House Bill 1487

AN ACT TO AMEND SECTION 25-4-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI ETHICS COMMISSION SHALL INTERVENE ON BEHALF OF AN UNREPRESENTED PERSON WHEN A PUBLIC OFFICIAL APPEALS A DECISION OF THE COMMISSION TO THE CHANCERY COURT; TO PROVIDE THAT THE MISSISSIPPI ETHICS COMMISSION SHALL EMPLOY AN ATTORNEY WHEN THE COMMISSION IS UNABLE TO REPRESENT THAT PERSON; TO PROVIDE THAT THE CONTRACT HIRING SUCH ATTORNEY MUST BE APPROVED BY THE ATTORNEY GENERAL; TO AMEND SECTION 25-61-12, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI PUBLIC RECORDS ACT TO PROVIDE THAT ONCE AN INVESTIGATION HAS CONCLUDED OR A TRIAL HAS CONCLUDED, CERTAIN INVESTIGATIVE REPORTS SHALL BE SUBJECT TO THE MISSISSIPPI PUBLIC RECORDS ACT; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR A PERSON WHO VIOLATES THE REPORTING REQUIREMENTS OF THE MISSISSIPPI PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-4-19, Mississippi Code of 1972, is amended as follows:

25-4-19. The commission shall have the authority to do the following:

(a) (i) Make investigations, as provided in Section 25-4-21, with respect to statements of economic interest filed pursuant to this chapter and with respect to alleged failures to file any statement of economic interest as required pursuant to this chapter;

(ii) Administratively impose a civil penalty as provided in Sections 25-4-29 and 25-4-109;

(b) Request the assistance of the Attorney General, the Performance Evaluation and Expenditure Review Committee, the Department of Audit and any other governmental agency or political subdivision in the conduct of any investigation in which a particular resource of an agency may be needed;

(c) Administer oaths and issue and serve subpoenas upon any witness or for the production of documents before the commission, and such subpoenas may include a protective order requiring confidentiality of the subpoena, the subject matter, and any documents subpoenaed, and such subpoenas shall be enforced by the courts of this state;

(d) Report when necessary, as provided in Section 25-4-21(e), to the Attorney General and appropriate district attorney;

(e) Upon a complaint signed under oath by any person, including any member of the commission or its staff or referred to the commission by the Joint Legislative Committee on Performance Evaluation and Expenditure Review, investigate, as provided in Section 25-4-21, any alleged violation of law by public officials or public employees;

(f) Seek, in the name of and for the use and benefit of the State of Mississippi, or a political subdivision thereof, restitution or other equitable or legal remedies in civil law to recover public funds or property unlawfully taken, as well as any unjust enrichment, although not public funds, and to recover on bonds where the state or a political subdivision thereof is the beneficiary;

(g) Intervene on behalf of an unrepresented person when a public official appeals the decision of the commission to the chancery court as provided in Sections 25-41-15 and 25-61-13;

( * * *gh) Employ an attorney or attorneys to:

(i) Serve as a special prosecutor to assist the Attorney General or a district attorney; * * *~~and~~

(ii) File actions to seek restitution or other remedies to recover funds as provided in paragraph (f) of this section; and

(iii) Intervene on behalf of an unrepresented person when a public official appeals the decision of the commission to the chancery court as provided in Section 25-41-15 and 25-61-13 and the commission is unable to represent that person. The contract hiring such attorney must be approved by the Attorney General.

( * * *hi) Publish notices for posting in governmental offices that outline the jurisdiction and authority of the commission and the procedure for filing complaints and requesting opinions.

SECTION 2. Section 25-61-12, Mississippi Code of 1972, is amended as follows:

25-61-12. (1) The home address, any telephone number of a privately paid account or other private information of any law enforcement officer, criminal investigator, judge or district attorney or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney shall be exempt from the Mississippi Public Records Act of 1983. This exemption does not apply to any court transcript or recording if given under oath and not otherwise excluded by law.

(2) (a) When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter; however, a law enforcement agency, in its discretion, may choose to make public all or any part of any investigative report. Once an investigation has concluded with no indictment or, if an indictment was issued and the resulting trial has concluded, the investigative reports shall no longer be exempt from the provisions of this chapter.

(b) Nothing in this chapter shall be construed to prevent any and all public bodies from having among themselves a free flow of information for the purpose of achieving a coordinated and effective detection and investigation of unlawful activity. Where the confidentiality of records covered by this section is being determined in a private hearing before a judge under Section 25-61-13, the public body may redact or separate from the records the identity of confidential informants or the identity of the person or persons under investigation or other information other than the nature of the incident, time, date and location.

(c) Nothing in this chapter shall be construed to exempt from public disclosure a law enforcement incident report. An incident report shall be a public record. A law enforcement agency may release information in addition to the information contained in the incident report.

(d) Nothing in this chapter shall be construed to require the disclosure of information that would reveal the identity of the victim.

(3) Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board, shall be exempt from the provisions of this chapter.

(4) Records of a public hospital board relating to the purchase or sale of medical or other practices or other business operations, and the recruitment of physicians and other health care professionals, shall be exempt from the provisions of this chapter.

SECTION 3. Section 25-61-15, Mississippi Code of 1972, is amended as follows:

25-61-15. (1) 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 or her personal capacity in a sum not to exceed * * * Two Hundred Dollars ($200.00) for the first violation, plus all reasonable expenses incurred by such person bringing the proceeding.

(2) If a person has been held civilly liable in his or her personal capacity as provided for in subsection (1) of this section, and knowingly violates subsection (1) for a second time regarding a separate public records request, that person may be liable civilly in his or her personal capacity in a sum not to exceed Five Hundred Dollars ($500.00) for the second violation, plus all reasonable expenses incurred by such person bringing the proceeding.

(3) If a person has been held civilly liable in his or her personal capacity as provided for in subsections (1) and (2) of this section, and knowingly violates those subsections for a third or subsequent time regarding a separate public records request, that person may be liable civilly in his or her personal capacity in a sum not to exceed One Thousand Dollars ($1,000.00) for each subsequent 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, 2019.