MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Polk, McDaniel
AN ACT TO CREATE SECTION 5-8-25, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS AND TO PROHIBIT STATE AGENCIES FROM EXPENDING PUBLIC FUNDS TO PAY 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) "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.
(b) "Community or junior college" means all community or junior colleges and their boards of trustees established or empowered by Chapter 29, Title 37, Mississippi Code of 1972.
(c) "Public funds" means all funds appropriated by the Legislature and all other fees, local levies, or other revenues generated by the agency or a community or junior college that are available for expenditure by an agency or a community or junior college. However, the term "public funds" shall not include gifts, donations or endowments received by an individual institution of higher learning or a community or junior college.
(d) "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.
(e) "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.
(2) (a) No state agency or a community or junior college shall expend any public funds to pay any person, firm or association or other collective of individuals to perform contract lobbying for such agency or a community or junior college.
(b) Any contract entered into between an agency or a community or junior college with a contract lobbyist shall be void and unenforceable.
(c) Any employee of a state agency or a community or junior college 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. This act shall take effect and be in force from and after July 1, 2017.