Bill Text: MS HB221 | 2011 | Regular Session | Introduced
Bill Title: State and local governmental agencies; require to post details of expenditures on website.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB221 Detail]
Download: Mississippi-2011-HB221-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Appropriations
By: Representative Currie
House Bill 221
AN ACT TO CREATE NEW SECTION 27-104-154, MISSISSIPPI CODE OF 1972, TO REQUIRE, AS PART OF THE MISSISSIPPI ACCOUNTABILITY AND TRANSPARENCY ACT, EACH STATE AND LOCAL GOVERNMENTAL ENTITY THAT MAINTAINS AN INTERNET WEBSITE TO INCLUDE INFORMATION DETAILING THE ENTITY'S EXPENDITURE OF STATE, LOCAL AND FEDERAL FUNDS ON THE ENTITY'S WEBSITE; TO AMEND SECTION 27-104-153, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "GOVERNMENTAL ENTITY" AND OTHER TERMS USED UNDER THE MISSISSIPPI ACCOUNTABILITY AND TRANSPARENCY ACT; TO AMEND SECTION 27-104-157, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 27-104-154, Mississippi Code of 1972:
27-104-154. (1) Each governmental entity that maintains an Internet website shall include information readily accessible on its website on the expenditure of state funds, the expenditure of federal funds and the expenditure of local funds by the governmental entity. The information must be presented in a clear and understandable format that provides the public with the ability to find and display the data with reasonable ease.
(2) The information required to be provided on a governmental entity's website must include, but not necessarily be limited to, the following:
(a) The name and principal location of each recipient of state, federal or local funds, excluding any information relating to: an individual's place of residence; the identity of recipients of state, federal or local assistance payments; and any other information required to be kept confidential by state or federal laws relating to privacy rights;
(b) The amount of each expenditure of state funds, expenditure of federal funds and expenditure of local funds by the governmental entity;
(c) A description of the purpose of each expenditure, which description must identify clearly the specific goods, services, project or reason for which the expenditure was made;
(d) The general source of authority for each expenditure, including, but not limited to, legislative appropriation or bond issue;
(e) The specific source of authority for each expenditure, including, but not limited to, grant, contract, subcontract or the general discretion of the governmental entity. If the authority is a grant, contract or subcontract, the website must include a grant or contract number or similar information that clearly identifies the document;
(f) The type of transaction; and
(g) Any other information deemed pertinent by the governmental entity.
(3) This section may not be construed to permit or require the disclosure of trade secrets or other proprietary information, including confidential vendor information, or any other information required to be kept confidential by state or federal law or which is beyond the scope of the applicable freedom of information statutes.
(4) A governmental entity must update the information provided on its website pursuant to this section on no less than a quarterly basis.
(5) The information that a state governmental entity must provide on its website under this section is in addition to the information that the state entity must provide to the Department of Finance and Administration for inclusion on the website relating to expenditures which the department is required to operate under Section 27-104-155.
SECTION 2. Section 27-104-153, Mississippi Code of 1972, is amended as follows:
27-104-153. As used in Sections 27-104-151 through 27-104-159:
(a) "Searchable website" means an Internet site that:
(i) Allows the public to access information identified in Sections 27-104-151 through 27-104-159 without any fee or charge to the public for such access; and
(ii) Provides keyword or other efficient search capability to provide the public with the ability to find, aggregate and display such information with reasonable ease.
(b) "Expenditure of state funds" means the disbursement or transfer of any funds, whether appropriated or nonappropriated, from any source by any office, department, agency, division, bureau, commission or board of the state.
(c) "Expenditure of federal funds" means the disbursement or transfer of funds received from any office, department, agency, division, bureau, commission, board or other entity of the federal government by a governmental entity in the state.
(d) "Expenditure of local funds" means the disbursement or transfer of any funds received from the state or federal government or collected through the assessment of local taxation or fees by a local governmental entity.
(e) "Governmental entity" means the state and all political entities of the state, including any entity created by the Constitution or by legislative enactment, executive order, ordinance or resolution. The term "governmental entity" includes, but is not limited to: each department, agency, board, bureau, college, commission, committee, subcommittee, council, division, institution, office and any other instrumentality of the state; and political subdivisions of the state, such as counties, municipalities, school districts and other specially created local districts. The term includes all courts and offices under the state judicial branch of government and all offices in the executive and legislative branches of state government. The term "governmental entity" does not include any office of the federal government located in the State of Mississippi.
SECTION 3. Section 27-104-157, Mississippi Code of 1972, is amended as follows:
27-104-157. The Department of Finance and Administration shall have the authority to establish the form and timelines for state agencies to report information required by Section 27-104-155. All departments, agencies and entities of state government shall fully cooperate with the Department of Finance and Administration in compiling and providing all information necessary to comply with the requirements of Section 27-104-155.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
