Bill Text: MS HB475 | 2017 | Regular Session | Introduced
Bill Title: The Public Transparency of Emails and Calendars Act; create.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB475 Detail]
Download: Mississippi-2017-HB475-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Rules; Accountability, Efficiency, Transparency
By: Representative Hughes
House Bill 475
AN ACT TO CREATE THE PUBLIC TRANSPARENCY OF EMAILS AND CALENDARS ACT TO REQUIRE ANY EMAILS OR CALENDARS REGARDING ANY LEGISLATION OR THE CARRYING OUT OF ANY OFFICIAL DUTIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES, AND ALL OF THEIR STAFF, TO BE PRESERVED AND MADE AVAILABLE TO THE PUBLIC FOR A PERIOD OF NOT LESS THAN TEN YEARS; TO AMEND SECTION 25-61-3, MISSISSIPPI CODE OF 1972, TO EXPAND THE DEFINITION OF "PUBLIC RECORDS" UNDER THE MISSISSIPPI PUBLIC RECORDS ACT TO INCLUDE THE RECORDS THAT ARE SUBJECT TO THIS ACT; TO AMEND SECTION 25-61-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LEGISLATURE SHALL NOT BE EXEMPT FROM THE PUBLIC RECORDS ACT FOR THE RECORDS THAT ARE SUBJECT TO THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as "The Public Transparency of Emails and Calendars Act."
SECTION 2. Any emails or calendars regarding any legislation or the carrying out of any official duties of the Governor, Lieutenant Governor, President of the Senate, Speaker of the House of Representatives, Speaker Pro Tempore of the House of Representatives, and all of their staff, shall be preserved and made available to the public for a period of not less than ten (10) years, regardless of whether or not a public or private server was used.
SECTION 3. Section 25-61-3, Mississippi Code of 1972, is amended as follows:
25-61-3. The following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Public body" shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof, and any municipal corporation and any other entity created by the Constitution or by law, executive order, ordinance or resolution. The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board. Except as otherwise provided in Section 2 of this act, within the meaning of this chapter, the term "entity" shall not be construed to include individuals employed by a public body or any appointed or elected public official.
(b) "Public records" shall mean all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body. "Public records" shall also mean the emails and calendars regarding any legislation or the carrying out of any official duties of the Governor, Lieutenant Governor, President of the Senate, Speaker of the House of Representatives, Speaker Pro Tempore of the House of Representatives, and all of their staff, required to be preserved and made available to the public under Section 2 of this act.
(c) "Data processing software" means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications and computer networking programs.
(d) "Proprietary software" means data processing software that is obtained under a licensing agreement and is protected by copyright or trade secret laws.
(e) "Incident report" means a narrative description, if such narrative description exists and if such narrative description does not contain investigative information, of an alleged offense, and at a minimum shall include the name and identification of each person charged with and arrested for the alleged offense, the time, date and location of the alleged offense, and the property involved, to the extent this information is known.
(f) "Investigative report" means records of a law enforcement agency containing information beyond the scope of the matters contained in an incident report, and generally will include, but not be limited to, the following matters if beyond the scope of the matters contained in an incident report:
(i) Records that are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm the investigation which may include crime scene reports and demonstrative evidence;
(ii) Records that would reveal the identity of informants and/or witnesses;
(iii) Records that would prematurely release information that would impede the public body's enforcement, investigative or detection efforts;
(iv) Records that would disclose investigatory techniques and/or results of investigative techniques;
(v) Records that would deprive a person of a right to a fair trial or an impartial adjudication;
(vi) Records that would endanger the life or safety of a public official or law enforcement personnel, or confidential informants or witnesses;
(vii) Records pertaining to quality control or PEER review activities; or
(viii) Records that would impede or jeopardize a prosecutor's ability to prosecute the alleged offense.
(g) "Law enforcement agency" means a public body that performs as one (1) of its principal functions activities pertaining to the enforcement of criminal laws, the apprehension and investigation of criminal offenders, or the investigation of criminal activities.
SECTION 4. Section 25-61-17, Mississippi Code of 1972, is amended as follows:
25-61-17. Nothing in this chapter shall be construed as denying the Legislature the right to determine the rules of its own proceedings and to regulate public access to its records. However, notwithstanding the provisions of this section, the Legislature shall be subject to the provisions of Sections 27-104-151 through 27-104-159 and The Public Transparency of Emails and Calendars Act.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
