House Bill 788

AN ACT TO AMEND SECTIONS 27-101-1 AND 27-101-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE ANNUAL REPORT REQUIRED TO BE PREPARED BY EACH BOARD, AGENCY, COMMISSION AND DEPARTMENT OF GOVERNMENT, AND BY EACH EDUCATIONAL, ELEEMOSYNARY AND OTHER INSTITUTION OF THE STATE SUPPORTED IN WHOLE OR PART BY THE STATE, SHALL BE PUBLISHED ELECTRONICALLY ON THE OFFICIAL INTERNET WEB SITE OF THE RESPECTIVE ENTITY; TO AMEND SECTION 21-101-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION MAY AUTHORIZE THE NONELECTRONIC PUBLICATION OF A LIMITED NUMBER OF COPIES OF SUCH ANNUAL REPORTS IN MERITORIOUS CASES; TO AMEND SECTION 25-51-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ELECTRONIC FORM OF EACH AGENCY PUBLICATION SHALL CONSTITUTE THE PUBLIC RECORD OF THAT AGENCY, FOR PURPOSES OF THE MISSISSIPPI LIBRARY COMMISSION BEING THE STATE DEPOSITORY FOR PUBLIC RECORDS OF ANY GOVERNMENT AGENCY; TO AMEND SECTIONS 25-51-3 THROUGH 25-51-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-101-1, Mississippi Code of 1972, is amended as follows:

27-101-1. (1) Each and every educational, eleemosynary and other institution of the State of Mississippi supported in whole or in part by the state, and each and every board, agency, commission and department of government, except the Departments of Insurance and of Education, shallprepare, on or before December 31 of each year, a detailed report covering the annual period ending the preceding June 30. The Insurance Department shall prepare, on or before December 31 of each year, a like report covering the annual period ending the preceding March 1. The Department of Education shall prepare, on or before December 31 of each year, a like report covering the annual period ending the preceding August 30.

(2) Each agency, board, commission, department and institution required by this section to prepare an annual report also shall prepare an executive summary of the report that is not more than three (3) pages long.

SECTION 2. Section 27-101-3, Mississippi Code of 1972, is amended as follows:

27-101-3. * * * Each annual report required by Section 27-101-1 shall be published electronically on the official Internet web site of the respective institutions, board, agency, commission or department. One (1) copy of the executive summary of each annual report shall be sent to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives * * *. Each person to whom an executive summary is sent may receive the information necessary to obtain the annual report in electronic form, upon request to the agency, board, commission, department or institution that prepared the report.

SECTION 3. Section 27-101-5, Mississippi Code of 1972, is amended as follows:

27-101-5. TheDepartment of Finance and Administration may authorize the nonelectronic publication of a limited number of copies of the annual or other reports in meritorious cases.

SECTION 4. Section 25-51-1, Mississippi Code of 1972, is amended as follows:

25-51-1. The Mississippi Library Commission, hereinafter referred to as the "commission," shall be the state depository for the public records issued by any government agency for public distribution. Each agency publication shall be made available in an electronic form and the electronic form shall constitute the public record. The record shall be placed on the official Internet web site of the commission. The libraries of state agencies, public junior colleges, colleges, public universities and public libraries located in the state may also become depositories of state agency publications that are available on the commission's official Internet web site, when designated as such by the director of the * * * commission upon their written request to this effect.

SECTION 5. Section 25-51-3, Mississippi Code of 1972, is amended as follows:

25-51-3. Each agency of state government shall furnish to the director of the * * * commission the necessary information to provide its publications and public records in an electronic form for placement on the official Internet web site of the commission. The director of the * * * commission shall transmit this information to each depository * * *. These records shall be made accessible by the depository receiving them to any person desiring to examine the same.

SECTION 6. Section 25-51-5, Mississippi Code of 1972, is amended as follows:

25-51-5. Each agency of state government shall furnish annually to the director of the * * * commission * * * a list of all its publications made available for public distribution * * *.

SECTION 7. Section 25-51-7, Mississippi Code of 1972, is amended as follows:

25-51-7. A recorder of documents shall be appointed by the director of the * * * commission in his office, whose functions shall be to administer the provisions of Sections 25-51-1 through 25-51-5, under the supervision of the director of the * * * commission.

SECTION 8. This act shall take effect and be in force from and after July 1, 2005.