MCA Chapter 62

in effect

Miss. Code Ann. § 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: “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). “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.

Miss. Code Ann. § 25-62-3 Public agencies prohibited from requiring certain Section 501(c) entities to provide personal information; public agencies prohibited from disclosing personal information in the possession of the agency; exemptions.

Notwithstanding any law to the contrary, and subject to subsection (3), a public agency shall not do any of the following: Require any entity organized under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information. 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. 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. Personal information shall be exempt from disclosure under the Mississippi Public Records Act. This chapter does not preclude either of the following: Any lawful warrant for personal information issued by a court of competent jurisdiction; or A lawful request for discovery of personal information in litigation if both of the following conditions are met: The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and 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.

Miss. Code Ann. § 25-62-5 Injunctive relief; costs of litigation awarded in judgment rendered.

A person alleging a violation of this chapter may bring a civil action for appropriate injunctive relief. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.