Bill Text: MS SB2825 | 2023 | Regular Session | Introduced

Mississippi Senate Bill 2825 (Prior Session Legislation)

Introduced

Bill Title: State agencies; prohibit radio and TV advertising to promote agency programs except in certain instances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [SB2825 Detail]

Download: Mississippi-2023-SB2825-Introduced.html

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Sojourner

Senate Bill 2825

AN ACT TO CREATE NEW SECTION 25-9-120.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT STATE AGENCIES FROM USING RADIO AND TELEVISION ADVERTISING TO PROMOTE AGENCY PROGRAMS, EXCEPT IN CERTAIN INSTANCES; TO AMEND SECTION 25-9-120, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BIDDING OF AGENCY ADVERTISING CONTRACTS; TO PROVIDE A PROCEDURE FOR BIDDING CONTRACTS FOR TELEVISION AND RADIO ADVERTISING WHEN PROCURED WITH FEDERAL FUNDS; TO PROVIDE THAT A PERSON WHO IS A CANDIDATE FOR PUBLIC OFFICE SHALL NOT APPEAR IN, OR LEND HIS OR HER NAME, IMAGE OR VOICE TO ANY PUBLIC SERVICE ANNOUNCEMENT OR ANY ADVERTISEMENT THAT IS PRODUCED ON BEHALF OF ANY STATE-ADMINISTERED PROGRAM OR PAID FOR WITH PUBLIC FUNDS, FROM THE TIME THAT THE PERSON QUALIFIES AS A CANDIDATE FROM PUBLIC OFFICE UNTIL THE TIME THE PERSON IS NO LONGER A CANDIDATE FOR PUBLIC OFFICE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 25-9-120.1, Mississippi Code of 1972:

25-9-120.1. (1) No state agency, as defined in Section 25-9-107(d), shall expend any appropriated funds for the purpose of advertising any program of the agency on radio or television. For purposes of this section, "advertising" shall mean the purchase of promotional time the purpose of which is to promote agency programs and activities. Any contract entered into between an agency and a radio or television broadcaster, or any agent hired by the agency, to buy radio or television time for advertising shall be void and unenforceable.

(2) The Department of Finance and Administration shall not issue any warrant to pay for any radio or television advertising described herein.

(3) The provision of this section shall not apply in cases wherein the agency has received grants from the United States government the terms of which require that the grant recipient use radio or television advertising to assist in accomplishing the purposes of the grant. Any agency wishing to procure advertising for such purposes must comply with the provisions of Section 25-9-120. Any agency using federal funds to procure radio or television advertising shall, upon requesting the issuance of a warrant through the Department of Finance and Administration to pay for such services, provide the Department of Finance and Administration with all necessary documentation supporting the purchase, including any federal requirement that the agency use radio or television advertising, and all procedures followed to comply with a competitive procurement.

(4) This section shall not be applicable to any agency that obtains public service announcements from radio and television broadcasters at no cost to the agency and shall not apply to agency use of services offered by the Mississippi Authority for Educational Television.

(5) This section shall not apply to any state institution of higher learning or any community and junior college.

SECTION 2. Section 25-9-120, Mississippi Code of 1972, is amended as follows:

25-9-120. (1) Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or nonstate service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, or the State and School Employees' Health Insurance Plan, nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. Contract workers, i.e., contract personnel who do not meet the criteria of independent contractors, shall be subject to the provisions of Section 25-11-127.

(2) The Personal Service Contract Review Board is abolished. The Public Procurement Review Board shall be the Personal Service Contract Review Board and shall retain all powers and duties granted by law to the Personal Service Contract Review Board. All equipment, inventories, records, personnel, resources and other property, real or personal, tangible or intangible, of the Personal Service Contract Review Board shall be transferred to the Public Procurement Review Board as provided in Section 27-104-7. The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Personal Service Contract Review Board on June 30, 2017. Wherever the terms "Personal Service Contract Review Board" or "board," when referring to the Personal Service Contract Review Board, appear in any law, rule, regulation or document the same shall be construed to mean the Public Procurement Review Board.

(3) The Public Procurement Review Board shall have the power to:

(a) Promulgate rules and regulations for the procurement of advertising by state agencies. For the purposes of this paragraph, the term "advertising" shall include state agency purchases of promotional space or time, with appropriated funds, from newspapers, radio stations and television advertising as described in Section 25-9-120.1(3), billboards, pamphlets, brochures, flyers, professional publications, magazines, telephone directories, internet advertising or other similar media the purpose of which is to promote a program or other activity of an agency.

(b) For purposes of this subsection (3), advertising shall not include classified advertisements purchased in newspapers or other media announcing employment opportunities or the placement of legal notices in newspapers of general circulation.

(c) Regulations promulgated under this paragraph shall be applicable to all advertising purchases made by state agencies without regard to the value of the purchase. The board shall review all proposed state agency advertising contracts prior to their becoming effective to ensure compliance with board regulations and this subsection.

(d) This subsection shall not apply to any state institution of higher learning or any community and junior college.

SECTION 3. (1) A person who is a candidate for public office shall not appear in, or lend his or her name, image or voice to any public service announcement or any advertisement that is produced on behalf of any state-administered program or paid for with public funds, from the time that the person qualifies as a candidate from public office until the time the person is no longer a candidate for public office.

(2) Subsection (1) of this section shall not apply if the public service announcement or advertisement is in response to a disaster or state or national emergency if the announcement or advertisement is reasonably necessary for an official function of the candidate.

(3) This section shall not prohibit a candidate from appearing in a broadcast of official governmental proceedings.

SECTION 4. This act shall take effect and be in force from and after July 1, 2023.