Bill Text: MS SB2667 | 2023 | Regular Session | Introduced
Bill Title: Open Meetings law; amend to include Legislature and provide judicial enforcement of.
Spectrum: Strong Partisan Bill (Republican 19-1)
Status: (Failed) 2023-01-31 - Died In Committee [SB2667 Detail]
Download: Mississippi-2023-SB2667-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Barrett, Williams, Branning, England, Tate, McCaughn, Younger, Caughman, Seymour, Whaley, McLendon, Wiggins, Blount, Moran, Boyd, Hill, DeBar, Chism, Suber, Sparks
Senate Bill 2667
AN ACT TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO CLEARLY SUBJECT THE LEGISLATURE TO THE PROVISIONS OF THE OPEN MEETINGS LAW; TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THE OPTION OF FIRST SEEKING REDRESS FOR A VIOLATION OF THE OPEN MEETINGS LAW IN CHANCERY COURT; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR A VIOLATION OF THE PUBLIC RECORDS ACT FROM $100.00 TO $500.00; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-41-3, Mississippi Code of 1972, is amended as follows:
25-41-3. For purposes of this chapter, the following words shall have the meaning ascribed herein, to wit:
(a) "Public body"
means any executive or administrative board, commission, authority, council, department,
agency, bureau or any other policymaking entity, or committee thereof, of the State
of Mississippi, or any political subdivision or municipal corporation of the state,
whether the entity be created by statute or executive order, which is supported
wholly or in part by public funds or expends public funds, the Mississippi Legislature
and any standing, interim or special committee * * * thereof.
The term "public body" includes the governing board of a charter school
authorized by the Mississippi Charter School Authorizer Board and the board of trustees
of a community hospital as defined in Section 41-13-10. The term "public body"
includes the Mississippi Lottery Corporation. There shall be exempted from the
provisions of this chapter:
(i) The judiciary, including all jury deliberations;
(ii) Law enforcement officials;
(iii) The military;
(iv) The State Probation and Parole Board;
(v) The Workers' Compensation Commission;
(vi) Legislative subcommittees and legislative conference committees;
(vii) The arbitration council established in Section 69-3-19;
(viii) License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and
(ix) Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15.
(b) "Meeting"
means * * *
a quorum of members of a public body * * * that
may deliberate or act upon any matter over which the public body has supervision,
control, jurisdiction or advisory power, including an assemblage through the use
of video or teleconference devices that conforms to Section 25-41-5.
SECTION 2. Section 25-41-15, Mississippi Code of 1972, is amended as follows:
25-41-15. (1) Any party may petition the chancery court of the county in which the public body is located to adjudicate an alleged violation of this chapter. In any such appeal the chancery court shall conduct a de novo review.
(2) The Mississippi
Ethics Commission shall have * * * concurrent authority to enforce the
provisions of this chapter upon a complaint filed by any person. Upon
receiving a complaint, the commission shall forward a copy of the complaint to
the head of the public body involved. The public body shall have fourteen (14)
days from receipt of the complaint to file a response with the commission.
After receiving the response to the complaint or, if no response is received
after fourteen (14) days, the commission, in its discretion, may dismiss the
complaint or proceed by setting a hearing in accordance with rules and
regulations promulgated by the Ethics Commission.
After a hearing, the Ethics Commission may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter. If the Ethics Commission finds that a member or members of a public body has willfully and knowingly violated the provisions of this chapter, the Ethics Commission may impose a civil penalty upon the individual members of the public body found to be in violation of the provisions of this chapter in a sum not to exceed Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter.
Nothing in this chapter shall be construed to prohibit the Ethics Commission from mediating or otherwise resolving disputes arising under this chapter or from entering orders agreed to by the parties. In carrying out its responsibilities under this section, the Ethics Commission shall have all the powers and authority granted to it in Title 25, Chapter 4, Mississippi Code of 1972.
* * *
SECTION 3. Section 25-61-15, Mississippi Code of 1972, is amended as follows:
25-61-15. Any person who
shall deny to any person access to any public record which is not exempt from
the provisions of this chapter or who charges an unreasonable fee for providing
a public record may be liable civilly in his personal capacity in a sum not to
exceed * * * Five Hundred Dollars ($500.00) per
violation, plus all reasonable expenses incurred by such person bringing the
proceeding.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.
