Bill Text: MS HB916 | 2010 | Regular Session | Introduced
Bill Title: Lobbyist; may not give anything of value to any official unless certain action taken.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2010-02-02 - Died In Committee [HB916 Detail]
Download: Mississippi-2010-HB916-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Parker
House Bill 916
AN ACT TO AMEND SECTION 5-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LOBBYIST MAY NOT PROVIDE ANYTHING OF VALUE TO AN EXECUTIVE, LEGISLATIVE OR PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, UNLESS THE SAME THING OF VALUE IS OFFERED TO THE ENTIRE MEMBERSHIP OF THE MISSISSIPPI STATE LEGISLATURE AND ALL STATEWIDE ELECTED OFFICIALS; TO AMEND SECTIONS 5-8-9 AND 5-8-11, 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. Section 5-8-13, Mississippi Code of 1972, is amended as follows:
5-8-13. (1) A lobbyist shall not contract to receive or accept compensation dependent upon the success or failure of a legislative or executive action.
(2) A lobbyist or lobbyist's client shall not knowingly or willfully make or cause to be made a false statement or misrepresentation of facts to an executive, legislative or public official or public employee, or to the public in general with the intent to affect the outcome of a legislative or executive action.
(3) A lobbyist or lobbyist's client shall not cause a legislative or executive action for the purpose of obtaining employment to lobby in support of or in opposition to the legislative or executive action.
(4) An executive, legislative or public official or public employee shall not be a lobbyist, except that he may act as a lobbyist when acting in his official capacity.
(5) A lobbyist must disclose anything of value given in whole or in part to any executive, legislative or public official or public employee.
(6) A lobbyist, or person acting on his behalf, shall not provide or give anything of value to any executive, legislative or public official or public employee, unless the same thing of value is offered to the entire membership of the Mississippi State Legislature and all statewide elected officials.
SECTION 2. Section 5-8-9, Mississippi Code of 1972, is amended as follows:
5-8-9. (1) Except as otherwise provided in Section 5-8-7 of this chapter and in subsection (7) of this section, no later than January 30 of each year, a lobbyist's client shall file a report of expenditures with the Secretary of State. The report must contain information on all expenditures paid by the lobbyist's client during the preceding twelve (12) calendar months.
(2) The report must list expenditures for the purpose of lobbying according to the following categories:
(a) A payment to a lobbyist for salary, fee, compensation for expenses, or other purpose by a person employing, retaining or contracting for the services of the lobbyist separately or jointly with other persons;
(b) A payment for those portions of office rent, utilities, supplies and compensation of support personnel attributable to lobbying activities;
(c) A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist;
(d) A payment, including compensation, payment or reimbursement for the services, time or expenses of an employee for or in connection with direct communication with an executive, legislative or public official or public employee, where such communication is made at the request, suggestion or direction of the lobbyist's client;
(e) A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive, legislative or public official or public employee, where such communication is made at the request, suggestion or direction of the lobbyist's client;
(f) A payment or reimbursement for food, beverages, travel, lodging, entertainment or sporting activities; or
(g) A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose.
(3) Except as may be otherwise provided under subsection (8) of this section, for each executive, legislative or public official or public employee who was paid, given or promised to be paid anything of value in full or in part from the lobbyist's client, the report must also include:
(a) The name of the executive, legislative or public official or public employee who was paid, given or promised anything of value;
(b) A description and the monetary value of anything of value paid, given or promised to such official or employee, with sufficient detail so that the nature of the transfer is clear;
(c) The place and date anything of value was paid, given or promised; and
(d) The name of the person who paid, gave or promised to pay anything of value.
(4) Each expenditure for the purpose of lobbying must be reported in accordance with the category of the expenditure required in this section and with any additional categories as may be required by rule or regulation of the Secretary of State.
(5) The report due January 30 shall include a cumulative total for the calendar year for all reportable categories.
(6) A lobbyist's client shall maintain contemporaneous records of all expenditures reportable under Sections 5-8-1 through 5-8-19 of this chapter and shall retain such records for a period of two (2) years.
(7) If the State of Mississippi is a lobbyist's client, the State of Mississippi shall be exempt from filing an annual report.
(8) (a) If the entire Legislature and all statewide elected officials are individually invited to a single function, which is sponsored by a lobbyist's client, or a lobbyist on behalf of such client, and is to begin and end within one (1) day, then it shall not be necessary to report the costs related to food and beverages offered for immediate consumption required in subsection (3) of this section, so long as food and beverages provided at such functions are offered equally to all invitees; however, in all such cases, the amount expended for such functions shall be reported in accordance with the provisions of this subsection.
(b) If the entire Legislature and all statewide elected officials are individually given or offered anything of value that is the same item or thing of value as required under Section 5-8-13(6), then it shall not be necessary to report such gifts on an individual basis as required in subsection (3) of this section; however, the total amount expended for such gifts shall be reported in accordance with the provisions of this subsection.
(c) The report of the expenditure connected with a single function or gift of anything of value as described in paragraphs (a) and (b) of this subsection shall be made by the lobbyist's client and shall include the following:
(i) The total amount of money expended for the function or the cumulative total amount of money expended for the things of value provided, as the case may be;
(ii) The estimated total number of persons in attendance at the function, or the total number of the things of value provided, as the case may be;
(iii) The estimated total number of public officials in attendance at the function.
SECTION 3. Section 5-8-11, Mississippi Code of 1972, is amended as follows:
5-8-11. (1) Except as otherwise provided in Section 5-8-7 of this chapter, a lobbyist shall file with the Secretary of State a separate report for each lobbyist's client. The report shall specifically list all payments received from the lobbyist's client and all expenditures that were initiated or paid by the lobbyist on behalf of each lobbyist's client during each reporting period required herein.
(2) The report must list expenditures for the purpose of lobbying according to the following categories:
(a) A payment to the lobbyist for salary, fee, compensation for expenses, or other purpose by the person employing, retaining or contracting for the services of the lobbyist separately or jointly with other persons;
(b) A payment for those portions of office rent, utilities, supplies and compensation of support personnel attributable to lobbying activities;
(c) A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist;
(d) A payment, including compensation, payment or reimbursement for the services, time or expenses of an employee for or in connection with direct communication with an executive, legislative or public official or public employee, where such communication is made at the request, suggestion or direction of the lobbyist;
(e) A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive, legislative or public official or public employee, where such communication is made at the request, suggestion or direction of the lobbyist;
(f) A payment or reimbursement for food, beverages, travel, lodging, entertainment or sporting activities;
(g) A purchase, payment, distribution, loan, or forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose.
(3) Except as may be otherwise provided under subsection (7) of this section, for each executive, legislative or public official or public employee who was paid, given or promised to be paid anything of value in full or in part from the lobbyist, the report must also include:
(a) The name of the executive, legislative or public official or employee who was paid, given or promised anything of value;
(b) A description and the monetary value of anything of value paid, given or promised to such official or employee, with sufficient detail so that the nature of the transfer is clear;
(c) The place and date anything of value was paid, given or promised; and
(d) The name of the person who paid, gave or promised to pay anything of value.
(4) Each expenditure for the purpose of lobbying must be reported in accordance with the category of the expenditure required in this section and with any additional categories as may be required by rule or regulation of the Secretary of State.
(5) A report of expenditures must be filed with the Secretary of State no later than January 30 of each year. The report shall contain information on all expenditures paid or initiated by the lobbyist on behalf of each lobbyist's client during the preceding twelve (12) calendar months, and it shall include a cumulative total for the calendar year of all reportable categories.
(6) In addition to the annual report required above, a lobbyist shall file two (2) reports during regular sessions of the Legislature with the Secretary of State on February 25 and within ten (10) days after the Legislature's adjournment sine die. Such additional report shall include the name of the executive, legislative, or public official or public employee who receives anything of value from the lobbyist or from the lobbyist on behalf of the lobbyist's client, the name of the person receiving the payment, the name of the person making the payment, the amount of the payment and the date of the payment. However, any lobbyist who lobbies local government exclusively shall be exempt from the requirement of filing the reports required by this paragraph.
(7) (a) If the entire Legislature and all statewide elected officials are individually invited to a single function which is sponsored by a lobbyist on behalf of one or more lobbyist's clients and is to begin and end within one (1) day, then it shall not be necessary to report the costs related to food and beverages offered for immediate consumption as required in subsection (3) of this section, so long as food and beverages provided at such functions are offered equally to all invitees; however, in all such cases, the amount expended for such functions shall be reported in accordance with the provisions of this subsection.
(b) If the entire Legislature and all statewide elected officials are individually given or offered anything of value that is the same item or thing of value as required under Section 5-8-13(6), then it shall not be necessary to report such gifts on an individual basis as required in subsection (3) of this section; however, the total amount expended for such gifts shall be reported in accordance with the provisions of this subsection.
(c) The report of the expenditure connected with a single function or gift of anything of value as described in paragraphs (a) and (b) of this subsection shall be made by the lobbyist and shall include the following:
(i) The total amount of money expended for the function, reception or meal, or the cumulative total amount of money expended for the things of value provided, as the case may be;
(ii) The total number of persons in attendance at the function, reception or meal, or the total number of the things of value provided, as the case may be;
(iii) The total number of legislators in attendance at the function, reception or meal.
(8) A lobbyist shall maintain contemporaneous records of all expenditures reportable under Sections 5-8-1 through 5-8-19 of this chapter, and shall retain such records for a period of two (2) years.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
