Senate Bill 2053

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE SECTION 5-8-25, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS AND TO PROHIBIT STATE AGENCIES AND POLITICAL SUBDIVISIONS FROM LOBBYING THE LEGISLATURE OR EXPENDING PUBLIC FUNDS TO PAY CONTRACT LOBBYISTS; TO PROHIBIT GOVERNMENTAL ENTITY SPONSORSHIP OF CERTAIN PRIVATE CONVENTIONS AND SEMINARS, AND TO PROHIBIT THE HIRING OF CONTRACT LOBBYISTS; TO PROHIBIT AN ELECTED OFFICIAL FROM APPEARING IN PUBLICLY FUNDED ADVERTISEMENTS DURING THE YEAR OF THE GENERAL ELECTION IF THE OFFICIAL IS A CANDIDATE, EXCEPT IN CASES OF A STATE OR NATIONAL EMERGENCY; 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) "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.

(b) "Lobbying" means any activity as defined as "lobbying" in Sections 5-8-3 and 5-8-7, Mississippi Code of 1972, however, does not include providing technical information to legislators or legislative staff.

(c) "Public employee" means any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the Mississippi State Legislature or by the governing body of any political subdivision thereof, or any other body politic within the State of Mississippi.

(d) "Public funds" means all general funds of the state or political subdivision and all other fees, local levies, or other revenues generated by the agency or political subdivision that are available for expenditure by an agency or political subdivision. However, the term "public funds" does not include gifts, donations or endowments received by an individual institution of higher learning or a community or junior college.

(e) "Public official" means:

(i) Any elected official of the State of Mississippi or any political subdivision thereof or any other body politic within the State of Mississippi; or

(ii) Any member, officer, director, commissioner, supervisor, chief, head, agent or employee of the State of Mississippi, or any agency thereof, of any political subdivision of the State of Mississippi, of any body politic within the State of Mississippi, or of any public entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the state, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds.

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

(2) (a) No state agency or political subdivision of the state, as defined by Section 11-46-1, shall expend any public funds (i) to pay any officer or any employee of that state agency or political subdivision to lobby as defined by Sections 5-8-3 and 5-8-7, or (ii) to pay any person, firm or association or other collective of individuals to perform contract lobbying for the agency or political subdivision.

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

(c) Any employee of a state agency or political subdivision 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. No general funds of any state agency or political subdivision of the state, as defined in Section 11-46-1, may be used to sponsor a conference, convention or training seminar that is held or organized by a lobbyist or lobbyist's client, as defined in Sections 5-8-3 and 5-8-7, nor used to hire a contract lobbyist. Nothing in this section shall be construed to prevent the general funds of any state agency or political subdivision from being used to pay an association's membership dues, or registration fee and expenses for the attendance by a public official or employee of such a conference, convention or training seminar.

SECTION 3. (1) No elected official shall use or permit the use of public funds for any advertisement in a newspaper, on radio, or on television that contains his name, voice or likeness during the period beginning January 1 and continuing through the general election if that official is a candidate, except in cases of a state or national emergency. When the elected official pays the required fee to enter an election for public office, he shall also file an affidavit stating that he has not violated the provisions of this section.

(2) For the purposes of this section, the term "advertisement" means material, content, display or publication related to any state agency or local governmental entity or any service available through any state agency or local governmental entity that is: (a) disseminated by radio, internet or television; or (b) printed in any newspaper, magazine, billboard or placard. The term "advertisement" shall not include items such as newsletters, public information pamphlets, public information on the official websites of state agencies or local governmental entities, directional signage, stationery, letterhead or business cards.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.