Senate Bill 2865

AN ACT TO AMEND SECTION 25-61-7, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC BODIES TO EITHER POST COPIES OF MINUTES ON A PUBLICLY AVAILABLE WEBSITE OR PROVIDE ONE FREE COPY OF THE MINUTES PER REQUESTOR; TO ENACT CERTAIN TIMELINESS REQUIREMENTS FOR THE POSTING OF OFFICIAL MINUTES AND BUDGETS, AND DRAFT MINUTES AND BUDGETS, BY PUBLIC BODIES; TO CLARIFY THAT PUBLIC BODIES MAY IMPOSE A REASONABLE FEE FOR COPIES OF MINUTES AND BUDGETS UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-61-7, Mississippi Code of 1972, is amended as follows:

25-61-7. (1) Except as provided in subsections (2) and (3) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing * * *~~and/~~ or duplicating and, if applicable, mailing copies of public records. Any staff time or contractual services included in actual cost shall be at the pay scale of the lowest level employee or contractor competent to respond to the request. Such fees shall be collected by the public body in advance of complying with the request.

(2) A public body may establish a standard fee scale to reimburse it for the costs of creating, acquiring and maintaining a geographic information system or multipurpose cadastre as authorized and defined under Section 25-61-1 et seq., or any other electronically accessible data. Such fees must be reasonably related to the costs of creating, acquiring and maintaining the geographic information system, multipurpose cadastre or other electronically accessible data, for the data or information contained therein or taken therefrom and for any records, papers, accounts, maps, photographs, films, cards, tapes, recordings or other materials, data or information relating thereto, whether in printed, digital or other format. In determining the fees or charges under this subsection, the public body may consider the type of information requested, the purpose or purposes for which the information has been requested and the commercial value of the information.

(3) A public body must supply one (1) copy of its minutes per requestor free of charge unless the public body maintains a website on which the minutes are actually posted as required by law. A public body may charge as authorized in this section for additional copies of the same set of minutes to the same requestor. A public body may not require a requestor to state a reason for the request.

SECTION 2. If a public body has a website, all minutes must be posted to that website within three (3) days after being approved by the body. A draft copy of the minutes must be posted to the website not less than twenty-four (24) hours before the meeting at which the minutes are scheduled to be approved, and the minutes will include an addendum that states any changes, additions or deletions made to the draft copy at final adoption.

SECTION 3. If a public body has a website, every annual budget approved by the public body must be posted to that website within three (3) days after being approved by the body. A draft copy of the budget must be posted to the website not less than twenty-four (24) hours before the meeting at which the budget is scheduled to be approved, and there will also be posted on the website an addendum that states any changes, additions or deletions made to the draft copy of the budget at final adoption. If the public body does not have a website, or has a website and does not post the budget as required by this section, it must supply one (1) copy of the budget document per requestor free of charge. A public body may charge for additional copies of the budget to the same requestor. A public body may not require a requestor to state a reason for the request.

SECTION 4. The Mississippi Ethics Commission, upon request, will work with official associations of the various public bodies to offer classes and training on the proper recording of minutes of public bodies.

SECTION 5. This act shall take effect and be in force from and after July 1, 2017.