Bill Text: MS SB2617 | 2013 | Regular Session | Introduced

Mississippi Senate Bill 2617 (Prior Session Legislation)

Introduced

Bill Title: Public Records Act; provide exemption for unpublished research records of community colleges and universities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-02-14 - Died On Calendar [SB2617 Detail]

Download: Mississippi-2013-SB2617-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Universities and Colleges; Accountability, Efficiency, Transparency

By: Senator(s) Jackson (15th)

Senate Bill 2617

AN ACT TO AMEND SECTION 37-11-51, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXEMPTION FROM THE MISSISSIPPI PUBLIC RECORDS ACT FOR CERTAIN RECORDS CREATED OR COLLECTED IN THE COURSE OF ACADEMIC RESEARCH; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-51, Mississippi Code of 1972, is amended as follows:

37-11-51. (1) Test questions and answers in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are to be used in future academic examinations, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(2) Letters of recommendation in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, respecting admission to any educational agency or institution, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(3) (a) Except as provided in subsection (3)(b) of this section, documents, records, papers, data, protocols, information or materials in the possession of a community college or state institution of higher learning that are created, collected, developed, generated, ascertained or discovered during the course of academic research, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(b) The exemption under subsection (3)(a) of this section shall not apply if the academic research has been published, copyrighted or patented unless:

(i) Another exemption applies;

(ii) The information was provided to the institution subject to a written agreement of confidentiality;

(iii) Public disclosure could reasonably affect the ability of the college or institution to protect intellectual property rights; or

(iv) Public disclosure would pose a danger to a person or property.

(4) Unpublished manuscripts, preliminary analyses, drafts of scientific or academic papers, plans or proposals for future research and prepublication peer reviews in the possession of a community college or state institution of higher learning, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.