SB 2140 — National Security on State Devices and Networks Act; create.

2140 (As PassedSent theto Senate)Governor) AN ACT TO CREATE A NEW SECTION WITHIN TITLE 25, CHAPTER 53, MISSISSIPPI CODE OF 1972, TO CREATE THE NATIONAL SECURITY ON STATE DEVICES AND NETWORKS ACT;

(a) "TikTok""Prohibited technology" means theany socialinformation mediatechnology platformdeemed knownto aspose TikTok,an operatedunacceptable byrisk TikTok,to Incorporated,the insecurity of the United States andand/or ownedthe byState Chineseof internetMississippi technologyby holdingMississippi companyand/or ByteDancefederal Limited,law, andregulation, any of its successors or assigns.guidance.

2140 *SS26/R428PS**SS26/R428SG* ~ OFFICIAL ~ G1/2 23/SS26/R428PS23/SS26/R428SG PAGE 1 (c) "State-operated networks" means any telecommunications network, includingincluding, but not limited to, wireless local area networksnetworks, andwireless guest networks, virtual private networks, or other information technology network systemsystems owned or operated by the Mississippi Department of Information Technology Services.Services or any other state agency.

(3)(e) No"State stateemployee" employeemeans shallan downloademployee or useagent thecomplying TikTokwith applicationand orperforming accessduties the TikTok website on abehalf state-issuedof device, nor shall a state employee download the TikTokstate. application or access the TikTok website via a state-operated network.

(3) No state agencyemployee orshall publicdownload, officer,access, in his or heruse officiala capacity,prohibited shalltechnology operateon ana accountstate-issued device or publisha anystate-operated contentnetwork. on TikTok.

(4) The provisionsMississippi Department of thisInformation sectionTechnology shallServices, notor applyany toother lawappropriate enforcement agencies of the state oragency, itsshall politicalrestrict subdivisionsthe whendownload, downloading,access accessing or usinguse TikTokof isprohibited necessarytechnologies toon carrystate-operated outnetworks. their official duties for bona fide law enforcement, investigative or public safety purposes.

The Mississippi Department of Information Technology Services shall maintain and timely update a publicly available list of such prohibited technologies on its website.

(5) The provisions of this section shall not apply to law enforcement agencies of the state or its political subdivisions when downloading, accessing, or using a prohibited technology is S.

B.

No.

2140 *SS26/R428SG* ~ OFFICIAL ~ 23/SS26/R428SG PAGE 2 necessary to carry out their official duties for bona fide law enforcement, investigative or public safety purposes.

S.(a) "Department" means the Mississippi Department of Information Technology.

B.

No.

2140 *SS26/R428PS* ~ OFFICIAL ~ 23/SS26/R428PS PAGE 2 (a) "Department" means the Mississippi Department of Information Technology.

No officer or employee of any state agency to whom has been assigned, issued or made available the use of a wireless communication device,S. the cost of which is paid through the use of public funds, shall use such device for personal use.

(3) A state agency shall not reimburse any officer or employee for use of his or her personal wireless communication device.

(4) Every state agency that, at the expense of the state agency, assigns, issues or makes available to any of its officers or employees a wireless communication device shall obtain and S.

2140 *SS26/R428PS**SS26/R428SG* ~ OFFICIAL ~ 23/SS26/R428PS23/SS26/R428SG PAGE 3 maintaindevice, detailedthe billingcost forof everywhich wirelessis communicationpaid through the use of public funds, shall use such device account.for personal use.

(3) A liststate ofagency approvedshall vendorsnot forreimburse theany procurementofficer ofor wirelessemployee communication devices and the delivery of wireless communication device services shall be developed for alluse state agencies by the Mississippi Department of Informationhis Technologyor Servicesher inpersonal conjunctionwireless withcommunication thedevice. Wireless Communication Commission created in Section 25-53-171.

The(4) department,Every instate conjunctionagency withthat, at the Wirelessexpense Communicationof Commission, shall exercise the optionstate ofagency, selectingassigns, oneissues (1)or vendormakes fromavailable which to procureany wirelessof communicationits devicesofficers andor toemployees providea wireless communication device services,shall orobtain ifand itmaintain deemsdetailed suchbilling tofor beevery mostwireless advantageouscommunication todevice theaccount. state agencies, it may select multiple vendors.

TheA department,list inof conjunctionapproved withvendors for the Wirelessprocurement Communicationof Commission,wireless communication devices and the delivery of wireless communication device services shall selectbe adeveloped vendorfor orall vendorsstate onagencies by the basisMississippi Department of lowestInformation andTechnology bestServices bid* proposals.* *.

AThe statedepartment agency* may* not* procureshall aexercise wirelessthe communicationoption deviceof fromselecting anyone (1) vendor orfrom contractwhich forto procure wireless communication devicedevices servicesand withto anyprovide vendorwireless unlesscommunication thedevice vendorservices, appearsor onif theit listdeems approvedsuch byto thebe department,most inadvantageous conjunctionto with the Wirelessstate Communicationagencies, Commission.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 from any vendor or contract for wireless communication device services with any vendor unless the vendor appears on the list approved by the department * * *.

(5)S. The department shall promulgate a model acceptable use policy defining the appropriate use of all wireless communication devices.

The department shall include in its definition of appropriate use a prohibition on the social media platform TikTok, pursuant to the National Security on State Devices and Networks S.

2140 *SS26/R428PS**SS26/R428SG* ~ OFFICIAL ~ 23/SS26/R428PS23/SS26/R428SG PAGE 4 Act.(5) The department shall promulgate a model acceptable use policy defining the appropriate use of all wireless communication devices.

The department shall include in its definition of appropriate use a prohibition on the downloading, accessing, or using of a prohibited technology pursuant to the National Security on State Devices and Networks Act.

(7) The University of Mississippi Medical Center and its employees, the Mississippi State University Extension Service and its agents and faculty members, the Mississippi State University Agricultural and Forestry Experiment Station and its faculty members, the Mississippi State University Forestry and Wildlife S.

2140 *SS26/R428PS**SS26/R428SG* ~ OFFICIAL ~ 23/SS26/R428PS23/SS26/R428SG PAGE 5 (7) The University of Mississippi Medical Center and its employees, the Mississippi State University Extension Service and its agents and faculty members, the Mississippi State University Agricultural and Forestry Experiment Station and its faculty members, the Mississippi State University Forestry and Wildlife Research Center and its faculty members, and the Mississippi State University College of Veterinary Medicine and its faculty members shall be exempt from the application of this section.

(8) TheEmployees of State AuditorInstitutions shallof conductHigher necessaryLearning auditsshall tobe ensureexempt compliancefrom with the provisions of this section.section when incurring international usage charges for the business-related use of their personal wireless communication devices during business-related international travel.

Such exemption shall only apply after a determination by the employer-institution that reimbursement to the employee for the use of his or her personal wireless communication device is the lowest-cost option to prevent business interruption during such travel.

(9) The State Auditor shall conduct necessary audits to ensure compliance with the provisions of this section.

This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.

2140 *SS26/R428PS**SS26/R428SG* ~ OFFICIAL ~ 23/SS26/R428PS23/SS26/R428SG ST: