MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Boyd
AN ACT TO AMEND SECTION 25-41-5, MISSISSIPPI CODE OF 1972, TO REQUIRE OFFICIAL MEETINGS OF CERTAIN PUBLIC BODIES, WITH EXCEPTIONS, TO BE BROADCAST VIA VIDEO LIVESTREAMING APPLICATIONS ON THE FRONT PAGE OF THE OFFICIAL WEBSITE OF EACH RESPECTIVE AGENCY, TO REQUIRE INFORMATION TO BE INCLUDED IN ALL PUBLIC NOTICES, AND TO PROVIDE THAT ANY ACTION TAKEN BY SUCH A PUBLIC BODY FAILING TO COMPLY WITH LIVESTREAMING REQUIREMENTS IS VOID AND OF NO EFFECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-41-5, Mississippi Code of 1972, is amended as follows:
25-41-5. (1) All official meetings of any public body, unless otherwise provided in this chapter or in the Constitutions of the United States of America or the State of Mississippi, are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section 25-41-7.
(2) A public body may conduct any meeting through teleconference or video means. A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided that the equipment used is located at the place where the public body normally meets or at a public location specified in any notice of a special meeting, and provided that the equipment allows all members of the public body and members of the public who attend the meeting to hear the deliberations of the public body.
(3) An agenda and materials that will be distributed to members of the public body and that have been made available to the staff of the public body in sufficient time for duplication and forwarding to the members of the public body shall be made available to the public at the time of the meeting. Votes taken during any meeting conducted through teleconference or video means shall be taken in a manner that is clearly audible or visible to all members of the public body and to members of the public present at the public location.
(4) In addition to the requirements of subsections (1), (2) and (3) of this section, except for executive sessions and other meetings expressly authorized by law to be closed, all regular and special meetings of all public bodies shall be broadcast via video livestreaming applications on the front page of the official website of each respective public body or on a designated government channel. Public notices of such meetings shall also be broadcast online in the same manner and shall contain the agenda of matters to be discussed at the respective meeting in sufficient detail as to notify the public of what will be discussed, and the online link shall be included in all public notices. Any action of a public body taken at a meeting is void and of no effect if the public body fails to comply with the public notice of the agenda to be discussed or fails to comply with the livestreaming broadcasting requirement pursuant to this subsection (4). This subsection (4) shall not apply to the Legislature or any of its component units, the judiciary or any of its component units, a political subdivision or municipal corporation of the state or any of the administrative units of a political subdivision or municipal corporation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.