Mississippi 2024 Regular Session

Mississippi Senate Bill SB2042

Introduced
1/16/24  
Refer
1/16/24  

Caption

MS Public Records Act; prohibit confidentiality of settlement agreement.

Impact

If enacted, SB2042 would directly amend the Mississippi Code, particularly Title 25, Chapter 61, which governs public records. The inability to keep settlement terms confidential may have wide-ranging implications, affecting how public bodies negotiate settlements, as well as the public's right to access information. Advocates believe this could lead to better oversight and discourage potentially harmful or unethical conduct by public officials and agencies, fostering a culture of openness in government dealings.

Summary

Senate Bill 2042 proposes a significant change to the handling of settlement agreements in civil proceedings involving public bodies in Mississippi. Specifically, the bill mandates that no party can make the terms of such settlements confidential. This move aims to enhance transparency regarding the settlements between public bodies, such as government agencies, and other parties. By prohibiting confidentiality, the bill seeks to ensure that the terms of these agreements remain accessible as public records, thereby reducing the occurrence of undisclosed arrangements that could otherwise sidestep accountability.

Contention

However, there are notable points of contention surrounding the bill. Critics argue that removing confidentiality from settlement agreements may deter parties from settling out of court, especially if they fear that sensitive information could be disclosed publicly. This could lead to more contentious litigation and potentially reduced opportunities for timely resolution of disputes. Additionally, opponents express concern that this bill could undermine the willingness of public bodies to engage in good faith negotiations, as the risk of public scrutiny could impede their ability to resolve conflicts quietly and effectively.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2094

MS Public Records Act; prohibit confidentiality of settlement agreement.

MS HB406

Public records; exempt the booking information of certain mentally ill patients from.

MS SB2672

MS Public Records Act; exempt certain private information of persons conducting in-state operations.

MS HB699

MS State Asylum Records; provide procedures for access and exempt from confidentiality and privilege requirements.

MS SB2797

Mississippi State Asylum Records; provide procedures and exempt from confidentiality and privilege requirements.

MS HB102

No-knock warrants; prohibit issuance of.

MS HB624

Stun gun; remove the term from the prohibited firearms category.

MS SB2389

Youth records; authorize member of Legislature to inspect upon written release.

MS HB80

Concealed firearms; clarify prohibition for mentally incompetent.

MS HB575

Alternative nicotine; clarify prohibition on school property.

Similar Bills

MS SB2491

MS Public Records Act; prohibit confidentiality of settlement agreement.

MS SB2014

MS Public Records Act; prohibit confidentiality of settlement agreement.

MS SB2094

MS Public Records Act; prohibit confidentiality of settlement agreement.

MS SB2847

State agencies; require notice of certain consent decrees and revise provision related to Department of Audit.

MS HB1394

Conservatorship; authorize court to allow petitioner seeking approval of minor settlement to perform conservator's duties.

MS HB80

Conservatorship; authorize court to allow petitioner seeking approval of minor settlement to perform conservator's duties.

MS HB594

Public Service Commission; revise jurisdiction for municipal owned utilities for rate increases for customers more than a mile from municipal boundary.

MS HB1174

Public adjusters licensure; revise provisions related to.