House Bill 1416

(As Passed the House)

AN ACT TO CREATE THE "NOTIFICATION OF PUBLIC FUNDS USED IN THE MEDIA ACT"; TO PROVIDE THE PURPOSE FOR SUCH ACT; TO REQUIRE THAT ALL NOTICES, ADVERTISEMENTS, OR ANNOUNCEMENTS DESIGNED TO ACCOMPLISH DISTRIBUTION OF VITAL INFORMATION PAID FOR IN PART OR WHOLE THROUGH PUBLIC FUNDS AND DISTRIBUTED THROUGH THE MEDIA CONTAIN CERTAIN PHRASES; TO PROVIDE A FORMULA FOR ALLOTMENT OF PUBLIC FUNDS TO VARIOUS MEDIA OUTLETS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known as the "Notification of Public Funds Used in the Media Act."

SECTION 2. (1) The Legislature of the State of Mississippi acknowledges the role that the media in its various forms has served and is serving in distributing to the citizens of Mississippi vital information through advertising concerning governmental services, rules, regulations, laws, and their enforcement and application; and particularly acknowledges and appreciates the role that Mississippi Public Broadcasting plays in distributing vital information at all times and in particular during crisis. It is the Legislature’s intent to ensure that such information reaches as many Mississippians as possible and it is the Legislature’s intent that the expenditure of public funds for this purpose be accomplished in as efficient, effective and equitable a manner as possible. The Legislature recognizes the forms of media outlets currently being used to distribute such vital information through advertising as being public broadcasting, newspapers, television, radio, magazines, and electronic media, hereafter referred to as "media."

THEREFORE, In order that the public be made aware of the participation of the media in the distribution of such vital information, the Legislature hereby establishes requirements for the allotment of public funds for the purpose of distributing vital information to as many Mississippians as possible.

SECTION 3. (1) All notices, advertisements, or announcements designed to accomplish distribution of vital information paid for in part or whole through public funds and distributed through the media shall contain the phrase "This advertisement is paid for by the taxpayers of Mississippi."

(2) (a) Print media outlets receiving taxpayer money as described herein shall advertise during the month of August annually the total amount of taxpayer money received by such media outlet for the twelve (12) months preceding August.

(b) Broadcast and electronic media receiving taxpayer money shall advertise to the public daily and during prime time in the month of August annually the total amount of taxpayer money received by such media outlet for the twelve (12) months preceding August.

SECTION 4. All notices, advertisements, or announcements designed to accomplish distribution of vital information paid for wholly or in part through state taxpayer funds and distributed through the media shall be placed according to a formula based upon the following criteria:

(a) Outlets of the Mississippi Public Broadcasting System shall receive twenty percent (20%) of all expenditures allotted for any advertising campaign undertaken by any entity funded in whole or in part by the taxpayers of Mississippi, including, but not limited to, state agencies, boards and commissions, counties, municipalities and all legally recognized political subdivisions within the state. All distribution of information undertaken by the Mississippi Broadcasting System under these requirements shall conform to the accepted standards of information distribution common to public media.

(b) Media outlets, other than outlets of the Mississippi Public Broadcasting System, shall receive placement of such notices through the following method of distribution and based upon commonly accepted boundaries of distribution:

(i) Newspapers. Newspapers demonstrating established market reach through verifiable and auditable circulation numbers shall receive twenty-five percent (25%) of all expenditures allotted for distribution of vital information as described in this act, and such expenditures to the individual newspapers shall be determined and prorated based upon the verifiable and auditable share of total circulation within the individual counties. This requirement does not replace the requirements and systems currently in place regarding legal notices in the newspapers.

(ii) Radio. Radio stations demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information as described in this act, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual counties.

(iii) Television. Television stations and television cable outlets demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information as described in this act, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual demonstrated market reach area of the station or cable outlet.

(iv) Magazines. Magazines demonstrating established market reach through verifiable and auditable circulation numbers shall receive ten percent (10%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual magazines shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no magazine exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed among the other media outlets equally.

(v) Electronic media. Electronic media demonstrating established market reach through verifiable and auditable circulation numbers shall receive five percent (5%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual electronic media outlets shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no electronic media exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed equally among the other media outlets.

Provisions of this act do not apply to the placement of advertisements in national media outlets to recruit economic development or to promote tourism in the state.

SECTION 5. This act shall be in force from and after July 1, 2006.