Senate Bill 2632

AN ACT TO CREATE SECTION 5-8-25, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS AND TO PROHIBIT STATE AGENCIES FROM LOBBYING THE LEGISLATURE OR EXPENDING PUBLIC FUNDS TO PAY CONTRACT LOBBYISTS; TO AMEND SECTION 5-8-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 5-8-25, Mississippi Code of 1972:

5-8-25. (1) For purposes of this section, the following terms shall have the meanings set out herein ascribed to them:

(a) "State Agency" means any board, commission, department, authority, the Board of Trustees of State Institutions of Higher Learning, and the individual institutions of higher learning.

(b) "Community or junior college" means all community or junior colleges and their boards of trustees established or empowered by Chapter 29, Title 37, Mississippi Code of 1972.

(c) "Public funds" means all funds appropriated by the Legislature and all other fees, local levies, or other revenues generated by the agency or a community or junior college that are available for expenditure by an agency or a community or junior college.

(d) "Lobbying" means any activity as defined as "lobbying" in Section 5-8-3, Mississippi Code of 1972, however, does not include providing technical information to legislators or legislative staff.

(e) "Contract lobbying" means any lobbying of the Mississippi Legislature performed by an independent contractor or lobbying that is performed by a contract worker of an agency or a community or junior college.

(2) (a) No state agency or a community or junior college shall expend any public funds (i) to pay any officer or any employee of that state agency or community/junior college to lobby the Legislature, or (ii) to pay any person, firm or association or other collective of individuals to perform contract lobbying for such agency or a community or junior college.

(b) Any contract entered into between an agency or a community or junior college with a contract lobbyist shall be void and unenforceable.

(c) Any employee of a state agency or a community or junior college who authorizes payment of public funds to pay a person, firm, association or other collective of individuals who engage in contract lobbying shall be subject to dismissal.

SECTION 2. Section 5-8-13, Mississippi Code of 1972, is amended as follows:

5-8-13. (1) A lobbyist shall not contract to receive or accept compensation dependent upon the success or failure of a legislative or executive action.

(2) A lobbyist or lobbyist's client shall not knowingly or willfully make or cause to be made a false statement or misrepresentation of facts to an executive, legislative or public official or public employee, or to the public in general with the intent to affect the outcome of a legislative or executive action.

(3) A lobbyist or lobbyist's client shall not cause a legislative or executive action for the purpose of obtaining employment to lobby in support of or in opposition to the legislative or executive action.

(4) An executive, legislative or public official or public employee shall not be a lobbyist * * *.

(5) A lobbyist must disclose anything of value given in whole or in part to any executive, legislative or public official or public employee.

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.