Senate Bill 2918

AN ACT TO CREATE NEW SECTION 83-1-53, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE COMMISSIONER OF INSURANCE, CANDIDATES RUNNING FOR COMMISSIONER OF INSURANCE OR AN EMPLOYEE OF THE DEPARTMENT OF INSURANCE, FROM RECEIVING CAMPAIGN CONTRIBUTIONS FROM ENTITIES FOR WHICH THE DEPARTMENT OF INSURANCE REGULATES; TO PROHIBIT COVERED PERSONS FROM MAKING A CAMPAIGN CONTRIBUTION TO THE COMMISSIONER OF INSURANCE, CANDIDATES RUNNING FOR COMMISSIONER OF INSURANCE OR AN EMPLOYEE OF THE DEPARTMENT OF INSURANCE; TO ESTABLISH PENALTIES FOR VIOLATIONS OF THE PROHIBITIONS ESTABLISHED BY THIS CODE SECTION; TO ALLOW ANY PERSON WHO UNKNOWINGLY RECEIVES A CAMPAIGN CONTRIBUTION FROM A PROHIBITED COVERED PERSON TO HAVE 30 DAYS TO REMIT THE VALUE OF THE UNLAWFUL CONTRIBUTION TO THE SECRETARY OF STATE ONCE THE VIOLATION HAS BEEN DETERMINED, OR BE SUBJECT TO THE PROVIDED PENALTIES; TO DEFINE RELEVANT TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 83-1-53, Mississippi Code of 1972:

83-1-53. (1) It shall be unlawful for the Commissioner of Insurance, any candidate for Commissioner for Insurance or any employee of the Department of Insurance to knowingly accept any campaign contributions from a covered person. Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned for not less than one (1) year, or both.

(2) It shall be unlawful for a covered person to offer any campaign contributions to the Commissioner of Insurance, any candidate for Commissioner of Insurance or any employee of the Department of Insurance. Any party found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned for not less than one (1) year, or both.

(3) If an unlawful campaign contribution is unknowingly received, the value of the unlawful contribution shall be paid to the Secretary of State within thirty (30) days of discovery. Any person who fails to remit payment to the Secretary of State within thirty (30) days shall be subject to the penalties set forth in subsections (1) or (2) of this section. The Secretary of State shall remit any payment received to the Election Support Fund.

(4) For purposes of this section, the term "campaign contribution" shall include any gift, loan, advance, or anything of value, or the cancellation of a debt, made to influence an election for the office of Commissioner of Insurance. Expenses associated with social occasions afforded to public servants shall not be deemed a campaign contribution.

(5) For purposes of this section, the term "Covered Person" shall include:

(a) Any person who is an owner, agent or legal representative of any and all insurance companies, corporations, associations or entities regulated by the Commissioner of Insurance;

(b) Any person interested as owner, agent or legal representative of any and all insurance companies, corporations, associations or entities regulated by the Commissioner of Insurance; or

(c) Any person acting at the request or direction of an owner, agent or legal representative of any and all insurance companies, corporations, associations or entities regulated by the Commissioner of Insurance.

Notwithstanding anything to the contrary, a person shall not be considered a "covered person" under this section based solely on such person submitting a complaint or other inquiry, formal or informal, to the Department of Insurance or any department staff concerning service, billing or any other aspect of the service provided by any and all insurance companies, corporations, associations or entities regulated by the Commissioner of Insurance.

(6) For purposes of this section, a person who is a member of an insurance company, corporation, association or entity regulated by the Commissioner of Insurance, shall not, by virtue of such membership, be deemed an owner, agent or representative of such association unless such person is acting in any respect for or as an owner, agent or representative of such insurance entities; nor shall a person who owns less than one-half (1/2) of one percent (1%) in stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of any and all insurance companies, corporations, associations or entities regulated by the Commissioner of Insurance, or of any holding company of such insurance entity, by virtue of such ownership, be deemed an owner, agent or representative of such insurance entity, unless such person is acting in any respect for or as an owner, agent or representative of such insurance entity.

SECTION 2. This act shall take effect and be in force from and after June 30, 2026.