MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Ethics; Accountability, Efficiency, Transparency

By: Senator(s) Chassaniol

Senate Bill 2489

AN ACT TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "MEETING" FOR THE PURPOSES OF THE OPEN MEETINGS ACT; 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 such entity be created by statute or executive order, 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.  There shall be exempted from the provisions of this chapter:

              (i)  The judiciary, including all jury deliberations;

              (ii)  Public and private hospital staffs, public and private hospital boards and committees thereof;

              (iii)  Law enforcement officials;

              (iv)  The military;

              (v)  The State Probation and Parole Board;

              (vi)  The Workers' Compensation Commission;

              (vii)  Legislative subcommittees and legislative conference committees;

              (viii)  The arbitration council established in Section 69-3-19;

              (ix)  License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and

              (x)  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 a quorum is present at the same time and place and official business may be conducted over which the public body has supervision, control, jurisdiction or advisory power; "meeting" also means any such assemblage through the use of video or teleconference devices.  "Meeting" does not include serial assemblages of less than a quorum of members.

          (c)  "Quorum" means the number of members who must be present simultaneously, including through the use of video or teleconference devices, in a public body before official business may be conducted.

     SECTION 2.  This act shall take effect and be in force from and after its passage.