing projects that:
(b) "Cloud computing" means on-demand access to computing resources, including storage, servers, and applications, delivered via the Internet or other networks.
(i) Provide measurable benefits to the public and improve government operations;
(c) "MDITS" or "department" means the Mississippi Department of Information Technology Services.
(ii) Demonstrate potential for scalability and sustainability;
(d) "Governing authority" means the same as the term governing authority is defined in Section 25-53-3(2)(f).
(iii) Foster partnerships across government, private, and nonprofit sectors;
(e) "State agency" means the same as the term "agency" is defined in Section 25-53-3(2)(e).
and (iv) Address urgent challenges in service delivery, efficiency, and cybersecurity.
SECTION 3.
(b) The fund may allocate grants, matching funds, or loans to eligible projects, as deemed appropriate by the CIO.
(1) There is established within the Mississippi Department of Information Technology Services (MDITS) a centralized Cloud Center of Excellence (CCOE) to facilitate cloud adoption across state agencies and governing authorities, enhance technological infrastructure, improve security and scalability, and streamline cloud migrations in a cost-effective and efficient manner.
25/SS36/HB1491A.1J *SS36/HB1491A.1J* PAGE 3 (6) (a) Each recipient of funding from the Technology Innovation Fund shall be required to provide periodic reports to the CIO detailing the progress, outcomes, and financial expenditures associated with the funded project.
(2) Using existing resources, MDITS may review the process for the coordinated development, hosting and management of computer software for state agencies that use cloud computing services.
(b) The CIO shall submit an annual report to the Governor and Legislature detailing the use of the Technology Innovation Fund, including descriptions of funded projects, their outcomes, and recommendations for future innovations.
The Cloud Center of Excellence (CCOE) shall:
(7) (a) The fund shall be initially capitalized with an appropriation of monies from the General Fund, with additional funding to be secured from:
(a) Develop and implement a statewide strategy for cloud adoption and management;
(i) Public-private partnerships;
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(ii) Federal grants or matching programs;
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(iii) Revenues from technological licensing or commercialization resulting from funded projects;
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and (iv) Donations or contributions from private or philanthropic organizations.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 2(GT\KW) (b) Provide guidance, best practices, and governance frameworks to state agencies and governing authorities for the adoption and use of cloud services;
(b) The fund may also establish a revolving loan mechanism to replenish available resources through repayments from successful projects.
(c) Establish standardized processes for cloud migrations, resource optimization, and workload assessments;
(8) The CIO of the Mississippi Department of Information Technology Services (ITS) is authorized to promulgate any rules and regulations necessary for the implementation and administration of this act.
(d) Enhance cybersecurity protocols and ensure compliance with state and federal security standards;
FURTHER, AMEND the title to conform.
(e) Monitor and report on the scalability, cost efficiency, and performance of cloud infrastructure;
25/SS36/HB1491A.1J *SS36/HB1491A.1J* PAGE 4
(f) Offer training and support to agency personnel to promote cloud literacy and effective utilization;
and (g) Coordinate with state agencies and governing authorities to ensure a phased implementation schedule as required by the provision of Section 4 of this act.
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SECTION 4.
(1) The Cloud Center of Excellence (CCOE) shall establish a five-year phased implementation plan as follows:
(a) By July 1, 2026, conduct statewide readiness assessments and develop detailed cloud migration plans for pilot agencies;
(b) By July 1, 2027, initiate pilot migrations for selected state agencies, establish key performance indicators (KPIs) and refine processes based on feedback;
(c) By July 1, 2028, expand cloud adoption to additional state agencies, focusing on optimizing resource utilization and ensuring adherence to best practices;
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1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 3(GT\KW) (d) By July 1, 2029, begin integration of governing authorities into the cloud ecosystem, providing support for local governments, postsecondary educational institutions and school districts;
and (e) By July 1, 2030, achieve full statewide adoption of cloud services, with ongoing monitoring, training, and optimization provided by the CCOE for all state agencies and governing authorities.
(2) During the respective schedule of implementation described in subsection (1), each state agency and governing authority integrated into the CCOE at that time shall consider:
(a) Cloud computing service options, including any security benefits and cost savings associated with purchasing those service options from a cloud computing service provider and from a statewide technology center established by the department, when making purchases;
and (b) Cloud computing service options and compatibility with cloud computing services in the development of new information technology software applications.
(3) (a) Except as provided by paragraph (b) of this subsection, a state agency or governing authority shall ensure, when making purchases for an automated information system, that the system is capable of being deployed and run on cloud computing services.
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1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 4(GT\KW) (b) When making a purchase for an automated information system, a state agency or governing authority may determine that, due to integration limitations with legacy systems, security risks or costs, the state agency or governing authority is unable to purchase a system capable of being deployed and run on cloud computing services.
(c) At least fourteen (14) days before the date a state agency or governing authority solicits bids, proposals, offers or other applicable expressions of interest for a purchase described by paragraph (b) of this subsection, the state agency or governing authority shall submit a report that describes the purchase and the agency's reasoning for making the purchase of an automated information system to the Mississippi Department of Information Technology Services (MDITS).
(4) The department shall provide administrative support and oversight to the CCOE and ensure compliance with this act.
(5) The department is authorized to:
(a) Enter into agreements with cloud service providers to facilitate cost-effective procurement of cloud solutions;
(b) Develop and enforce statewide cloud security and compliance standards;
(c) Establish funding mechanisms, including interagency agreements, to support the operations of the CCOE;
and (d) Promulgate rules and regulations necessary to carry out the provisions of this act.
H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 5(GT\KW) SECTION 5.
(1) Not later than November 15 of each even-numbered year, MDITS, using existing resources, shall submit a report to the Governor, Lieutenant Governor and Speaker, the Chairpersons of the House and Senate Committees on Technology and of the House State Affairs Committee on the use of cloud computing service options by state agencies and governing authorities, detailing the progress of the implementation plan, challenges encountered, and recommendations for improvement.
The report must include use cases that provided cost savings and other benefits, including security enhancements.
All state agencies and governing authorities shall cooperate with MDITS in the creation of the report by providing timely and accurate information and any assistance required by the department.
SECTION 6.
The Legislature shall appropriate funds to the Department of Information Technology Services to implement and operate the Cloud Center of Excellence (CCOE).
The CCOE may seek additional funding through federal grants, partnerships, and other available resources.
SECTION 7.
Section 25-53-3, Mississippi Code of 1972, is amended as follows:
25-53-3.
(1) Whenever the term "Central Data Processing Authority" or the term "authority," when referring to the Central Data Processing Authority, is used in any law, rule, regulation, document or elsewhere, it shall be construed to mean the Mississippi Department of Information Technology Services.
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B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 6(GT\KW) (2) For the purposes of this chapter the following terms shall have the meanings ascribed in this section unless the context otherwise requires:
(a) "Central Data Processing Authority" and "CDPA" mean "Mississippi Department of Information Technology Services (MDITS)" and the term "authority" means "board of the MDITS." (b) "Bureau of Systems Policy and Planning," "Bureau of Telecommunications," "Bureau of Central Data Processing" and "bureau" mean "Mississippi Department of Information Technology Services." (c) "Computer equipment or services" means any information technology, computer or computer related telecommunications equipment, electronic word processing and office systems, or services utilized in connection therewith, including, but not limited to, all phases of computer software and consulting services, and insurance on all state-owned computer equipment.
(d) "Acquisition" of computer or telecommunications equipment or services means the purchase, lease, rental, or acquisition in any other manner of any such computer or telecommunications equipment or services.
(e) "Agency" means and includes all the various state agencies, officers, departments, boards, commissions, offices and institutions of the state.
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B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 7(GT\KW) (f) "Governing authority" means boards of supervisors, governing boards of all school districts, all boards of directors of public water supply districts, boards of directors of master public water supply districts, municipal public utility commissions, governing authorities of all municipalities, port authorities, commissioners and boards of trustees of any public hospitals and any * * * governing authority of the state supported wholly or in part by public funds of the state or * * * governing authority thereof.
(g) "Bid" means any of the valid source selection techniques and competitive procurement methods appropriate to information technology procurement in the public sector, including, but not limited to, competitive sealed bidding, competitive sealed proposals, simplified small purchase procedures, sole source procurements, and emergency procurements.
(h) "Telecommunications transmission facility" means any transmission medium, switch, instrument, inside wiring system or other facility which is used, in whole or part, to provide any transmission.
(i) "Equipment support contract" means a contract which covers a single, specific class or classes of telecommunications equipment or service and all features associated with that class, through which state agencies may purchase or lease the item of equipment or service specified by issuing a purchase order under H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 8(GT\KW) the terms of the contract without the necessity of further competitive bidding.
(j) "Inside wiring system" means any wiring which:
(i) Directly or indirectly, interconnects any terminal equipment with any other terminal equipment or with any regulated facility or common carrier services;
and (ii) Is located at the premises of the customer and is not inside any terminal equipment.
(k) "Procurement" means the selling, buying, purchasing, renting, leasing or otherwise obtaining telecommunications equipment, system or related services, as well as activities engaged in, resulting in or expected to result in selling, buying, purchasing, renting, leasing or otherwise obtaining telecommunications equipment.
(l) "Telecommunications equipment, systems, related services" are limited to the equipment and means to provide:
(i) Telecommunications transmission facilities.
(ii) Telephone systems, including voice processing systems.
(iii) Facsimile systems.
(iv) Radio paging services.
(v) Mobile telephone services, including cellular mobile telephone service.
(vi) Intercom and paging systems.
(vii) Video teleconferencing systems.
H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 9(GT\KW) (viii) Personal communications networks and services.
(ix) Any and all systems based on emerging and future telecommunications technologies relative to (i) through (viii) above.
(m) "Telecommunications system lease contract" means a contract between a supplier of telecommunications systems, including equipment and related services, and the Mississippi Department of Information Technology Services through which telecommunications systems, including equipment and related services, may be leased for a term which shall not exceed sixty (60) months for a system lease valued less than One Million Dollars ($1,000,000.00) and shall not exceed one hundred twenty (120) months for a system lease valued One Million Dollars ($1,000,000.00) or more.
(n) "Tariffed or regulated service" means telecommunications service offered by common carriers and subject to control by the Mississippi Public Service Commission or the Federal Communications Commission.
(o) "State Data Center" means one or more facilities operated by the Mississippi Department of Information Technology Services to provide information technology resources requiring enterprise computing resources or any other centrally managed information resources.
H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 10(GT\KW) SECTION 8.
Section 25-53-21, Mississippi Code of 1972, is brought forward as follows:
25-53-21.
The executive director shall have the following duties, responsibilities and authority:
(a) He shall conduct continuing studies of all information technology activities carried out by all agencies of the state and shall develop a long-range plan for the efficient and economical performance of such activities in state government.
Such plan shall be submitted to the authority for its approval and, having been approved by the authority, shall be implemented by the executive director and all state agencies.
Such plan shall be continuously reviewed and modifications thereof shall be proposed to the authority by the executive director as developments in information technology techniques and changes in the structure, activities, and functions of state government may require.
(b) He shall review the purchasing practices of all state agencies in the area of the purchasing of supplies for information technology and make recommendations to the authority and to the Public Procurement Review Board for the institution of purchasing procedures which will ensure the most economical procurement of such supplies commensurate with the efficient operation of all departments and agencies of state government.
(c) He shall see that all reports required of all agencies are promptly and accurately made in accordance with the H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 11(GT\KW) rules and regulations adopted by the authority.
Either in person or through his authorized agents, he shall make such inspections of information technology operations being conducted by any of the agencies of the state as may be necessary for the performance of his duties.
(d) He shall suggest and cause to be brought about cooperation between the several state agencies in order to provide efficiency in information technology operation.
He shall, together with the heads of the agencies involved, reduce to writing and execute cooperative plans for the acquisition and operation of information technology equipment, and any such plan so adopted shall be carried out in accordance with the provisions of such plan unless the same shall be amended by the joint action of the executive director and the heads of agencies involved.
The executive director shall report to the authority the details of any plan so adopted and all amendments or modifications thereof, and shall otherwise report to the authority and to the Public Procurement Review Board any failure on the part of any agency to carry out the provisions of such plan.
In the event the head of any agency involved or the executive director shall propose amendments to a plan so adopted and such amendment is disapproved by the head of another agency involved or the executive director, an appeal may be taken to the authority which may, after full consideration thereof, order the adoption of the proposed amendment or any modification thereof.
The executive director H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 12(GT\KW) shall make decisions on all questions of the division of the cost of information technology operations among the several agencies, but his findings shall be subject to the approval or modification by the authority on appeal to it.
(e) He shall review all contracts for acquisition of computer and/or telecommunications equipment or services now or hereafter in force and may require the renegotiation, termination, amendment or execution of any such contracts in proper form and in accordance with the policies and rules and regulations and subject to the direction of the authority.
In the negotiation and execution of such contracts, the executive director may negotiate a limitation on the liability to the state of prospective contractors provided such limitation affords the state reasonable protection and the limitation is approved by the state entity for whom the acquisition is being made.
(f) He shall act as the purchasing and contracting agent for the State of Mississippi in the negotiation and execution of all contracts for the acquisition of computer equipment or services.
He shall receive, review, and promptly approve or disapprove all requests of agencies of the state for the acquisition of computer equipment or services, which are submitted in accordance with rules and regulations of the authority.
In the event that any such request is disapproved, he shall immediately notify the requesting agency and the members of the authority in writing of such disapproval, stating his reasons H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 13(GT\KW) therefor.
The disapproval of any request by the executive director of the authority may be appealed to the authority or to the Public Procurement Review Board, respectively, in such manner as may be authorized by such reasonable rules and regulations hereby authorized to be adopted by the authority and by the Public Procurement Review Board to govern the same.
The executive director shall report the approval of all such requests to the authority in such manner as may be directed by the authority, and shall execute any such contracts only after complying with rules and regulations which may be adopted by the authority in relation thereto.
Any contracts for personal or professional services entered into by the executive director shall be exempted from the requirements of Section 25-9-120(3) relating to submission of such contract to the State Personal Service Contract Review Board.
(g) He shall suggest and cause to be brought about cooperation between the several state agencies, departments and institutions in order that work may be done by one agency for another agency, and equipment in one agency may be made available to another agency, and suggest and cause to be brought about such improvements as may be necessary in joint or cooperative information technology operations.
(h) He shall be designated as the "Chief Information Confidentiality Officer" after being duly sworn to the oath of this office by the chairman of the authority and shall be H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS PAGE 14(GT\KW) responsible for administering the oath to other qualified officers he may designate.
(i) He shall appoint employees of the Mississippi Department of Information Technology Services, or at his discretion, employees of other state agencies and institutions that are responsible for handling or processing data for any agency or institution other than that for which they are employed, to a position of information custodial care that shall be known as "Information Confidentiality Officer." The selection and swearing of all officers shall be reported to the authority at the next regular meeting and names, affirmation dates and employment dates shall be recorded in the permanent minutes of the authority.
SECTION 9.
This act shall take effect and be in force from and after July 1, 2025.
H.
B.
No.
1491 *HR26/R1980CS* ~ OFFICIAL ~ 25/HR26/R1980CS ST:
Cloud Center of Excellence;
establish for PAGE 15(GT\KW) phased-in cloud computing and storage by state agencies and governing authorities.