Bill Text: MS SB2522 | 2019 | Regular Session | Introduced
Bill Title: Governmental entities; prohibit public funding of advertisements, lobbying activities and certain conventions or other meetings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2522 Detail]
Download: Mississippi-2019-SB2522-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Hill
Senate Bill 2522
AN ACT TO CREATE SECTION 5-8-25, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS AND TO PROHIBIT STATE AGENCIES AND POLITICAL SUBDIVISIONS FROM LOBBYING THE LEGISLATURE OR EXPENDING PUBLIC FUNDS TO PAY CONTRACT LOBBYISTS; TO AMEND SECTION 5-8-13, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE FROM SERVING FOR A FEE AS A LOBBYIST FOR A PERIOD OF TWO YEARS AFTER HE LEAVES SUCH MEMBERSHIP; TO PROHIBIT GOVERNMENTAL ENTITY SPONSORSHIP, IN WHOLE OR IN PART, OF CERTAIN PRIVATE CONVENTIONS AND MEETINGS, AND TO PROHIBIT THE HIRING OF CONTRACT LOBBYISTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 5-8-25, Mississippi Code of 1972:
5-8-25. (1) For purposes of this section, the following terms shall have the meanings set out herein ascribed to them:
(a) "Contract lobbying" means any lobbying of the Mississippi Legislature performed by an independent contractor or lobbying that is performed by a contract worker of an agency or a community or junior college.
(b) "Lobbying" means any activity as defined as "lobbying" in Section 5-8-3, Mississippi Code of 1972, however, does not include providing technical information to legislators or legislative staff.
(c) "Public employee" means any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the Mississippi State Legislature or by the governing body of any political subdivision thereof, or any other body politic within the State of Mississippi.
(d) "Public funds" means all general funds of the state or political subdivision and all other fees, local levies, or other revenues generated by the agency or political subdivision that are available for expenditure by an agency or political subdivision. However, the term "public funds" does not include gifts, donations or endowments received by an individual institution of higher learning or a community or junior college.
(e) "Public official" means:
(i) Any elected official of the State of Mississippi or any political subdivision thereof or any other body politic within the State of Mississippi; or
(ii) Any member, officer, director, commissioner, supervisor, chief, head, agent or employee of the State of Mississippi, or any agency thereof, of any political subdivision of the State of Mississippi, of any body politic within the State of Mississippi, or of any public entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the state, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds.
(f) "State agency" means any board, commission, department, and authority of the State of Mississippi, including the Board of Trustees of State Institutions of Higher Learning, and the individual institutions of higher learning.
(2) (a) No state agency or political subdivision of the state, as defined by Section 11-46-1, shall expend any public funds (i) to pay any officer or any employee of that state agency or political subdivision to lobby as defined by Section 5-3-8, or (ii) to pay any person, firm or association or other collective of individuals to perform contract lobbying for the agency or political subdivision.
(b) Any contract entered into between an agency or political subdivision with a contract lobbyist shall be void and unenforceable.
(c) Any employee of a state agency or political subdivision who authorizes payment of public funds to pay a person, firm, association or other collective of individuals who engage in contract lobbying shall be subject to dismissal.
SECTION 2. 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) * * * A public
official or public employee shall * * * not serve for a fee as a
lobbyist or otherwise represent clients before the board, agency, commission,
department or legislative body, of which he is a former member for a period of
two (2) years after he leaves such membership.
(5) A lobbyist must
disclose anything of value given in whole or in part to any * * * public official or
public employee.
SECTION 3. No general funds of any state agency or political subdivision of the state, as defined in Section 11-46-1, may be used to sponsor, fund, in whole or in part, or to obtain attendance at a meeting, conference, convention or training seminar that is sponsored by a lobbyist or lobbyist's client as defined in Section 5-8-3, nor to hire a contract lobbyist.
SECTION 4. This act shall take effect and be in force from and after July 1, 2019.
