Mississippi Public Records Act; revise penalties for person or public body who violates the provisions of.
The legislative intent behind HB1103 is to strengthen the Public Records Act by ensuring more robust penalties for non-compliance, thereby promoting transparency and accountability within public bodies. This change is anticipated to discourage wrongful denial of access to public records, reinforcing the public's right to request and obtain information that should be available to them under the law. As a result, individuals might find it easier to access government-held information, which can be crucial for civic engagement and informed decision-making.
House Bill 1103 aims to amend Section 25-61-15 of the Mississippi Code of 1972, revising the penalties for individuals or public bodies that violate the Mississippi Public Records Act. The bill specifies civil liabilities for denying access to public records not exempt from disclosure or for charging unreasonable fees for providing said records. Under the proposed changes, individuals could face penalties up to $1,000 for repeated offenses, while first-time offenders could be liable for $500, with a smaller penalty of $100 for fewer violations.
While the bill has clear benefits for enhancing public access to information, it may also be met with pushback from some public entities concerned about the financial implications of increased penalties. Opponents of the bill might argue that the revised penalties create an undue burden on public bodies, especially smaller entities that may already be operating under budget constraints. The provision for civil liabilities could also raise concerns about potential misuse or overreach in imposing penalties for inadvertent errors in record handling, leading to calls for clearer guidelines on what constitutes a violation.