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SB2127 • 2026

MS Public Records Act; prohibit confidentiality of settlement agreement.

AN ACT TO CREATE A NEW SECTION WITHIN TITLE 25, CHAPTER 61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TERMS OF ANY SETTLEMENT OF ANY CIVIL PROCEEDING BETWEEN A PUBLIC BODY AND ANY OTHER PARTY MAY NOT BE MADE CONFIDENTIAL BY THE PARTIES TO THE SETTLEMENT; TO BRING FORWARD SECTION 25-61-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Did Not Pass

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

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

Plain English Breakdown

The bill did not pass and has no current effect, so the exact impact on specific settlements is uncertain.

Mississippi Public Records Act; Settlement Agreement Transparency

This bill aims to make the terms of any settlement agreement between a public body and another party in civil proceedings non-confidential.

What This Bill Does

  • Creates a new section within Title 25, Chapter 61 of the Mississippi Code of 1972.
  • Requires that the details of any settlement agreement involving a public body must be made public and cannot be kept confidential by the parties involved.
  • Brings forward Section 25-61-3 for possible amendment.

Who It Names or Affects

  • Public bodies in Mississippi, such as government departments and agencies.
  • Parties involved in civil proceedings with public bodies.

Terms To Know

public body
Any department, bureau, division, council, commission, committee, subcommittee, board, agency or other entity of the state or a political subdivision thereof.
civil proceeding
A legal process involving disputes between individuals or organizations that do not involve criminal charges.

Limits and Unknowns

  • The bill did not pass and therefore has no current effect.
  • It is unclear what specific settlements would be affected by this change if it were to become law.

Bill History

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

    02/03 (S) Died In Committee

  2. 2026-01-13 Mississippi Legislative Bill Status System

    01/13 (S) Referred To Judiciary, Division A

Official Summary Text

MS Public Records Act; prohibit confidentiality of settlement agreement.

Current Bill Text

Read the full stored bill text
S. B. No. 2127 *SS08/R323* ~ OFFICIAL ~ G1/2
26/SS08/R323
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2127

AN ACT TO CREATE A NEW SECTION WITHIN TITLE 25, CHAPTER 61, 1
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TERMS OF ANY 2
SETTLEMENT OF ANY CIVIL PROCEEDING BETWEEN A PUBLIC BODY AND ANY 3
OTHER PARTY MAY NOT BE MADE CONFIDENTIAL BY THE PARTIES TO THE 4
SETTLEMENT; TO BRING FORWARD SECTION 25-61-3, MISSISSIPPI CODE OF 5
1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. The following shall be codified as a new section 9
within Title 25, Chapter 61, Mississippi Code of 1972: 10
25-61-__. The terms of any settlement of any civil 11
proceeding between a public body and any other party may not be 12
made confidential by the parties to the settlement, and no court 13
may enter an order of confidentiality and seal any court record or 14
other document containing the terms of such settlement. 15
SECTION 2. Section 25-61-3, Mississippi Code of 1972, is 16
brought forward as follows: 17
25-61-3. The following words shall have the meanings 18
ascribed herein unless the context clearly requires otherwise: 19
S. B. No. 2127 *SS08/R323* ~ OFFICIAL ~
26/SS08/R323
PAGE 2 (ens\kr)

(a) "Public body" shall mean any department, bureau, 20
division, council, commission, committee, subcommittee, board, 21
agency and any other entity of the state or a political 22
subdivision thereof, and any municipal corporation and any other 23
entity created by the Constitution or by law, executive order, 24
ordinance or resolution. The term "public body" includes the 25
governing board of a charter school authorized by the Mississippi 26
Charter School Authorizer Board. Within the meaning of this 27
chapter, the term "entity" shall not be construed to include 28
individuals employed by a public body or any appointed or elected 29
public official. 30
(b) "Public records" shall mean all books, records, 31
papers, accounts, letters, maps, photographs, films, cards, tapes, 32
recordings or reproductions thereof, and any other documentary 33
materials, regardless of physical form or characteristics, having 34
been used, being in use, or prepared, possessed or retained for 35
use in the conduct, transaction or performance of any business, 36
transaction, work, duty or function of any public body, or 37
required to be maintained by any public body. "Public records" 38
shall not mean "personal information" as defined in Section 39
25-62-1. 40
(c) "Data processing software" means the programs and 41
routines used to employ and control the capabilities of data 42
processing hardware, including, but not limited to, operating 43
systems, compilers, assemblers, utilities, library routines, 44
S. B. No. 2127 *SS08/R323* ~ OFFICIAL ~
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PAGE 3 (ens\kr)

maintenance routines, applications and computer networking 45
programs. 46
(d) "Proprietary software" means data processing 47
software that is obtained under a licensing agreement and is 48
protected by copyright or trade secret laws. 49
(e) "Incident report" means a narrative description, if 50
such narrative description exists and if such narrative 51
description does not contain investigative information, of an 52
alleged offense, and at a minimum shall include the name and 53
identification of each person charged with and arrested for the 54
alleged offense, the time, date and location of the alleged 55
offense, and the property involved, to the extent this information 56
is known. 57
(f) "Investigative report" means records of a law 58
enforcement agency containing information beyond the scope of the 59
matters contained in an incident report, and generally will 60
include, but not be limited to, the following matters if beyond 61
the scope of the matters contained in an incident report: 62
(i) Records that are compiled in the process of 63
detecting and investigating any unlawful activity or alleged 64
unlawful activity, the disclosure of which would harm the 65
investigation which may include crime scene reports and 66
demonstrative evidence; 67
(ii) Records that would reveal the identity of 68
informants and/or witnesses; 69
S. B. No. 2127 *SS08/R323* ~ OFFICIAL ~
26/SS08/R323
PAGE 4 (ens\kr)
ST: MS Public Records Act; prohibit
confidentiality of settlement agreement.
(iii) Records that would prematurely release 70
information that would impede the public body's enforcement, 71
investigative or detection efforts; 72
(iv) Records that would disclose investigatory 73
techniques and/or results of investigative techniques; 74
(v) Records that would deprive a person of a right 75
to a fair trial or an impartial adjudication; 76
(vi) Records that would endanger the life or 77
safety of a public official or law enforcement personnel, or 78
confidential informants or witnesses; 79
(vii) Records pertaining to quality control or 80
PEER review activities; or 81
(viii) Records that would impede or jeopardize a 82
prosecutor's ability to prosecute the alleged offense. 83
(g) "Law enforcement agency" means a public body that 84
performs as one (1) of its principal functions activities 85
pertaining to the enforcement of criminal laws, the apprehension 86
and investigation of criminal offenders, or the investigation of 87
criminal activities. 88
SECTION 3. This act shall take effect and be in force from 89
and after July 1, 2026. 90