reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-21 - Consent of director required for disposal of public records; rules and regulations

No person may destroy, sell, loan or otherwise dispose of any public record without the consent of the director. The department shall adopt reasonable rules and regulations, not inconsistent with this chapter, which shall be binding on all state agencies and appointed and elected state officials, relating to the destruction and disposal of records. Such rules and regulations shall include, but not be limited to: procedures for complying and submitting to the department lists and schedules of records proposed for disposal; procedures for the physical destruction or other disposal of records; and standards for the reproduction of records for security and with a view to the disposal of the original record.
Laws, 1981, ch. 501, § 11, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-23 - Penalties for offenses involving records

The theft, or deliberate alienation, alteration or destruction of records by any person or persons in a manner not authorized by an applicable records control schedule, or the unlawful divulging of restricted information under this chapter shall constitute a misdemeanor, punishable by a fine of not less than five hundred dollars ($500.00) and not greater than one thousand dollars ($1,000.00).
Laws, 1981, ch. 501, § 12, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-25 - Limitation on personal liability; closed or restricted records; compliance with requirements as to location for keeping records

(1)
No person acting in compliance with the provisions of this chapter shall be held personally liable. If it becomes necessary for archivists or records analysts on the staff of the department to inspect closed or restricted records in order to appraise them for archival significance those archivists or records analysts shall not be held liable under law for such inspection. It shall be unlawful for such archivists or records analysts to divulge any information contained in the closed or restricted records.
(2)
Whenever laws and regulations prescribe where a record series must be kept, the custodian of such records shall be considered in compliance with those laws, rules and regulations if he transfers the records to a local holding area, a records center or the Mississippi State Archives when he does so in accordance with an approved records control schedule. All local governmental bodies in this state are hereby authorized and empowered, in their discretion, to transfer records, after the expiration of time when such bodies no longer have to retain the records, to a public library or to a local historical or archival group which has been incorporated and operates as a private, nonprofit corporation. Any local governmental body which desires to transfer records to a local historical or archival group or public library shall have certification from the department prior to the records being transferred indicating that such entity has satisfied all the rules and regulations of the department and that the department has officially approved such entity as a records depository. The title to all records transferred to any local historical or archival group or public library shall remain in the local governmental body which transfers the records to such entity, and the ultimate authority over the records shall continue to reside with the person charged with the responsibility for making and keeping the records. Any local governmental body may also request certification from the department of the body's own record storage area for records which the body determines to retain in its custody.
Laws, 1981, ch. 501, § 13; Laws, 1990, ch. 391, § 2; Laws, 1996, ch. 537, § 6, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-27 - Records to be open for public use; exceptions; disposal of closed and restricted records

All records for which title has been transferred to the Mississippi Department of Archives and History shall be open for public use at a reasonable time and place under rules and regulations adopted by the Board of Trustees of the Mississippi Department of Archives and History with the exception of those records specifically prohibited from being opened to inspection by state law, federal law, court order, by contractual agreement with a private third party or by agency request consistent with law. Records such as income tax returns, medical records, scholastic records, adoption records and other records which by law are required to be closed to the public shall not be deemed to be made open to the public under the provisions of this chapter, nor shall the definition of public records include those records which it is shown that the public interest is best served by not disclosing to the public. For purposes of records management closed and restricted records may be disposed of in accordance with the provisions of this chapter for the disposal of public records.
Laws, 1981, ch. 501, § 14; Laws, 1990, ch. 406, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-29 - Reproduction of records and storage of copies; destruction of originals

Any custodian of public records as defined by this chapter is authorized to reproduce any part of the records kept by the office concerned unless otherwise prohibited by law or withheld from reproduction in the public interest. Such copies shall be produced by equipment and systems which shall accurately reproduce and preserve the original record in all material details and in a durable form. Each agency shall preserve such reproductions in conveniently accessible files and provide for preserving, examining and using them. If the records are of enduring value to the agency concerned or are determined to be of archival value by the Mississippi Department of Archives and History, the reproduction and storage methods and procedures used must meet standards approved by the department. One (1) master copy of each record of enduring or archival value reproduced shall be deposited with the department. Custodians of public records may destroy the original records from which the reproductions have been made, or any part of them, provided that (a) the records are of no value to the agency concerned, (b) the Mississippi Department of Archives and History certifies that the records may be destroyed through the provisions of retention schedules approved by the state records committee, and (c) the records microfilmed or reproduced and approved for destruction are reported to the Mississippi Department of Archives and History in such manner as it may direct. Any such reproduction or copy of any original record or other document shall be deemed to be the original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplified or certified copy thereof shall for all purposes be deemed to be a transcript or certified copy of the original record.
Laws, 1981, ch. 501, § 15; Laws, 1996, ch. 453, § 5, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 59 - ARCHIVES AND RECORDS MANAGEMENT (§§ 25-59-1 — 25-59-31) › Section 25-59-31 - Transition from existing program of reproduction and destruction of records

In order to provide for an orderly implementation of this chapter, the department shall not disrupt the current microfilming and destruction of public records pursuant to law. Provided, however, that such agencies shall make no further disposition of public records without the approval of the director of the Mississippi Department of Archives and History pursuant to rules and regulations promulgated to implement this chapter.
Laws, 1981, ch. 501, § 16, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 60 - LOCAL GOVERNMENT RECORDS (§§ 25-60-1 — 25-60-5) › Section 25-60-1 - Local Government Records Committee

There is hereby created the Local Government Records Committee. The committee shall be composed of the following members: the Attorney General, or his designee; the Secretary of State, or his designee; the State Auditor of Public Accounts, or his designee; the Chairman of the State Tax Commission, or his designee; the Director of the State Department of Archives and History, or his designee; a representative from each of the following organizations, to be designated by the head of each organization for a term of two (2) years with a limit of not more than two (2) terms: the Family Research Association of Mississippi, Inc., the Mississippi Association of Supervisors, The Mississippi Bar, the Mississippi Chancery Clerks' Association, the Mississippi Circuit Clerks' Association, the Mississippi City Clerks' Association, the Mississippi Historical Society, the Mississippi Municipal Association, the Mississippi Sheriffs' Association, the Mississippi Superintendents of Education Association, the Mississippi Tax Assessors' Association and the Mississippi Tax Collectors' Association; and one (1) resident of this state appointed by the Governor for a term of two (2) years with a limit of not more than two (2) terms. The Director of the Department of Archives and History shall be chairman of the committee. Members of the committee shall receive per diem as provided in Section
25-3-69
, and shall be reimbursed for necessary expenses and travel as provided in Section
25-3-41
.
It is the duty of the committee to review, approve, disapprove, amend or modify records control schedules submitted by the Local Government Records Office, municipalities, municipal courts and counties for the disposition of records based on administrative, legal, fiscal or historical value. When the Mississippi Supreme Court designates the Department of Archives and History as the records management agency for courts, it is the duty of the committee to review, approve, disapprove, amend or modify records control schedules submitted by justice, county, circuit and chancery courts. Such records control schedules, once approved, shall be authoritative and directive, and shall have the force and effect of law.
It is the duty of municipalities and counties to cooperate with the committee in complying with the provisions of this section.
The committee is authorized to promulgate any rules and regulations necessary to implement the authority granted to it in this section.
Laws, 1996, ch. 537, § 1; Laws, 1997, ch. 452, § 1; Laws, 2006, ch. 495, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 60 - LOCAL GOVERNMENT RECORDS (§§ 25-60-1 — 25-60-5) › Section 25-60-3 - Establishment of regional records centers; certification and administration

Counties and municipalities are hereby authorized to establish regional records centers for the storage, preservation and use of permanently valuable county and municipal records and of inactive county and municipal records which are required to be retained for a prescribed period of time but which are not needed to be kept in the creating office. Such regional records centers may be jointly established and maintained pursuant to agreements executed under the Interlocal Cooperation Act of 1974. Any center established under this section must either be certified by the Department of Archives and History as provided for historical or archival groups or public libraries in Section
25-59-25(2)
, or be administered by the Department of Archives and History pursuant to a contract between the department and the local government which established the center.
Laws, 1996, ch. 537, § 3; Laws, 2006, ch. 495, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 60 - LOCAL GOVERNMENT RECORDS (§§ 25-60-1 — 25-60-5) › Section 25-60-5 - Document filing fee

(1)
Except as provided in subsection (2) of this section, any county or municipal official or employee who accepts documents for filing as public records shall, in addition to any other fee provided elsewhere by law, collect a fee of One Dollar ($1.00) for each document so filed. In municipalities and counties that collect Three Hundred Dollars ($300.00) or more per month from the filing fee, the official or employee collecting the fee shall, on or before the last day of each month, deposit the avails of Fifty Cents (50¢) of the fee into the general fund of the county or municipality, as appropriate, and remit the remainder to the State Treasurer who shall deposit it to the credit of a statewide local government records management fund which is hereby created in the State Treasury. In municipalities and counties that collect less than Three Hundred Dollars ($300.00) per month from the filing fee, the avails of Fifty Cents (50¢) of the fee shall be remitted to the State Treasurer on a quarterly basis for deposit as provided in the previous sentence. Any monies remaining in the fund at the end of a fiscal year shall not lapse into the General Fund of the State Treasury. Counties and municipalities shall expend monies derived from the fee hereinabove imposed solely to support proper management of their official records in accordance with records management standards established by the Department of Archives and History. Monies in the Local Government Records Management Fund shall be expended by the Department of Archives and History, pursuant to legislative appropriation, to support the Local Government Records Office of the department and to support a local records management grant program as funds permit.
(2)
The fee provided in subsection (1) of this section shall not be collected in any county until the board of supervisors, by resolution spread upon its minutes, determines that it will collect the fee.
(3)
Each municipality and participating county may collect the filing fee provided for in this section on filings in any court subject to their respective jurisdiction.
Laws, 1996, ch. 537, § 4; Laws, 1997, ch. 452, § 2; Laws, 2006, ch. 495, § 3, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-1 - Short title; legislative policy regarding right of access to records

This chapter shall be known and may be cited as the "Mississippi Public Records Act of 1983." It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by Chapter 453, Laws of 1996. Furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic record keeping, each agency must ensure reasonable access to records electronically maintained, subject to the rules of records retention.
Laws, 1983, ch. 424, § 1; Laws, 1996, ch. 453, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-2 - State policy regarding access to public records

It is the policy of this state that public records shall be available for inspection by any person unless otherwise provided by this chapter; furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records. As each public body increases its use of, and dependence on, electronic record keeping, each public body must ensure reasonable access to records electronically maintained, subject to records retention.
Laws, 1996, ch. 537, § 5, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-7 - Fees for costs incident to providing records

(1)
Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records. Any staff time or contractual services included in actual cost shall be at the pay scale of the lowest level employee or contractor competent to respond to the request. Such fees shall be collected by the public body in advance of complying with the request.
(2)
A public body may establish a standard fee scale to reimburse it for the costs of creating, acquiring and maintaining a geographic information system or multipurpose cadastre as authorized and defined under Section
25-61-1
et seq., or any other electronically accessible data. Such fees must be reasonably related to the costs of creating, acquiring and maintaining the geographic information system, multipurpose cadastre or other electronically accessible data, for the data or information contained therein or taken therefrom and for any records, papers, accounts, maps, photographs, films, cards, tapes, recordings or other materials, data or information relating thereto, whether in printed, digital or other format. In determining the fees or charges under this subsection, the public body may consider the type of information requested, the purpose or purposes for which the information has been requested and the commercial value of the information.
Laws, 1983, ch. 424, § 4; Laws, 1999, ch. 466, § 2, eff. 7/1/1999.
Amended by Laws, 2014, ch. 416, HB 928, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-10 - Access to records stored, manipulated or retrieved by sensitive software; acquisition, modification, etc., of systems, etc., used for creation or maintenance of public records data bases

(1)
Except as otherwise provided in Section
25-61-11.2
, any public body that uses sensitive software, as defined in Section
25-61-9
, or proprietary software must not thereby diminish the right of the public to inspect and copy a public record. A public body that uses sensitive software, as defined in Section
25-61-9
, or proprietary software to store, manipulate, or retrieve a public record will not be deemed to have diminished the right of the public if it either:
(a)
if legally obtainable, makes a copy of the software available to the public for application to the public records stored, manipulated, or retrieved by the software; or
(b)
ensures that the software has the capacity to create an electronic copy of each public record stored, manipulated, or retrieved by the software in some common format such as, but not limited to, the American Standard Code for Information Interchange.
(2)
A public body shall provide a copy of the record in the format requested if the public body maintains the record in that format, and the public body may charge a fee which must be in accordance with Section
25-61-7
.
(3)
Before a public body acquires or makes a major modification to any information technology system, equipment, or software used to store, retrieve, or manipulate a public record, the public body shall adequately plan for the provision of public access and redaction of exempt or confidential information by the proposed system, equipment or software.
(4)
A public body may not enter into a contract for the creation or maintenance of a public records data base if that contract impairs the ability of the public to inspect or copy the public records of that agency, including public records that are online or stored in an information technology system used by the public body.
Laws, 1996, ch. 453, § 4, eff. 7/1/1996.
Amended by Laws, 2019, ch. 443, SB 2046,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-11 - Records exempted or privileged by law

The provisions of this chapter shall not be construed to conflict with, amend, repeal or supersede any constitutional law, state or federal statutory law, or decision of a court of this state or the United States which at the time this chapter is effective or thereafter specifically declares a public record to be confidential or privileged, or provides that a public record shall be exempt from the provisions of this chapter.
Laws, 1983, ch. 424, § 6, eff. 7/1/1983.
Amended by Laws, 2015, ch. 484, SB 2407, 4, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-11.1 - Exemption for private information of persons possessing a weapon permit

The name, home address, any telephone number or other private information of any person who possesses a weapon permit issued under Section
45-9-101
or Section
97-37-7
shall be exempt from the Mississippi Public Records Act of 1983.
Added by Laws, 2013, ch. 307, HB 485, 1, eff. 3/4/2013.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-11.2 - Exemption for certain information technology records

The following information technology (IT) records shall be exempt from the Mississippi Public Records Act of 1983:
(a)
IT infrastructure details, including network architecture, schematics, and IT system designs;
(b)
Source code;
(c)
Detailed hardware and software inventories;
(d)
Security plans;
(e)
Vulnerability reports;
(f)
Security risk assessment details;
(g)
Security compliance reports;
(h)
Authentication credentials;
(i)
Security policies and processes;
(j)
Security incident reports; and
(k)
Any audit, assessment, compliance report, work papers or any combination of these that if disclosed could allow unauthorized access to the state's IT assets.
Added by Laws, 2019, ch. 443, SB 2046,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-12 - Exemption for private information of law enforcement, judicial and prosecutorial personnel; exceptions

(1)
The home address, any telephone number of a privately paid account or other private information of any law enforcement officer, criminal investigator, judge or district attorney or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney shall be exempt from the Mississippi Public Records Act of 1983. This exemption does not apply to any court transcript or recording if given under oath and not otherwise excluded by law.
(2)
(a)
When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter; however, a law enforcement agency, in its discretion, may choose to make public all or any part of any investigative report.
(b)
Nothing in this chapter shall be construed to prevent any and all public bodies from having among themselves a free flow of information for the purpose of achieving a coordinated and effective detection and investigation of unlawful activity. Where the confidentiality of records covered by this section is being determined in a private hearing before a judge under Section
25-61-13
, the public body may redact or separate from the records the identity of confidential informants or the identity of the person or persons under investigation or other information other than the nature of the incident, time, date and location.
(c)
Nothing in this chapter shall be construed to exempt from public disclosure a law enforcement incident report. An incident report shall be a public record. A law enforcement agency may release information in addition to the information contained in the incident report.
(d)
Nothing in this chapter shall be construed to require the disclosure of information that would reveal the identity of the victim.
(3)
Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board, shall be exempt from the provisions of this chapter.
(4)
Records of a public hospital board relating to the purchase or sale of medical or other practices or other business operations, and the recruitment of physicians and other health care professionals, shall be exempt from the provisions of this chapter.
Laws, 2006, ch. 440, § 1; Laws, 2008, ch. 392, § 3, eff. 7/1/2008.
Amended by Laws, 2015, ch. 484, SB 2407, 5, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-15 - Penalty for wrongful denial of access to record

Any person who shall deny to any person access to any public record which is not exempt from the provisions of this chapter or who charges an unreasonable fee for providing a public record may be liable civilly in his personal capacity in a sum not to exceed One Hundred Dollars ($100.00) per violation, plus all reasonable expenses incurred by such person bringing the proceeding.
Laws, 1983, ch. 424, § 8; Laws, 2008, ch. 562, § 19, eff. 8/5/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965); Laws, 2011, ch. 310, § 2, eff. 7/1/2011.
Amended by Laws, 2014, ch. 416, HB 928, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-17 - Chapter not to affect legislature's regulation of own proceedings and records access

Nothing in this chapter shall be construed as denying the Legislature the right to determine the rules of its own proceedings and to regulate public access to its records. However, notwithstanding the provisions of this section, the Legislature shall be subject to the provisions of Sections
27-104-151
through
27-104-159
.
Laws, 1983, ch. 424, § 9; Laws, 2011, ch. 489, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-19 - State agencies and departments required to post to websites legislative updates on legislation revising agency or department powers and duties

Within sixty (60) days after the end of each regular session of the Legislature, each agency or department of the State of Mississippi shall include on the Internet website of the agency or department a separate section that provides a legislative update on any legislation enacted at the legislative session that revises the powers and duties of the agency or department. The agency or department shall include a link to the legislative update section on the home page of the website. The legislative update section shall contain a summary of the revisions made to the powers and duties of the agency or department by the legislation, and a contact section or link so that members of the public may comment on or ask questions about the revisions or the effect of the revisions in the legislation. The legislative update section shall remain on the website of the agency or department until January 1st of the following year.
Added by Laws, 2013, ch. 453, HB 1243, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 62 - DISCLOSURE OF PERSONAL INFORMATION OF SECTION 501 (C) › Section 25-62-1 - Definitions

As used in this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates 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 does 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.
Added by Laws, 2019, ch. 423, HB 1205,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 62 - DISCLOSURE OF PERSONAL INFORMATION OF SECTION 501 (C) › Section 25-62-3 - Public agencies prohibited from requiring certain Section 501 (c)

(1)
Notwithstanding any law to the contrary, and subject to subsection (3), 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 of the Section 501(c) entity as well as 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 shall be exempt from disclosure under the Mississippi Public Records Act.
(3)
This chapter does not preclude either of the following:
(a)
Any lawful warrant for personal information issued by a court of competent jurisdiction; or
(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.
Added by Laws, 2019, ch. 423, HB 1205,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 62 - DISCLOSURE OF PERSONAL INFORMATION OF SECTION 501 (C) › Section 25-62-5 - Injunctive relief; costs of litigation awarded in judgment rendered

(1)
A person alleging a violation of this chapter may bring a civil action for appropriate injunctive relief.
(2)
A court, in rendering a judgment in an action brought under this section, shall 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.
Added by Laws, 2019, ch. 423, HB 1205,§ 3, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 62 - DISCLOSURE OF PERSONAL INFORMATION OF SECTION 501 (C) › Section 25-62-7 - Penalties

A person who knowingly violates this chapter is guilty of a misdemeanor punishable by imprisonment of not more than ninety (90) days or a fine of not more than One Thousand Dollars ($1,000.00) or both.
Added by Laws, 2019, ch. 423, HB 1205,§ 4, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 62 - DISCLOSURE OF PERSONAL INFORMATION OF SECTION 501 (C) › Section 25-62-9 - Relation to Mississippi Campaign Finance statutes

The requirements of this chapter shall not affect any provisions of the Mississippi Campaign Finance statutes provided in Section
23-15-801
et seq.
Added by Laws, 2019, ch. 423, HB 1205,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 63 - DIGITAL SIGNATURE ACT [Repealed] (§ 25-63-1) › Section 25-63-1 - through 25-63-11 - [Repealed]

Repealed by Laws, 2001, ch. 400, § 21, eff. 7/1/2001.
§ 25-63-1. [ Laws, 1997, ch. 329, § 1, eff. 7/1/1998.] § 25-63-3. [ Laws, 1997, ch. 329, § 2, eff. 7/1/1998.] § 25-63-5. [ Laws, 1997, ch. 329, § 3, eff. 7/1/1998.] § 25-63-7. [ Laws, 1997, ch. 329, § 4, eff. 7/1/1998.] § 25-63-9. [ Laws, 1997, ch. 329, § 5, eff. 7/1/1998.] § 25-63-11. [ Laws, 1997, ch. 329, § 6, eff. 7/1/1998.]
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Internal Audit Act."
Laws, 2003, ch. 437, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-3 - Purpose and application

The purpose of this chapter is to establish a full-time program of internal auditing to assist in improving university, community/junior college and agency operations, to verify the existence of assets and to identify opportunities for cost savings and revenue enhancement. The university, community/junior college or agency internal audit director shall furnish independent analyses, appraisals and recommendations concerning the adequacy of each university, community/junior college and state agency's systems of internal control, and the efficiency and effectiveness of university, community/junior college and agency management in carrying out assigned responsibilities in accordance with applicable laws, rules and regulations. The internal auditing program shall evaluate and advise the organization in the establishment of controls necessary to accomplish university, community/junior college and agency goals and objectives at reasonable costs. The university, community/junior college or agency internal audit director shall be alert to the possibility of abuse or illegal acts, errors and omissions, and conflict of interest.
Laws, 2003, ch. 437, § 2, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-7 - Specific universities, colleges and agencies included

The provisions of this chapter shall only apply (a) to the following universities:
(i)
Alcorn State University,
(ii)
Delta State University,
(iii)
Jackson State University,
(iv)
Mississippi State University,
(v)
Mississippi State University Agriculture and Forestry Experiment Station,
(vi)
Mississippi State University Cooperative Extension Service,
(vii)
Mississippi State University Forest and Wildlife Research Center,
(viii)
Mississippi State University State Chemical Laboratory,
(ix)
Mississippi University for Women,
(x)
Mississippi Valley State University,
(xi)
The University of Mississippi,
(xii)
University of Mississippi Medical Center and the
(xiii)
University of Southern Mississippi; (b) to the following community/junior colleges:
(i)
Coahoma Community College,
(ii)
Copiah-Lincoln Community College,
(iii)
East Central Community College,
(iv)
East Mississippi Community College,
(v)
Hinds Community College,
(vi)
Holmes Community College,
(vii)
Itawamba Community College,
(viii)
Jones County Junior College,
(ix)
Meridian Community College,
(x)
Mississippi Delta Community College,
(xi)
Mississippi Gulf Coast Community College,
(xii)
Northeast Mississippi Community College,
(xiii)
Northwest Mississippi Community College,
(xiv)
Pearl River Community College and
(xv)
Southwest Mississippi Community College; and (c) to the following agencies:
(i)
the Department of Finance and Administration,
(ii)
the State Tax Commission,
(iii)
the Department of Education,
(iv)
the State Department of Health,
(v)
the Department of Mental Health,
(vi)
the Department of Agriculture and Commerce,
(vii)
the Mississippi Development Authority,
(viii)
the Department of Environmental Quality,
(ix)
the Department of Wildlife, Fisheries and Parks,
(x)
the Department of Corrections,
(xi)
the Division of Medicaid,
(xii)
the Department of Rehabilitation Services,
(xiii)
the Department of Public Safety,
(xiv)
the Mississippi Employment Security Commission,
(xv)
the Mississippi Department of Information Technology Services,
(xvi)
the Public Employees Retirement System,
(xvii)
the Mississippi Department of Transportation,
(xviii)
the Mississippi Gaming Commission and
(xix)
the Mississippi Department of Human Services.
Laws, 2003, ch. 437, § 4, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-9 - Internal audit of directors and staff

(1)
Except as otherwise provided by subsection (2) of this section, each university, community/junior college and state agency shall, subject to specific appropriation of available funding, employ an agency internal audit director who shall be appointed by the university president or chancellor, the community/junior college president, elected official or executive director or his counterpart of a state agency without a governing board or commission. The university president or chancellor, the community/junior college president of the agency head shall ensure that the university, community/junior college or agency shall employ, subject to specific funding being appropriated, a sufficient number of professional and support staff to implement an effective program of internal auditing. Compensation, training, job tenure and advancement of internal auditing staff shall be based upon the rules of the State Personnel Board for other business employees in the system. The internal audit organization shall have organizational status outside the agency's staff or line management functions or units subject to audit, and shall be free of operational and management responsibilities that would impair the ability to make independent audits of any aspects of the agency's operations. An agency, university or community/junior college internal audit director may be terminated by the appointing authority in accordance with State Personnel Board rules and regulations for any state employee after a seven (7) day notification period to the State Auditor.
(2)
The university president or chancellor, the community/junior college president or agency head of a university, community/junior college or state agency, respectively, may outsource the internal audit function if he determines that it is more cost efficient than establishing the audit personnel and procedures provided in subsection (1) of this section. Internal audit services may not be outsourced to the same firm or individual who performs independent audit or other consulting services to the university, community/junior college or agency.
Laws, 2003, ch. 437, § 5, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-11 - Qualifications of internal audit directors

The university, community/junior college or agency internal audit director shall possess the following qualifications:
(a)
A bachelor's degree from an accredited college or university and five (5) years of progressively responsible professional auditing experience as an internal auditor or independent postauditor, electronic data processing auditor or any combination thereof. The auditing experience shall at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or
(b)
A master's degree from an accredited college or university and three (3) years of progressively responsible professional auditing experience as an internal auditor or independent postauditor, electronic data processing auditor or any combination therefor; or
(c)
A certificate as a certified internal auditor issued by The Institute of Internal Auditors and three (3) years of progressively responsible professional auditing experience as an internal auditor or independent postauditor, electronic data processing auditor or any combination thereof; or
(d)
A certificate as a Certified Public Accountant with at least three (3) years experience.
Laws, 2003, ch. 437, § 6, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-13 - Duties of internal audit directors

The university, community/junior college or agency internal audit director shall:
(a)
Report directly to the university president or chancellor, community/junior college president or agency head or deputy university official, community/junior college official or agency head.
(b)
Conduct financial, compliance, electronic data processing and operational and efficiency audits of university, community/junior college or agency programs, activities and functions and prepare audit reports of findings.
(c)
Review and evaluate internal controls over university, community/junior college or agency programs, accounting systems, administrative systems, electronic data processing systems and all other major systems necessary to ensure accountability of the university, community/junior college or state agency.
(d)
Develop long-term and annual audit plans to be based on the findings of periodic documented risk assessments. The plan shall show the individual audits to be conducted during each year and the related resources to be devoted to each of the respective audits. The audit plan shall ensure that internal controls are reviewed on a periodic basis. The plan shall be submitted to the university, community/junior college or agency head for approval and the audit committee for comment. A copy of the approved plan shall be available upon request to the State Auditor or other appropriate external auditor to assist in planning and coordination of any external financial, compliance, electronic data processing or performance audit.
(e)
The scope and assignment of the audits shall be determined by the university, community/junior college or internal audit director; however, the university president or chancellor, community/junior college president or head of the agency may at any time direct the internal audit director to perform an audit of a special program, activity, function or organizational unit.
Laws, 2003, ch. 437, § 7, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-15 - Auditing standards

Audits shall be conducted in accordance with the Standards for the Professional Practice of Internal Auditing published by The Institute of Internal Auditors, Inc., and, when required by law, regulation, agreement, contract or policy, in accordance with Government Auditing Standards issued by the Comptroller General of the United States. All audit reports issued by internal audit staff shall include a statement that the audit was conducted pursuant to the appropriate standards.
Laws, 2003, ch. 437, § 8, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-17 - Audit reports confidential; production of reports; access to records

(1)
Audit reports shall be confidential but shall be provided on a quarterly basis to the governing board or commission of the university, the community/junior college or the state agency. State agencies without a governing board or commission shall have the quarterly report provided to the Governor and the State Auditor.
(2)
When the university, community/junior college or agency internal audit director or a member of his or her staff receives from an individual a complaint or information protected by whistleblower or other legislation, the name or identity of the individual shall not be disclosed without the written consent of the individual, or unless required by law or judicial processes.
(3)
The director and the internal audit staff shall have access to all personnel and any records, data and other information of the university, community/junior college or state agency deemed necessary to carry out assigned duties. The university, community/junior college or agency internal audit director shall maintain the confidentiality of any public records that are made confidential by law, and shall be subject to the same penalties as the custodian of those public records for violating confidentiality statutes.
Laws, 2003, ch. 437, § 9, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 65 - AGENCY, UNIVERSITY AND COMMUNITY/JUNIOR COLLEGE INTERNAL AUDITING PROGRAM (§§ 25-65-1 — 25-65-33) › Section 25-65-19 - Submission of report; follow-up and final report

(1)
At the conclusion of each audit, the internal audit director shall submit preliminary findings and recommendations to the person responsible for supervision of the program, activity, function or organizational unit being audited who shall respond in writing to any findings of the internal audit director within forty-five (45) working days or less at the discretion of the university president or chancellor, the community/junior college president or state agency director after receipt of the findings. Such response and, if necessary, the agency internal audit director's response may be included in the final audit report.
(2)
University, community/junior college or the agency internal audit director shall submit the final report, which shall be available to the State Auditor upon request, to the head of the university, community/junior college or agency and the State Auditor.
Laws, 2003, ch. 437, § 10, eff. 7/1/2003.