Senate Bill 2636

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE MISSISSIPPI CORRUPT PERSONS LIST; TO ENACT DEFINITIONS; TO REQUIRE CREATION OF AN ONLINE REGISTRY OF OFFENDERS; TO ALLOW THE PROMULGATION OF RULES FOR THE IMPLEMENTATION OF THE ACT; TO CREATE NEW SECTION 5-8-2, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS ON THE LIST FROM LOBBYING; TO AMEND SECTION 25-1-113, MISSISSIPPI CODE OF 1972, TO PROHIBIT LOCAL GOVERNMENTS FROM HIRING PERSONS ON THE LIST FOR CERTAIN POSITIONS; TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, TO PROHIBIT APPOINTMENT OR ELECTION OF PERSONS ON THE LIST TO CERTAIN OFFICES OR EMPLOYMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Corrupt Persons List Act."

SECTION 2. As used in Sections 1 through 4 of this act:

(a) "Corrupt person" means a person convicted of any of the "white collar" crimes listed in Section 7-5-59(b).

(b) "Conviction" means a judgment entered by a Mississippi court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. "Conviction" includes a disposition of pretrial diversion or nonadjudication under Section 99-15-26.

SECTION 3. (1) The Mississippi Office of the State Auditor must create a corrupt persons list and post a publicly accessible list on its website of all corrupt persons. The list must be publicly available online by July 1, 2021.

(2) (a) The registry must include a photograph taken of the corrupt person as part of the booking process, the person's full legal name, and other identifying data as the Office of the State Auditor determines is necessary to properly identify the corrupt person and to exclude innocent persons.

(b) The registry must not include the corrupt person's social security number, driver's license number, or any other state or federal identification number.

(3) From and after July 1, 2020, every clerk of court must forward a copy of the judgment and name, sex and date of birth of every person convicted of any of the "white collar" crimes listed in Section 7-5-59(b) within sixty (60) calendar days of the date of judgment. Subject to subsection (4) of this section, the Office of the State Auditor must make a good-faith effort to capture and publish on the list all corrupt persons without regard to the date of conviction.

(4) (a) The Office of the State Auditor must maintain the person's name and other identifying information, described in subsection (2) of this section, on the corrupt persons list for ten (10) years following the date of conviction, after which time the Office of the State Auditor must remove the person's name and identifying information from the list if the person is not convicted of another registrable offense during that ten-year period.

(b) Upon a person's subsequent conviction for a registrable offense, the Office of the State Auditor must maintain the person's name and other identifying information, described in subsection (2) of this section permanently on the list.

(c) A person who has served any sentence imposed and paid all fines, penalties and any restitution ordered may be removed from the list after the satisfaction of the conditions of this paragraph (c) or eight (8) years, whichever comes last.

SECTION 4. The State Auditor may promulgate rules to effectuate the purposes of Sections 1 through 4 of this act. The rules must be promulgated in accordance with the Mississippi Administrative Procedures Law, Chapter 43, Title 25, Mississippi Code of 1972.

SECTION 5. The following shall be codified as Section 5-8-2, Mississippi Code of 1972:

5-8-2. A person who is listed on the Corrupt Persons List created in Sections 1 through 4 of this act is not eligible to be a lobbyist, to register as a lobbyist under Section 5-8-5, or to perform any of the activities defined as lobbying for a lobbyist's client.

SECTION 6. Section 25-1-113, Mississippi Code of 1972, is amended as follows:

25-1-113. (1) From and after July 1, 2013, the state and any county, municipality or any other political subdivision shall not employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.

(2) From and after July 1, 2014, the state and any county, municipality or any other political subdivision shall not employ or continue to employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.

(3) From and after July 1, 2020, the state and any county, municipality or any other political subdivision shall not hire any person who appears on the corrupt persons list created in Sections 1 through 4 of this act for any position where monies are collected or received from rate or fee payers.

SECTION 7. Section 99-19-35, Mississippi Code of 1972, is amended as follows:

99-19-35. A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, and a person who is listed on the corrupt person's list created in Sections 1 through 4 of this act shall not be allowed to be appointed to hold or perform the duties of any office of profit, trust, or honor, including service on a school board, unless after full pardon for the same.

SECTION 8. This act shall take effect and be in force from and after January 1, 2021, and shall stand repealed from and after December 31, 2021.