Bill Text: MS HB435 | 2010 | Regular Session | Introduced
Bill Title: Legislative subpoenas; provide for enforcement of and disallow protection of certain confidential information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB435 Detail]
Download: Mississippi-2010-HB435-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Moss
House Bill 435
AN ACT TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS ISSUED BY A LEGISLATIVE COMMITTEE; TO AMEND SECTION 25-61-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROTECTIVE COURT ORDERS SHALL NOT PREVENT A LEGISLATIVE COMMITTEE, OR CERTAIN STATE OFFICERS AND INVESTIGATIVE BODIES, FROM OBTAINING ACCESS TO RECORDS FURNISHED TO PUBLIC BODIES BY THIRD PARTIES THAT CONTAIN TRADE SECRETS OR CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION; TO AMEND SECTION 5-3-59, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) Any person who willfully refuses to appear before a legislative committee, fails to answer any question posed by a committee member, or fails to produce any paper or record in obedience to a subpoena or other process issued by the committee and served on that person, shall be guilty of contempt of the Legislature, and, upon conviction of a violation of this section, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or both.
(b) For purposes of this section, the term "legislative committee" means any standing, special, select or other committee of the House of Representatives or the Senate of the Mississippi State Legislature, or any joint committee of the Legislature composed of members of both the House of Representatives and the Senate, created by resolution, rule, statute or the Mississippi Constitution of 1890. A legislative committee may delegate its subpoena power to a subcommittee by a majority vote of the committee.
(2) Whenever facts alleged to constitute contempt under subsection (1) of this section arise with regard to a legislative committee, the chairman of the committee shall certify a statement to that effect to the Attorney General or to the appropriate county prosecuting attorney, who shall prosecute the accused for contempt under the provisions of subsection (1) of this section.
(3) Any offense described in subsection (1) of this section shall be deemed to have been committed in the county:
(a) Where the subpoena was issued;
(b) Where the offender was served with the subpoena; or
(c) Where the subpoena ordered the offender to give testimony or to produce papers or other evidence.
The trial of the offender for the offense may take place in any of these counties.
(4) (a) As an alternative to a criminal proceeding, in any instance in which a witness fails to respond to the lawful subpoena of a legislative committee at any time or, having responded, fails to answer all lawful inquiries or to turn over evidence that has been subpoenaed, a committee may seek judicial enforcement of the process as provided for in this subsection.
(b) The chairman, in the name of a legislative committee, may file a complaint before any chancery court of the state describing the failure to respond on the part of the witness. On the filing of the complaint, the court shall take jurisdiction of the witness and the subject matter of the complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in the possession of the witness that is lawfully demanded. The failure of a witness to comply with an order of the court under this subsection constitutes contempt of court, and the court shall punish the witness accordingly.
(c) A committee may request that the Attorney General assist it in such a civil enforcement action, or it may utilize contract counsel to commence an enforcement action authorized in this subsection.
(5) The provisions of this section are declared to be supplemental to the inherent and constitutional powers of the Mississippi State Legislature to punish for contempt.
SECTION 2. Section 5-3-59, Mississippi Code of 1972, is amended as follows:
5-3-59. The committee, while in the discharge of official duties, shall have the following additional powers:
(a) To subpoena and examine witnesses; to require the appearance of any person and the production of any paper or document; to order the appearance of any person for the purpose of producing any paper or document; and to issue all process necessary to compel such appearance or production. When such process has been served, the committee may compel obedience thereto by the attachment of the person, papers or records subpoenaed; and if any person shall willfully refuse to appear before such committee or to produce any paper or record in obedience to any process issued by the committee and served on that person, he shall be guilty of contempt of the Legislature and shall be prosecuted and punished as provided by law, and upon conviction thereof, he shall be guilty of a violation of Section 1 of this act.
(b) To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee deems the administration of an oath necessary and advisable as provided by law.
(c) To determine that a witness has perjured himself by testifying falsely before the committee, and to institute penal proceedings as provided by law.
SECTION 3. Section 25-61-9, Mississippi Code of 1972, is amended as follows:
25-61-9. (1) Records furnished to public bodies by third parties that contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction under this chapter until notice to the third parties has been given; however, those records shall be released within a reasonable period of time unless the * * * third parties * * * have obtained a court order protecting those records as confidential.
(2) If any public record that is held to be exempt from disclosure under this chapter contains material which is not exempt under this chapter, the public body shall separate the exempt material and make the nonexempt material available for examination and/or copying as provided for in this chapter.
(3) Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity shall not be subject to inspection, examination, copying or reproduction under this chapter.
(4) Misappropriation of a trade secret shall be governed by the provisions of the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19.
(5) A waste minimization plan and any updates developed by generators and facility operators under the Mississippi Comprehensive Multimedia Waste Minimization Act of 1990 shall be retained at the facility and shall not be subject to inspection, examination, copying or reproduction under this chapter.
(6) Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in Section 75-26-3, and data processing software produced by a public body which is sensitive must not be subject to inspection, copying or reproduction under this chapter.
As used in this subsection, "sensitive" means only those portions of data processing software, including the specifications and documentation, used to:
(a) Collect, process, store, and retrieve information which is exempt under this chapter.
(b) Control and direct access authorizations and security measures for automated systems.
(c) Collect, process, store, and retrieve information, disclosure of which would require a significant intrusion into the business of the public body.
(7) A protective court order issued under the authority of this section shall not prevent a legislative committee, the Attorney General, the State Auditor or the Ethics Commission from obtaining access to information that is the subject of the protective order or from determining how that information may be used and reported. For purposes of this section, the term "legislative committee" means any standing, special, select or other committee of the House of Representatives or the Senate of the Mississippi State Legislature, or any joint committee of the Legislature composed of members of both the House of Representatives and the Senate, created by resolution, rule, statute or the Mississippi Constitution of 1890. A legislative committee may delegate its subpoena power to a subcommittee by a majority vote of the committee.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
