Senate Bill 2565

AN ACT TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF PUBLIC BODY; TO CREATE NEW SECTION 25-41-4, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC BODIES TO CREATE AND MAINTAIN A PUBLIC NOTICE LIST; TO AMEND SECTION 25-41-5, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE BY EMAIL OF MEETING TIMES TO THOSE ON THE PUBLIC NOTICE LIST; TO AMEND SECTION 25-41-11, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS RELATING TO THE AVAILABILITY OF MINUTES OF THE MEETINGS OF PUBLIC BODIES; 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, and whether elected by the voters of Mississippi or not, or appointed by any elected public official or officials or other public body or bodies, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature. 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 and, without limitation, a municipality, county, the state, a school district, a levee district, community and junior colleges, university officials, and all committees and subcommittees, including advisory or professional committees related to any public entity that discusses and recommends or votes on any public issue. 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 an assemblage of members of a public body at which official acts may be taken upon a 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. The following shall be codified as Section 25-41-4, Mississippi Code of 1972:

25-41-4. (1) (a) All pubic bodies must create and maintain a public notice list of email addresses of Mississippi residents who ask to be notified of the day, date, time and place of all regular and special meetings of the body. The public body must email to all addresses on the public notice list notice of the day, date, time and place of all regular and special meetings of the body, and an agenda reflecting the topics that will be discussed, not less than seventy-two (72) hours before the convening of each meeting or within one (1) business day of the time the meeting is set, whichever is earlier.

(b) All public bodies must create and maintain a members and key staff list of the names, area or entity represented, and email addresses of the members, and the names and email addresses of the key staff of the body. The list must be maintained on the webpage of the appointing body, or be accessible by a link to the list clearly visible near the top of the webpage.

SECTION 3. 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 and also by compliance with Section 25-41-4. 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) The public body must also include an email address or phone number at which to contact staff to be added to the public notice list on its webpage.

SECTION 4. Section 25-41-11, Mississippi Code of 1972, is amended as follows:

25-41-11. (1) Minutes shall be kept of all meetings of a public body, whether in open or executive session, showing the members present and absent; the date, time and place of the meeting; an accurate recording of any final actions taken at such meeting; and a record, by individual member, of any votes taken; and any other information that the public body requests be included or reflected in the minutes. The minutes shall be recorded within * * * forty-eight (48) hours after recess or adjournment * * * ~~and~~, shall be open to public inspection during regular business hours, and shall be emailed to all the addresses on the public notice list and posted on the webpage within forty-eight (48) hours.

(2) Minutes of a meeting conducted by teleconference or video means shall comply with the requirements of Section 25-41-5.

(3) Minutes of legislative committee meetings shall consist of a written record of attendance and final actions taken at such meetings.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.