Senate Bill 2852

AN ACT TO PROHIBIT PUBLIC AGENCIES FROM REQUIRING CERTAIN NONPROFIT ENTITIES TO DISCLOSE THE PERSONAL INFORMATION OF THEIR MEMBERS, SUPPORTERS, VOLUNTEERS AND DONORS IN CERTAIN CIRCUMSTANCES; TO LIMIT THE RELEASE OF THAT PERSONAL INFORMATION IF IT IS OBTAINED BY A PUBLIC AGENCY; TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, unless the context clearly requires otherwise:

(a) "Personal information" means any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter or volunteer of, or donor of financial or nonfinancial support to, any entity organized under Section 501(c) of the Internal Revenue Code. "Personal information" shall not include information reportable to the Secretary of State pursuant to Section 79-11-503(1)(b).

(b) "Public agency" means any state or local governmental unit, however designated, including, but not limited to, this state; any department, agency, office, commission, board, division or other entity of this state; any political subdivision of this state, including, but not limited to, a county, city, township, village, school district, community college district or any other local governmental unit, agency, authority, council, board or commission; or any state or local court, tribunal or other judicial or quasi-judicial body.

SECTION 2. (1) Notwithstanding any law to the contrary, and subject to subsection (3) of this section, a public agency shall not do any of the following:

(a) Require any entity organized under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information.

(b) If in the possession of personal information, a public agency shall not release, publicize or otherwise disclose that personal information without the express written permission of every identified member, supporter, volunteer or donor and the Section 501(c) entity that received their membership, support, volunteer time or donations.

(c) Request or require a current or prospective contractor with the public agency to provide the public agency with a list of entities organized under Section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

(2) Personal information is exempt from disclosure under the Mississippi Public Records Act, Section 25-61-1 et seq.

(3) This act does not preclude either of the following:

(a) Any lawful warrant for personal information issued by a court of competent jurisdiction.

(b) A lawful request for discovery of personal information in litigation if both of the following conditions are met:

(i) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and

(ii) The requestor obtains a protective order barring disclosure of personal information to any person not directly involved in the litigation. As used in this subparagraph, "person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

SECTION 3. (1) A person alleging a violation of this act may bring a civil action for appropriate injunctive relief, damages, or both. Damages awarded under this section may include one (1) of the following, as appropriate:

(a) A sum of money not less than Two Thousand Five Hundred Dollars ($2,500.00) to compensate for injury or loss caused by each violation of this act.

(b) For an intentional violation of this act, a sum of money not to exceed three (3) times the sum described in paragraph (a) of this subsection.

(2) A court, in rendering a judgment in an action brought under this act, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

SECTION 4. A person who knowingly violates this act is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than One Thousand Dollars ($1,000.00), or both.

SECTION 5. The requirements of this act shall not affect any provisions of the Mississippi Campaign Finance Law, Section 23-15-801 et seq.

SECTION 6. This act shall take effect and be in force from and after July 1, 2019.