2007 Regular Session
To: Judiciary A
By: Representative Mayo
AN ACT TO AMEND SECTION 25-4-3, MISSISSIPPI CODE OF 1972, TO CONFORM THE DEFINITIONS OF "BUSINESS" IN THE CHAPTER OF LAW PERTAINING TO ETHICS IN GOVERNMENT; TO AMEND SECTION 25-4-27, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PERSON MUST HAVE AT LEAST A TEN PERCENT INTEREST IN A BUSINESS IN ORDER TO REPORT THAT INTEREST IN AN ETHICS STATEMENT OF ECONOMIC INTEREST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-4-3, Mississippi Code of 1972, is amended as follows:
25-4-3. As used in this chapter, unless the context requires otherwise:
(a) "Advisory boards or commissions" * * * means committees created solely to provide technical or professional knowledge or expertise to a parent organization, and whose members exercise no direct authority to expend public funds other than reimbursement for personal expenses incurred as a result of a member's service on the advisory board.
(b) "Business" * * * means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, self-employed individual, joint stock company, receivership, trust or other legal entity or undertaking organized for economic gain, or a nonprofit corporation or other such entity, association or organization receiving public funds.
(c) "Candidate for public office" * * * means an individual who has filed the necessary documents or papers to appear as a candidate for nomination for election or election to any elective office existing under the laws of the State of Mississippi, including primary, special or general elections. The term "candidate" does not include any person within the meaning of Section 301(b) of the Federal Election Campaign Act of 1971.
(d) "Commission" * * * means the Mississippi Ethics Commission.
(e) "Compensation" * * * means money or thing of value received, or to be received, from any person for services rendered or to be rendered.
(f) "Income" * * * means money or thing of value received, or to be received, from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, forgiveness of debt, fee, royalty or any combination thereof.
(g) "Person" * * * means any individual, firm, business, corporation, association, partnership, union or other legal entity.
(h) "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.
(i) "Public funds" * * * means all monies, whether federal, state, district or local.
(j) "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.
(k) "Business with which he is associated" means any business of which a public servant or his relative is an officer, director, owner, partner, employee or is a holder of more than ten percent (10%) of the fair market value or from which he or his relative derives more than One Thousand Dollars ($1,000.00) in annual income or over which such public servant or his relative exercises control.
SECTION 2. Section 25-4-27, Mississippi Code of 1972, is amended as follows:
25-4-27. Each person specified under Section 25-4-25 shall file a statement in accordance with the provisions of this chapter which shall be signed under oath as to the accuracy and completeness of the information set forth to the best knowledge of the person submitting such statement. The statement shall include the following information:
(a) The name and residential and business addresses of such person;
(b) The title, position and offices whereby such person is required to file;
(c) All other occupations of such person and his spouse during the preceding calendar year and up to the date of filing;
(d) The positions held by such person or his spouse during the preceding calendar year and up to the date of filing in any business, partnership or corporation organized for profit, listed by name and address;
(e) The names and addresses of all businesses with which such person is associated during the preceding calendar year and up to the date of filing * * *;
(f) The types of the gross income sources of such person or his spouse for preceding calendar year in excess of Two Thousand Five Hundred Dollars ($2,500.00); each entry under this subsection (f) shall contain the name of the general type of such business or enterprise and the nature of the income as to whether it was salary, fees, dividends, interest, profit, commissions, royalty, rent or other;
(g) All retainers listed by type, but not amount, received by each person or his spouse during the preceding calendar year and up to the date of filing; for the purposes of this chapter, "retainer" shall mean a consideration or fee paid on a regular and continuing basis to a person for services, whether or not specific services are performed by such person;
(h) Any representation or intervention by a person specified under Section 25-4-25(a) and (d) for any person for compensation in the preceding calendar year and up to the date of filing before the Joint Legislative Budget Committee, State Fiscal Management Board, the Public Service Commission, Oil and Gas Board, Commissioner of Banking and Consumer Finance, State Board of Banking Review, the State Personnel Board, the Central Data Processing Authority or the State Tax Commission; provided, however, that this provision shall not apply where such representation involves only uncontested or routine matters. Such statement shall identify the person represented and the nature of the business involved; and
(i) The filing party shall list all public bodies from which he or his spouse received compensation in excess of One Thousand Dollars ($1,000.00) during the preceding calendar year.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.