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HB1482 • 2026

Public Records Act; exempt certain documents in which an agency deliberates new policy from.

AN ACT TO CREATE NEW SECTION 25-61-11.3, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983 CERTAIN DOCUMENTS IN WHICH OPINIONS ARE EXPRESSED OR POLICIES FORMULATED IN AN AGENCY'S DELIBERATIVE PROCESS TO FORMULATE NEW POLICY; TO AMEND SECTION 25-61-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Mansell
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and therefore its provisions have no legal effect.

Exempting Certain Policy Documents from Public Records

This bill would exempt certain documents that express opinions or formulate policies during an agency's decision-making process from being public records under the Mississippi Public Records Act of 1983.

What This Bill Does

  • Creates a new section in the Mississippi Code to exclude specific types of documents from the state’s Public Records Act.
  • Defines which preliminary drafts, notes, recommendations, and intra-agency or interagency memoranda are exempted if they contain opinions or policy formulations during the pre-decisional phase.
  • Specifies that factual information within these documents is also protected under this exemption only if it cannot be separated from deliberative content or would reveal details about the decision-making process.
  • Amends an existing section of the Mississippi Code to include this new exemption in the list of exclusions for public records.

Who It Names or Affects

  • Government agencies that create documents during their policy formulation processes.
  • Citizens and organizations requesting access to government documents under the Public Records Act.

Terms To Know

Public Records Act
A law that allows public access to records held by government bodies, with certain exceptions.
Deliberative Process
The process of discussing and deciding on policies or actions within an agency before a final decision is made.

Limits and Unknowns

  • This bill did not pass during the session it was introduced.
  • It would have taken effect on July 1, 2026, but since it did not pass, this date is no longer relevant.
  • The exact impact on public access to government documents remains uncertain without further legislative action.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Accountability, Efficiency, Transparency

Official Summary Text

Public Records Act; exempt certain documents in which an agency deliberates new policy from.

Current Bill Text

Read the full stored bill text 
H. B. No. 1482 *HR26/R1945* ~ OFFICIAL ~ G1/2
26/HR26/R1945
PAGE 1 (ELS\KW)

To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Mansell

HOUSE BILL NO. 1482

AN ACT TO CREATE NEW SECTION 25-61-11.3, MISSISSIPPI CODE OF 1
1972, TO EXEMPT FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983 2
CERTAIN DOCUMENTS IN WHICH OPINIONS ARE EXPRESSED OR POLICIES 3
FORMULATED IN AN AGENCY'S DELIBERATIVE PROCESS TO FORMULATE NEW 4
POLICY; TO AMEND SECTION 25-61-5, MISSISSIPPI CODE OF 1972, TO 5
CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following shall be codified as Section 8
25-61-11.3, Mississippi Code of 1972: 9
25-61-11.3. The following information shall be exempt from 10
the Mississippi Public Records Act of 1983: 11
(a) Preliminary drafts, notes, recommendations and 12
intra-agency or interagency memoranda in which opinions are 13
expressed or policies formulated or recommended in the 14
pre-decisional and deliberative process by an agency, or two (2) 15
or more agencies working together, to formulate a new policy. 16
(b) Information is only protected under this exemption 17
if it is pre-decisional and deliberative. Purely factual material 18
in a deliberative document is exempted under this section only if: 19
H. B. No. 1482 *HR26/R1945* ~ OFFICIAL ~
26/HR26/R1945
PAGE 2 (ELS\KW)

(i) It is inextricably intertwined with the 20
deliberative portions of the document so that it cannot reasonably 21
be segregated; 22
(ii) It would reveal the nature of the 23
deliberative portions; or 24
(iii) Its disclosure would in some other way make 25
possible an intrusion into the decision-making process of the 26
agency or agencies. 27
SECTION 2. Section 25-61-5, Mississippi Code of 1972, is 28
amended as follows: 29
25-61-5. (1) (a) Except as otherwise provided by Sections 30
25-61-9, 25-61-11, 25-61-11.2, 25-61-11.3 and 37-153-7, all public 31
records are hereby declared to be public property, and any person 32
shall have the right to inspect, copy or mechanically reproduce or 33
obtain a reproduction of any public record of a public body in 34
accordance with reasonable written procedures adopted by the 35
public body concerning the cost, time, place and method of access, 36
and public notice of the procedures shall be given by the public 37
body, or, if a public body has not adopted written procedures, the 38
right to inspect, copy or mechanically reproduce or obtain a 39
reproduction of a public record of the public body shall be 40
provided within one (1) working day after a written request for a 41
public record is made. No public body shall adopt procedures 42
which will authorize the public body to produce or deny production 43
H. B. No. 1482 *HR26/R1945* ~ OFFICIAL ~
26/HR26/R1945
PAGE 3 (ELS\KW)

of a public record later than seven (7) working days from the date 44
of the receipt of the request for the production of the record. 45
(b) If a public body is unable to produce a public 46
record by the seventh working day after the request is made, the 47
public body must provide a written explanation to the person 48
making the request stating that the record requested will be 49
produced and specifying with particularity why the records cannot 50
be produced within the seven-day period. Unless there is mutual 51
agreement of the parties, in no event shall the date for the 52
public body's production of the requested records be any later 53
than fourteen (14) working days from the receipt by the public 54
body of the original request. 55
(2) If any public record contains material which is not 56
exempted under this chapter, the public agency shall redact the 57
exempted material and make the nonexempted material available for 58
examination. Such public agency shall be entitled to charge a 59
reasonable fee for the redaction of any exempted material, not to 60
exceed the agency's actual cost. 61
(3) Denial by a public body of a request for access to or 62
copies of public records under this chapter shall be in writing 63
and shall contain a statement of the specific exemption relied 64
upon by the public body for the denial. Each public body shall 65
maintain a file of all denials of requests for public records. 66
Public bodies shall be required to preserve such denials on file 67
for not less than three (3) years from the date such denials are 68
H. B. No. 1482 *HR26/R1945* ~ OFFICIAL ~
26/HR26/R1945
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ST: Public Records Act; exempt certain
documents in which an agency deliberates new
policy from.
made. This file shall be made available for inspection or 69
copying, or both, during regular office hours to any person upon 70
written request. 71
(4) Where any public body is preparing or conducting a 72
competitive procurement, the time limitations contained in this 73
section shall be tolled until the public body determines it will 74
not issue the procurement, cancels the procurement or issues a 75
notice naming its intended awardee. 76
(5) This section shall stand repealed on July 1, 2028. 77
SECTION 3. This act shall take effect and be in force from 78
and after July 1, 2026. 79