MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Apportionment and Elections

By: Representative Horne

AN ACT TO PROHIBIT THE MAKING AND ACCEPTING OF CAMPAIGN CONTRIBUTIONS BETWEEN HIGHWAY CONTRACTORS AND TRANSPORTATION COMMISSIONERS; TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified in Chapter 15, Title 23, Mississippi Code of 1972:

(1) It shall be unlawful for any Transportation Commissioner, any candidate for Transportation Commissioner, or any employee of the Department of Transportation to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person acting in any respect for such owner, agent or representative of any owner, agent or representative, in the business of contracting or subcontracting to build or maintain roads or in the business of the manufacture, sale, distribution or purchase of any kind of road building machinery or equipment, or of any kind of material for constructing or maintaining roads, or in the business of writing surety bonds for contractors engaged in road building. 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), or imprisoned in the State Penitentiary for not less than one (1) year nor more than three (3) years, or both.

(2) It shall be unlawful for any person interested as owner, agent or representative, or any person acting in any respect for such owner, agent or representative of any person or entity in the business of contracting or subcontracting to build or maintain roads or in the business of the manufacture, sale, distribution or purchase of any kind of road building machinery or equipment, or of any kind of material for constructing or maintaining roads, or in the business of writing surety bonds for contractors engaged in road building. Any person found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not less than one (1) year or more than three (3) years, or both.

(3) For the purposes of this section the term "emolument" shall include salary, donations, contributions, loans, stock tips, vacations, trips, honorarium, directorships or consulting posts. Expenses associated with social occasions afforded public servants shall not be deemed a gift, emolument or other pecuniary benefit as defined in Section 25-4-103(k).

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.