MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Wallace
AN ACT TO AMEND SECTION 5-8-3, MISSISSIPPI CODE OF 1972, TO PROVIDE DEFINITIONS FOR "FOREIGN ADVERSARY" AND "FOREIGN PRINCIPAL"; TO AMEND SECTION 5-8-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LOBBYIST'S REGISTRATION STATEMENT SHALL INCLUDE WHETHER THE LOBBYIST'S CLIENT IS A FOREIGN PRINCIPAL OF A FOREIGN ADVERSARY, AND, IF SO, THE NAME OF THE FOREIGN ADVERSARY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5-8-3, Mississippi Code of 1972, is amended as follows:
5-8-3. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) (i) "Anything of value" means:
1. A pecuniary item, including money, or a bank bill or note;
2. A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;
3. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money;
4. A stock, bond, note or other investment interest in an entity;
5. A receipt given for the payment of money or other property;
6. A right in action;
7. A gift, tangible good, chattel or an interest in a gift, tangible good or chattel;
8. A loan or forgiveness of indebtedness;
9. A work of art, antique or collectible;
10. An automobile or other means of personal transportation;
11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
12. An honorarium or compensation for services;
13. A rebate or discount in the price of anything of value, unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;
14. A promise or offer of employment;
15. Any other thing of value that is pecuniary or compensatory in value to a person, except as otherwise provided in subparagraph (ii) of this paragraph; or
16. A payment that directly benefits an executive, legislative or public official or public employee or a member of that person's immediate family.
(ii) "Anything of value" does not mean:
1. Informational material such as books, reports, pamphlets, calendars or periodicals informing an executive, legislative or public official or public employee of her or his official duties;
2. A certificate, plaque or other commemorative item which has little pecuniary value;
3. Food and beverages for immediate consumption provided by a lobbyist up to a value of Ten Dollars ($10.00) in the aggregate during any calendar year;
4. Campaign contributions reported in accordance with Section 23-15-801 et seq., Mississippi Code of 1972.
(b) "Commission" means the Mississippi Ethics Commission, when used in the context of Section 5-8-19.
(c) "Compensation" means:
(i) An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs; or
(ii) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs, for services rendered or to be rendered.
(d) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a state or local governmental entity of a rule, regulation, order, decision, determination or other quasi-legislative action or proceeding.
(e) "Executive agency" means:
(i) An agency, board, commission, governing authority or other body in the executive branch of state or local government; or
(ii) An independent body of state or local government that is not a part of the legislative or judicial branch, but which shall include county boards of supervisors.
(f) "Executive official" means:
(i) A member or employee of a state agency, board, commission, governing authority or other body in the executive branch of state or local government; or
(ii) A public official or public employee, or any employee of such person, of state or local government who takes an executive action.
(g) "Expenditure" means:
(i) 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;
(ii) A payment to a lobbyist for salary, fee, commission, 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;
(iii) 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;
(iv) A payment that directly benefits an executive, legislative or public official or a member of the official's immediate family;
(v) 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 made at the direction of the employee's employer;
(vi) 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
(vii) A payment or reimbursement for food, beverages, travel, lodging, entertainment or sporting activities.
(h) "Foreign adversary" means a foreign government or foreign nongovernment persons who have been designated as a foreign adversary by the United States Secretary of Commerce.
(i) "Foreign principal" means:
(i) The government of any official of the government of a foreign adversary;
(ii) A political party or member of a political party or any subdivision of a political party in a foreign adversary;
(iii) A partnership, association, corporation, organization or other combination of persons organized under the laws of or having its principal place of business in a foreign adversary, or a subsidiary of such entity;
(iv) Any person who is domiciled in a foreign adversary and is not a citizen or lawful, permanent resident of the United States; or
(v) Any person, entity or collection of persons or entities, described in subparagraphs (i) through (iv) having a controlling interest in a partnership, association, corporation, organization trust, or other legal entity or subsidiary.
( * * *j) "Gift" means anything of
value to the extent that consideration of equal or greater value is not
received, including a rebate or discount in the price of anything of value
unless the rebate or discount is made in the ordinary course of business to a member
of the public without regard to that person's status as an executive,
legislative or public official.
( * * *k) "Legislative action"
means:
(i) Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of a bill, resolution, amendment, motion, report, nomination, appointment or other matter by the Mississippi State Legislature or a member or employee of the Legislature acting or purporting to act in an official capacity;
(ii) Action by the Governor in approving or vetoing a bill or other action of the Legislature;
(iii) Action by the Legislature in:
1. Overriding or sustaining a veto by the Governor; or
2. Considering, confirming or rejecting an executive appointment of the Governor.
( * * *l) "Legislative official"
means:
(i) A member, member-elect or presiding officer of the Legislature;
(ii) A member of a commission or other entity established by and responsible to either or both houses of the Legislature;
(iii) A staff member, officer or employee to a member or member-elect of the Legislature, to a member of a commission or other entity established by and responsible to either or both houses of the Legislature, or to the Legislature or any house, committee or office thereof.
( * * *m) "Lobbying" means:
(i) Influencing or attempting to influence legislative or executive action through oral or written communication; or
(ii) Solicitation of others to influence legislative or executive action; or
(iii) Paying or promising to pay anything of value directly or indirectly related to legislative or executive action.
( * * *n) "Lobbyist" means:
(i) An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying;
(ii) An individual who represents a legislative or public official or public employee, or who represents a person, organization, association or other group, for the purpose of lobbying;
(iii) A sole proprietor, owner, part owner or shareholder in a business who has a pecuniary interest in legislative or executive action, who engages in lobbying activities; or
(iv) Any individual described in subparagraphs (i), (ii) or (iii) of this paragraph (l) who is employed by or has contracted with any agency, legislative or public official or public employee, or any other public entity for the purpose of providing any type of consulting or other similar service but also engages in any type of lobbying activities. Such individual shall not qualify for any exemption under Section 5-8-7.
( * * *o) "Lobbyist's client" means
the person in whose behalf the lobbyist influences or attempts to influence
legislative or executive action.
( * * *p) "Local" means all
entities of government at the county, county-district, multicounty district,
municipal or school district level.
( * * *q) "Person" means an individual,
proprietorship, firm, partnership, joint venture, joint-stock company, syndicate,
business trust, estate, company, corporation, association, club, committee,
organization or group of persons acting in concert.
( * * *r) "Public employee" means
an individual appointed to a position, including a position created by statute,
whether compensated or not, in state or local government and includes any
employee of the public employee. The term includes a member of the board of
trustees, chancellor, vice chancellor or the equivalent thereof in the state
university system or the state community and junior college system, and a
president of a state college or university.
( * * *s) "Public official" means
an individual elected to a state or local office, or an individual who is
appointed to fill a vacancy in the office.
( * * *t) "Value" means the retail
cost or fair market worth of an item or items, whichever is greater.
SECTION 2. Section 5-8-5, Mississippi Code of 1972, is amended as follows:
5-8-5. (1) Except as otherwise provided in Section 5-8-7 of this chapter and in addition to reports required by Sections 5-8-9 and 5-8-11 of this chapter, every lobbyist and every lobbyist's client shall file a registration statement with the Secretary of State within five (5) calendar days after becoming a lobbyist, becoming a lobbyist's client or beginning to lobby for a new client. The filing of every registration statement shall be accompanied by the payment of a registration fee of Twenty-five Dollars ($25.00) to the Secretary of State. The lobbyist shall file the registration statement and pay the fees to the Secretary of State for each lobbyist's client whom the lobbyist represents.
(2) The registration statement shall include the following:
(a) The name, address, occupation and telephone number of the lobbyist;
(b) The name, address, telephone number and principal place of business of the lobbyist's client;
(c) The kind of business of the lobbyist's client;
(d) The full name of the person or persons who control the lobbyist's client, the partners, if any, and officers of the lobbyist's client;
(e) The full name,
address and telephone number of each lobbyist employed by or representing the
lobbyist's client; * * *
(f) Whether the lobbyist's client is a foreign principal of a foreign adversary, and, if so, the name of the foreign adversary; and
( * * *g) A statement or statements by the lobbyist
and lobbyist's client indicating the specific nature of the issues being
advocated for or against on behalf of the lobbyist's client, with sufficient
detail so that the precise nature of the lobbyist's advocacy is evident from
the statement itself.
(3) Registration shall be valid for one (1) calendar year, commencing January 1 and ending December 31 of each year. If the lobbyist or lobbyist's client shall register after January 1, the registration shall be effective upon actual receipt by the Secretary of State and shall cease on December 31 of each year.
(4) A lobbyist or lobbyist's client may terminate his registration by filing an expenditure report required under this chapter. Such report shall include information through the last day of lobbying activity. The termination report must indicate that the lobbyist intends to use the report as the final accounting of lobbying activity.
(5) The Secretary of State shall prescribe and make available to every lobbyist and lobbyist's client appropriate forms for filing registration statements as required by Sections 5-8-1 through 5-8-19 of this chapter.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.