House Bill 1309

(As Passed the House)

AN ACT TO AMEND SECTION 37-11-51, MISSISSIPPI CODE OF 1972, TO ADD EXEMPTIONS FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983 FOR CERTAIN ACADEMIC RECORDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-51, Mississippi Code of 1972, is amended as follows:

37-11-51. (1) Test questions and answers in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are to be used in future academic examinations, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(2) Letters of recommendation in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, respecting admission to any educational agency or institution, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(3) (a) Except as provided under paragraph (b) of this subsection, documents, records, papers, data, protocols, information or materials in the possession of a community college or state institution of higher learning that are created, collected, developed, generated, ascertained or discovered during the course of academic research shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(b) The exemption provided under paragraph (a) of this subsection shall not be applicable if the academic research has been published, copyrighted or patented unless:

(i) Another exemption applies;

(ii) Such information was provided to the institution subject to a written agreement of confidentiality;

(iii) Public disclosure could reasonably affect the ability of the college or institution to protect intellectual property rights; or

(iv) Public disclosure would pose a danger to a person or property.

(c) The exemption provided under paragraph (a) of this subsection shall not be applicable if the research involves human embryos.

(4) Unpublished manuscripts, preliminary analysis, drafts of scientific or academic papers, plans or proposals for future research, and prepublication peer reviews in the possession of a community college or state institution of higher learning shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.