Senate Bill 2748

AN ACT TO AMEND SECTION 25-4-109, MISSISSIPPI CODE OF 1972, TO PROVIDE AN INCREASED MONETARY PENALTY FOR VIOLATIONS OF THE PUBLIC ETHICS LAWS ACCORDING TO THE AMOUNT OF PUBLIC MONEY INVOLVED IN THE VIOLATION; TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO REVISE THE CIVIL PENALTY TO BE ASSESSED BY THE COURT AGAINST THOSE WHO VIOLATE THE OPEN MEETINGS LAW; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO REVISE THE CIVIL PENALTY TO BE ASSESSED BY THE COURT AGAINST THOSE WHO VIOLATE THE OPEN RECORDS LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-4-109, Mississippi Code of 1972, is amended as follows:

25-4-109. (1) Upon a finding by clear and convincing evidence that any elected public servant or other person has violated any provision of this article, a circuit court of competent jurisdiction may censure the elected public servant or remove the elected public servant from office or impose a civil fine of not more than Five Thousand Dollars ($5,000.00) or both. If the circuit court finds that the violation involved public funds in the amount of Five Thousand Dollars ($5,000.00) or more, the civil fine imposed by the court shall be not less than Ten Thousand Dollars ($10,000.00) nor more than One Million Dollars ($1,000,000.00).

(2) Upon a finding by clear and convincing evidence that any nonelected public servant has violated any provision of this article, a circuit court of competent jurisdiction may censure, remove, suspend, or order a reduction in pay or demotion of the nonelected public servant or impose a civil fine of not more that Five Thousand Dollars ($5,000.00) or both. If the circuit court finds that the violation involved public funds in the amount of Five Thousand Dollars ($5,000.00) or more, the civil fine imposed by the court shall be not less than Ten Thousand Dollars ($10,000.00) nor more than One Million Dollars ($1,000,000.00).

SECTION 2. Section 25-41-15, Mississippi Code of 1972, is amended as follows:

25-41-15. The chancery courts of this state shall have the authority to enforce the provisions of this chapter upon application of any citizen of the state, and shall have the authority to issue injunctions or writs of mandamus to accomplish that purpose. If the court finds that a public body has willfully and knowingly violated the provisions of this chapter, the court shall impose a civil penalty upon each member of the public body in the sum of One Hundred Dollars ($100.00), plus the court shall order the payment of all reasonable expenses incurred by the person or persons in bringing suit to enforce this chapter, but not to exceed Ten Thousand Dollars ($10,000.00) in attorney's fees.

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

25-61-15. Any person who shall willfully and knowingly deny to any person access to any public record which is not exempt from the provisions of this chapter shall be liable civilly in the sum of One Hundred Dollars ($100.00), plus the court shall order the payment of all reasonable expenses incurred by the person or persons bringing the lawsuit, but not to exceed Ten Thousand Dollars ($10,000.00)_in attorney's fees.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004.