MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Constitution

By: Representative Shanks

House Bill 1118

AN ACT TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "PUBLIC BODY" IN THE PROVISIONS OF LAW REGULATING OPEN MEETINGS BY ADDING "SUBCOMMITTEE" TO THE DEFINITION; 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 or subcommittee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the 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 and the board of trustees of a community hospital as defined in Section 41-13-10.  The term "public body" includes the Mississippi Lottery Corporation.  There shall be exempted from the provisions of this chapter:

              (i)  The judiciary, including all jury deliberations;

              (ii)  Law enforcement officials;

              (iii)  The military;

              (iv)  The State Probation and Parole Board;

              (v)  The Workers' Compensation Commission;

              (vi)  Legislative * * *subcommittees and legislative conference committees;

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

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

              (ix)  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 over which the public body has supervision, control, jurisdiction or advisory power, including an assemblage through the use of video or teleconference devices that conforms to Section 25-41-5.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.