Bill Text: MS HB1452 | 2012 | Regular Session | Enrolled


Bill Title: State agencies; required annual report not printed but made available on agency's official website.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-04-18 - Approved by Governor [HB1452 Detail]

Download: Mississippi-2012-HB1452-Enrolled.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: S.C. Accountblty/Efficiency/Transparency

By: Representative Gunn

House Bill 1452

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 27-101-1 AND 27-101-3, MISSISSIPPI

CODE OF 1972, TO REQUIRE THAT THE ANNUAL REPORT REQUIRED TO BE

PREPARED BY EACH BOARD, AGENCY, COMMISSION AND DEPARTMENT OF

GOVERNMENT, AND BY EACH EDUCATIONAL, ELEEMOSYNARY AND OTHER

INSTITUTION OF THE STATE SUPPORTED IN WHOLE OR PART BY THE STATE,

SHALL BE PUBLISHED ELECTRONICALLY ON THE OFFICIAL INTERNET WEBSITE OF THE RESPECTIVE ENTITY; TO AMEND SECTION 21-101-5,

MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF

FINANCE AND ADMINISTRATION MAY AUTHORIZE THE NONELECTRONIC

PUBLICATION OF A LIMITED NUMBER OF COPIES OF SUCH ANNUAL REPORTS

IN MERITORIOUS CASES; TO AMEND SECTION 25-51-1, MISSISSIPPI CODE

OF 1972, TO PROVIDE THAT THE ELECTRONIC FORM OF EACH AGENCY

PUBLICATION SHALL CONSTITUTE THE PUBLIC RECORD OF THAT AGENCY, FOR

PURPOSES OF THE MISSISSIPPI LIBRARY COMMISSION BEING THE STATE

DEPOSITORY FOR PUBLIC RECORDS OF ANY GOVERNMENT AGENCY; TO AMEND

SECTIONS 25-51-3 THROUGH 25-51-7, MISSISSIPPI CODE OF 1972, IN

CONFORMITY THERETO; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 27-101-1, Mississippi Code of 1972, is amended as follows:

     27-101-1.  (1)  Each and every educational, eleemosynary and other institution of the State of Mississippi supported, in whole or in part, by the state, and each and every board, agency, commission and department of government, except the Departments of Insurance and of Education * * *, shall prepare, on or before December 31 of each year, a detailed report covering the annual period ending the preceding June 30.  The Insurance Department shall prepare, on or before December 31 of each year, a like report covering the annual period ending the preceding March 1.  The Department of Education shall prepare, on or before December 31 of each year, a like report covering the preceding school year.

     (2)  Each agency, board, commission, department and institution required by this section to prepare an annual report also shall prepare an executive summary of the report that is not more than three (3) pages long.

     SECTION 2.  Section 27-101-3, Mississippi Code of 1972, is amended as follows:

     27-101-3.  * * * Each annual report required by Section 27-101-1 shall be published electronically on the official website of the respective institution, board, agency, commission or department.  One (1) copy of each annual report and the executive summary of the report shall be electronically transmitted to the State Librarian, the Governor, the Lieutenant Governor, * * * the Speaker of the House of Representatives * * *, and each state elected and appointed official.  Each person to whom an annual report is electronically transmitted may receive the information necessary to obtain the applicable annual report in electronic form, including instructions on how to print the report, upon request to the agency, board, commission, department or institution that prepared the report.

     SECTION 3.  Section 27-101-5, Mississippi Code of 1972, is amended as follows:

     27-101-5.  The Department of Finance and Administration may authorize the nonelectronic publication of a limited number of copies of the annual or other reports in meritorious cases.

     SECTION 4.  Section 25-51-1, Mississippi Code of 1972, is amended as follows:

     25-51-1.  The Mississippi Library Commission, hereinafter referred to as the "commission," shall be the state depository for the public records issued by any government agency for public distribution, including the annual report required under Section 27-101-1.  Each agency publication shall be made available in an electronic form, and the electronic form shall constitute the public record.  The record shall be placed on the official website of the commission.  The libraries of state agencies, public junior colleges, colleges, public universities and public libraries located in the state may also become depositories of state agency publications that are available on the commission's official website, when designated as such by the director of the * * * commission upon the written request of the applicable government agency.

     SECTION 5.  Section 25-51-3, Mississippi Code of 1972, is amended as follows:

     25-51-3.  Each agency of state government shall furnish to the director of the * * * commission the necessary information to provide its publications and public records in an electronic form for placement on the official website of the commission.  The director of the * * * commission shall transmit this information to each depository * * *.  These records shall be made accessible by the depository receiving them to any person desiring to examine the same.

     SECTION 6.  Section 25-51-5, Mississippi Code of 1972, is amended as follows:

     25-51-5.  Each agency of state government shall furnish annually to the director of the * * * commission * * * a list of all its publications made available for public distribution * * *.

     SECTION 7.  Section 25-51-7, Mississippi Code of 1972, is amended as follows:

     25-51-7.  A recorder of documents shall be appointed by the director of the * * * commission in his office, whose functions shall be to administer the provisions of Sections 25-51-1 through 25-51-5, under the supervision of the director of the * * * commission.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2012.


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