| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Accountability, Efficiency, Transparency By: Senator(s) Thompson Senate Bill 2089 AN ACT TO AMEND SECTIONS 5-8-3, 5-8-5, AND 5-8-19, MISSISSIPPI CODE OF 1972, RELATING TO THE REGULATION OF LOBBYING, TO REQUIRE ANY LOBBYIST WHO HAS A MATERIAL FINANCIAL INTEREST IN A BUSINESS THAT MAY BENEFIT FROM LEGISLATIVE ACTION BY THE MISSISSIPPI LEGISLATURE TO MAKE A WRITTEN DISCLOSURE TO THE LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE AND THE CHAIRMEN OF THE COMMITTEES TO WHICH THE LEGISLATION IS ASSIGNED PRIOR TO FLOOR ACTION BY THE FULL SENATE OR HOUSE AS THE CASE MAY BE; TO PROVIDE DEFINITIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 5-8-3, Mississippi Code of 1972, is amended as follows: 5-8-3. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: (a) (i) "Anything of value" means: 1. A pecuniary item, including money, or a bank bill or note; 2. A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money; 3. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money; 4. A stock, bond, note or other investment interest in an entity; 5. A receipt given for the payment of money or other property; 6. A right in action; 7. A gift, tangible good, chattel or an interest in a gift, tangible good or chattel; 8. A loan or forgiveness of indebtedness; 9. A work of art, antique or collectible; 10. An automobile or other means of personal transportation; 11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty; 12. An honorarium or compensation for services; 13. A rebate or discount in the price of anything of value, unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public; 14. A promise or offer of employment; 15. Any other thing of value that is pecuniary or compensatory in value to a person, except as otherwise provided in subparagraph (ii) of this paragraph; or 16. A payment that directly benefits an executive, legislative or public official or public employee or a member of that person's immediate family. (ii) "Anything of value" does not mean: 1. Informational material such as books, reports, pamphlets, calendars or periodicals informing an executive, legislative or public official or public employee of her or his official duties; 2. A certificate, plaque or other commemorative item which has little pecuniary value; 3. Food and beverages for immediate consumption provided by a lobbyist up to a value of Ten Dollars ($10.00) in the aggregate during any calendar year; 4. Campaign contributions reported in accordance with Section 23-15-801 et seq., Mississippi Code of 1972. (b) "Commission" means the Mississippi Ethics Commission, when used in the context of Section 5-8-19. (c) "Compensation" means: (i) An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs; or (ii) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs, for services rendered or to be rendered. (d) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a state or local governmental entity of a rule, regulation, order, decision, determination or other quasi-legislative action or proceeding. (e) "Executive agency" means: (i) An agency, board, commission, governing authority or other body in the executive branch of state or local government; or (ii) An independent body of state or local government that is not a part of the legislative or judicial branch, but which shall include county boards of supervisors. (f) "Executive official" means: (i) A member or employee of a state agency, board, commission, governing authority or other body in the executive branch of state or local government; or (ii) A public official or public employee, or any employee of such person, of state or local government who takes an executive action. (g) "Expenditure" means: (i) A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose; (ii) A payment to a lobbyist for salary, fee, commission, compensation for expenses, or other purpose by a person employing, retaining or contracting for the services of the lobbyist separately or jointly with other persons; (iii) A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist; (iv) A payment that directly benefits an executive, legislative or public official or a member of the official's immediate family; (v) A payment, including compensation, payment or reimbursement for the services, time or expenses of an employee for or in connection with direct communication with an executive, legislative or public official made at the direction of the employee's employer; (vi) A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive, legislative or public official; or (vii) A payment or reimbursement for food, beverages, travel, lodging, entertainment or sporting activities. (h) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official. (i) "Legislative action" means: (i) Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of a bill, resolution, amendment, motion, report, nomination, appointment or other matter by the Mississippi State Legislature or a member or employee of the Legislature acting or purporting to act in an official capacity; (ii) Action by the Governor in approving or vetoing a bill or other action of the Legislature; (iii) Action by the Legislature in: 1. Overriding or sustaining a veto by the Governor; or 2. Considering, confirming or rejecting an executive appointment of the Governor. (j) "Legislative official" means: (i) A member, member-elect or presiding officer of the Legislature; (ii) A member of a commission or other entity established by and responsible to either or both houses of the Legislature; (iii) A staff member, officer or employee to a member or member-elect of the Legislature, to a member of a commission or other entity established by and responsible to either or both houses of the Legislature, or to the Legislature or any house, committee or office thereof. (k) "Lobbying" means: (i) Influencing or attempting to influence legislative or executive action through oral or written communication; or (ii) Solicitation of others to influence legislative or executive action; or (iii) Paying or promising to pay anything of value directly or indirectly related to legislative or executive action. (l) "Lobbyist" means: (i) An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; (ii) An individual who represents a legislative or public official or public employee, or who represents a person, organization, association or other group, for the purpose of lobbying; (iii) A sole proprietor, owner, part owner or shareholder in a business who has a pecuniary interest in legislative or executive action, who engages in lobbying activities; or (iv) Any individual described in subparagraphs (i), (ii) or (iii) of this paragraph (l) who is employed by or has contracted with any agency, legislative or public official or public employee, or any other public entity for the purpose of providing any type of consulting or other similar service but also engages in any type of lobbying activities. Such individual shall not qualify for any exemption under Section 5-8-7. (m) "Lobbyist's client" means the person in whose behalf the lobbyist influences or attempts to influence legislative or executive action. (n) "Local" means all entities of government at the county, county-district, multicounty district, municipal or school district level. (o) "Material financial interest" means a personal and pecuniary interest, direct or indirect, accruing to a lobbyist or spouse, either individually or in combination with each other. ( * * *op) "Person" means an individual, proprietorship, firm, partnership, joint venture, joint-stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization or group of persons acting in concert. (q) "Pecuniary benefit" means a benefit in the form of money, property, ownership interest, membership interest, commercial interest or anything else the primary significance of which is economic gain. Expenses associated with social occasions shall not be deemed a pecuniary benefit. ( * * *pr) "Public employee" means an individual appointed to a position, including a position created by statute, whether compensated or not, in state or local government and includes any employee of the public employee. The term includes a member of the board of trustees, chancellor, vice chancellor or the equivalent thereof in the state university system or the state community and junior college system, and a president of a state college or university. ( * * *qs) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in the office. ( * * *rt) "Value" means the retail cost or fair market worth of an item or items, whichever is greater. SECTION 2. Section 5-8-5, Mississippi Code of 1972, is amended as follows: 5-8-5. (1) Except as otherwise provided in Section 5-8-7 of this chapter and in addition to reports required by Sections 5-8-9 and 5-8-11 of this chapter, every lobbyist and every lobbyist's client shall file a registration statement with the Secretary of State within five (5) calendar days after becoming a lobbyist, becoming a lobbyist's client or beginning to lobby for a new client. The filing of every registration statement shall be accompanied by the payment of a registration fee of Twenty-five Dollars ($25.00) to the Secretary of State. The lobbyist shall file the registration statement and pay the fees to the Secretary of State for each lobbyist's client whom the lobbyist represents. (2) The registration statement shall include the following: (a) The name, address, occupation and telephone number of the lobbyist; (b) The name, address, telephone number and principal place of business of the lobbyist's client; (c) The kind of business of the lobbyist's client; (d) The full name of the person or persons who control the lobbyist's client, the partners, if any, and officers of the lobbyist's client; (e) The full name, address and telephone number of each lobbyist employed by or representing the lobbyist's client; and (f) A statement or statements by the lobbyist and lobbyist's client indicating the specific nature of the issues being advocated for or against on behalf of the lobbyist's client, with sufficient detail so that the precise nature of the lobbyist's advocacy is evident from the statement itself. (3) Registration shall be valid for one (1) calendar year, commencing January 1 and ending December 31 of each year. If the lobbyist or lobbyist's client shall register after January 1, the registration shall be effective upon actual receipt by the Secretary of State and shall cease on December 31 of each year. (4) A lobbyist or lobbyist's client may terminate his registration by filing an expenditure report required under this chapter. Such report shall include information through the last day of lobbying activity. The termination report must indicate that the lobbyist intends to use the report as the final accounting of lobbying activity. (5) The Secretary of State shall prescribe and make available to every lobbyist and lobbyist's client appropriate forms for filing registration statements as required by Sections 5-8-1 through 5-8-19 of this chapter. (6) Any lobbyist who has a material financial interest in any corporation, company, limited liability company, partnership, joint venture or other business that may receive a pecuniary benefit from any legislative action by the Mississippi Legislature shall make a written disclosure to the Lieutenant Governor, Speaker of the House and the chairmen of the committees to which the legislation is assigned prior to floor action by the full Senate or House, as the case may be. SECTION 3. Section 5-8-19, Mississippi Code of 1972, is amended as follows: 5-8-19. The Secretary of State shall: (a) Provide forms for registration and for statements required by Sections 5-8-1 through 5-8-19 of this chapter to all persons required to file. (b) Issue a certificate of registration to a lobbyist registered under the provisions of Sections 5-8-1 through 5-8-19 of this chapter. (c) Make all statements and reports filed available for public inspection and copying, at a reasonable cost, during regular office hours. (d) Publish an annual report summarizing the financial activities of lobbyists and lobbyists' clients, and such annual report shall not include amounts reported pursuant to Sections 5-8-9(8) and 5-8-11(7) for single functions in the calculation of the cumulative total amount of money expended for lobbying purposes. (e) Provide forms for the registration of lobbyists who have a material financial interest in any corporation, company, limited liability company, partnership, joint venture or other business that may receive a pecuniary benefit from any legislative action by the Mississippi Legislature to make a written disclosure to the Lieutenant Governor, Speaker of the House and the chairmen of the committees to which the legislation is assigned prior to floor action by the full Senate or House, as the case may be. SECTION 4. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Accountability, Efficiency, Transparency |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Thompson |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2089 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTIONS 5-8-3, 5-8-5, AND 5-8-19, MISSISSIPPI CODE OF 1972, RELATING TO THE REGULATION OF LOBBYING, TO REQUIRE ANY LOBBYIST WHO HAS A MATERIAL FINANCIAL INTEREST IN A BUSINESS THAT MAY BENEFIT FROM LEGISLATIVE ACTION BY THE MISSISSIPPI LEGISLATURE TO MAKE A WRITTEN DISCLOSURE TO THE LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE AND THE CHAIRMEN OF THE COMMITTEES TO WHICH THE LEGISLATION IS ASSIGNED PRIOR TO FLOOR ACTION BY THE FULL SENATE OR HOUSE AS THE CASE MAY BE; TO PROVIDE DEFINITIONS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 5-8-3, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 5-8-3. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) (i) "Anything of value" means: |
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| 22 | 22 | | |
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| 23 | 23 | | 1. A pecuniary item, including money, or a bank bill or note; |
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| 24 | 24 | | |
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| 25 | 25 | | 2. A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money; |
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| 26 | 26 | | |
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| 27 | 27 | | 3. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money; |
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| 28 | 28 | | |
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| 29 | 29 | | 4. A stock, bond, note or other investment interest in an entity; |
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| 30 | 30 | | |
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| 31 | 31 | | 5. A receipt given for the payment of money or other property; |
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| 32 | 32 | | |
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| 33 | 33 | | 6. A right in action; |
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| 34 | 34 | | |
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| 35 | 35 | | 7. A gift, tangible good, chattel or an interest in a gift, tangible good or chattel; |
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| 36 | 36 | | |
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| 37 | 37 | | 8. A loan or forgiveness of indebtedness; |
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| 38 | 38 | | |
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| 39 | 39 | | 9. A work of art, antique or collectible; |
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| 40 | 40 | | |
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| 41 | 41 | | 10. An automobile or other means of personal transportation; |
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| 42 | 42 | | |
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| 43 | 43 | | 11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty; |
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| 44 | 44 | | |
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| 45 | 45 | | 12. An honorarium or compensation for services; |
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| 46 | 46 | | |
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| 47 | 47 | | 13. A rebate or discount in the price of anything of value, unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public; |
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| 48 | 48 | | |
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| 49 | 49 | | 14. A promise or offer of employment; |
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| 50 | 50 | | |
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| 51 | 51 | | 15. Any other thing of value that is pecuniary or compensatory in value to a person, except as otherwise provided in subparagraph (ii) of this paragraph; or |
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| 52 | 52 | | |
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| 53 | 53 | | 16. A payment that directly benefits an executive, legislative or public official or public employee or a member of that person's immediate family. |
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| 54 | 54 | | |
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| 55 | 55 | | (ii) "Anything of value" does not mean: |
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| 56 | 56 | | |
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| 57 | 57 | | 1. Informational material such as books, reports, pamphlets, calendars or periodicals informing an executive, legislative or public official or public employee of her or his official duties; |
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| 58 | 58 | | |
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| 59 | 59 | | 2. A certificate, plaque or other commemorative item which has little pecuniary value; |
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| 60 | 60 | | |
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| 61 | 61 | | 3. Food and beverages for immediate consumption provided by a lobbyist up to a value of Ten Dollars ($10.00) in the aggregate during any calendar year; |
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| 62 | 62 | | |
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| 63 | 63 | | 4. Campaign contributions reported in accordance with Section 23-15-801 et seq., Mississippi Code of 1972. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) "Commission" means the Mississippi Ethics Commission, when used in the context of Section 5-8-19. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) "Compensation" means: |
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| 68 | 68 | | |
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| 69 | 69 | | (i) An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs; or |
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| 70 | 70 | | |
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| 71 | 71 | | (ii) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs, for services rendered or to be rendered. |
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| 72 | 72 | | |
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| 73 | 73 | | (d) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a state or local governmental entity of a rule, regulation, order, decision, determination or other quasi-legislative action or proceeding. |
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| 74 | 74 | | |
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| 75 | 75 | | (e) "Executive agency" means: |
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| 76 | 76 | | |
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| 77 | 77 | | (i) An agency, board, commission, governing authority or other body in the executive branch of state or local government; or |
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| 78 | 78 | | |
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| 79 | 79 | | (ii) An independent body of state or local government that is not a part of the legislative or judicial branch, but which shall include county boards of supervisors. |
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| 80 | 80 | | |
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| 81 | 81 | | (f) "Executive official" means: |
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| 82 | 82 | | |
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| 83 | 83 | | (i) A member or employee of a state agency, board, commission, governing authority or other body in the executive branch of state or local government; or |
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| 84 | 84 | | |
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| 85 | 85 | | (ii) A public official or public employee, or any employee of such person, of state or local government who takes an executive action. |
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| 86 | 86 | | |
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| 87 | 87 | | (g) "Expenditure" means: |
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| 88 | 88 | | |
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| 89 | 89 | | (i) A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose; |
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| 90 | 90 | | |
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| 91 | 91 | | (ii) A payment to a lobbyist for salary, fee, commission, compensation for expenses, or other purpose by a person employing, retaining or contracting for the services of the lobbyist separately or jointly with other persons; |
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| 92 | 92 | | |
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| 93 | 93 | | (iii) A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist; |
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| 94 | 94 | | |
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| 95 | 95 | | (iv) A payment that directly benefits an executive, legislative or public official or a member of the official's immediate family; |
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| 96 | 96 | | |
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| 97 | 97 | | (v) A payment, including compensation, payment or reimbursement for the services, time or expenses of an employee for or in connection with direct communication with an executive, legislative or public official made at the direction of the employee's employer; |
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| 98 | 98 | | |
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| 99 | 99 | | (vi) A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive, legislative or public official; or |
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| 100 | 100 | | |
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| 101 | 101 | | (vii) A payment or reimbursement for food, beverages, travel, lodging, entertainment or sporting activities. |
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| 102 | 102 | | |
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| 103 | 103 | | (h) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official. |
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| 104 | 104 | | |
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| 105 | 105 | | (i) "Legislative action" means: |
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| 106 | 106 | | |
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| 107 | 107 | | (i) Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of a bill, resolution, amendment, motion, report, nomination, appointment or other matter by the Mississippi State Legislature or a member or employee of the Legislature acting or purporting to act in an official capacity; |
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| 108 | 108 | | |
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| 109 | 109 | | (ii) Action by the Governor in approving or vetoing a bill or other action of the Legislature; |
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| 110 | 110 | | |
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| 111 | 111 | | (iii) Action by the Legislature in: |
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| 112 | 112 | | |
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| 113 | 113 | | 1. Overriding or sustaining a veto by the Governor; or |
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| 114 | 114 | | |
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| 115 | 115 | | 2. Considering, confirming or rejecting an executive appointment of the Governor. |
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| 116 | 116 | | |
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| 117 | 117 | | (j) "Legislative official" means: |
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| 118 | 118 | | |
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| 119 | 119 | | (i) A member, member-elect or presiding officer of the Legislature; |
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| 120 | 120 | | |
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| 121 | 121 | | (ii) A member of a commission or other entity established by and responsible to either or both houses of the Legislature; |
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| 122 | 122 | | |
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| 123 | 123 | | (iii) A staff member, officer or employee to a member or member-elect of the Legislature, to a member of a commission or other entity established by and responsible to either or both houses of the Legislature, or to the Legislature or any house, committee or office thereof. |
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| 124 | 124 | | |
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| 125 | 125 | | (k) "Lobbying" means: |
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| 126 | 126 | | |
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| 127 | 127 | | (i) Influencing or attempting to influence legislative or executive action through oral or written communication; or |
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| 128 | 128 | | |
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| 129 | 129 | | (ii) Solicitation of others to influence legislative or executive action; or |
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| 130 | 130 | | |
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| 131 | 131 | | (iii) Paying or promising to pay anything of value directly or indirectly related to legislative or executive action. |
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| 132 | 132 | | |
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| 133 | 133 | | (l) "Lobbyist" means: |
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| 134 | 134 | | |
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| 135 | 135 | | (i) An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; |
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| 136 | 136 | | |
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| 137 | 137 | | (ii) An individual who represents a legislative or public official or public employee, or who represents a person, organization, association or other group, for the purpose of lobbying; |
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| 138 | 138 | | |
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| 139 | 139 | | (iii) A sole proprietor, owner, part owner or shareholder in a business who has a pecuniary interest in legislative or executive action, who engages in lobbying activities; or |
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| 140 | 140 | | |
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| 141 | 141 | | (iv) Any individual described in subparagraphs (i), (ii) or (iii) of this paragraph (l) who is employed by or has contracted with any agency, legislative or public official or public employee, or any other public entity for the purpose of providing any type of consulting or other similar service but also engages in any type of lobbying activities. Such individual shall not qualify for any exemption under Section 5-8-7. |
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| 142 | 142 | | |
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| 143 | 143 | | (m) "Lobbyist's client" means the person in whose behalf the lobbyist influences or attempts to influence legislative or executive action. |
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| 144 | 144 | | |
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| 145 | 145 | | (n) "Local" means all entities of government at the county, county-district, multicounty district, municipal or school district level. |
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| 146 | 146 | | |
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| 147 | 147 | | (o) "Material financial interest" means a personal and pecuniary interest, direct or indirect, accruing to a lobbyist or spouse, either individually or in combination with each other. |
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| 148 | 148 | | |
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| 149 | 149 | | ( * * *op) "Person" means an individual, proprietorship, firm, partnership, joint venture, joint-stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization or group of persons acting in concert. |
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| 150 | 150 | | |
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| 151 | 151 | | (q) "Pecuniary benefit" means a benefit in the form of money, property, ownership interest, membership interest, commercial interest or anything else the primary significance of which is economic gain. Expenses associated with social occasions shall not be deemed a pecuniary benefit. |
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| 152 | 152 | | |
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| 153 | 153 | | ( * * *pr) "Public employee" means an individual appointed to a position, including a position created by statute, whether compensated or not, in state or local government and includes any employee of the public employee. The term includes a member of the board of trustees, chancellor, vice chancellor or the equivalent thereof in the state university system or the state community and junior college system, and a president of a state college or university. |
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| 154 | 154 | | |
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| 155 | 155 | | ( * * *qs) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in the office. |
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| 156 | 156 | | |
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| 157 | 157 | | ( * * *rt) "Value" means the retail cost or fair market worth of an item or items, whichever is greater. |
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| 158 | 158 | | |
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| 159 | 159 | | SECTION 2. Section 5-8-5, Mississippi Code of 1972, is amended as follows: |
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| 160 | 160 | | |
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| 161 | 161 | | 5-8-5. (1) Except as otherwise provided in Section 5-8-7 of this chapter and in addition to reports required by Sections 5-8-9 and 5-8-11 of this chapter, every lobbyist and every lobbyist's client shall file a registration statement with the Secretary of State within five (5) calendar days after becoming a lobbyist, becoming a lobbyist's client or beginning to lobby for a new client. The filing of every registration statement shall be accompanied by the payment of a registration fee of Twenty-five Dollars ($25.00) to the Secretary of State. The lobbyist shall file the registration statement and pay the fees to the Secretary of State for each lobbyist's client whom the lobbyist represents. |
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| 162 | 162 | | |
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| 163 | 163 | | (2) The registration statement shall include the following: |
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| 164 | 164 | | |
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| 165 | 165 | | (a) The name, address, occupation and telephone number of the lobbyist; |
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| 166 | 166 | | |
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| 167 | 167 | | (b) The name, address, telephone number and principal place of business of the lobbyist's client; |
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| 168 | 168 | | |
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| 169 | 169 | | (c) The kind of business of the lobbyist's client; |
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| 170 | 170 | | |
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| 171 | 171 | | (d) The full name of the person or persons who control the lobbyist's client, the partners, if any, and officers of the lobbyist's client; |
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| 172 | 172 | | |
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| 173 | 173 | | (e) The full name, address and telephone number of each lobbyist employed by or representing the lobbyist's client; and |
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| 174 | 174 | | |
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| 175 | 175 | | (f) A statement or statements by the lobbyist and lobbyist's client indicating the specific nature of the issues being advocated for or against on behalf of the lobbyist's client, with sufficient detail so that the precise nature of the lobbyist's advocacy is evident from the statement itself. |
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| 176 | 176 | | |
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| 177 | 177 | | (3) Registration shall be valid for one (1) calendar year, commencing January 1 and ending December 31 of each year. If the lobbyist or lobbyist's client shall register after January 1, the registration shall be effective upon actual receipt by the Secretary of State and shall cease on December 31 of each year. |
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| 178 | 178 | | |
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| 179 | 179 | | (4) A lobbyist or lobbyist's client may terminate his registration by filing an expenditure report required under this chapter. Such report shall include information through the last day of lobbying activity. The termination report must indicate that the lobbyist intends to use the report as the final accounting of lobbying activity. |
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| 180 | 180 | | |
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| 181 | 181 | | (5) The Secretary of State shall prescribe and make available to every lobbyist and lobbyist's client appropriate forms for filing registration statements as required by Sections 5-8-1 through 5-8-19 of this chapter. |
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| 182 | 182 | | |
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| 183 | 183 | | (6) Any lobbyist who has a material financial interest in any corporation, company, limited liability company, partnership, joint venture or other business that may receive a pecuniary benefit from any legislative action by the Mississippi Legislature shall make a written disclosure to the Lieutenant Governor, Speaker of the House and the chairmen of the committees to which the legislation is assigned prior to floor action by the full Senate or House, as the case may be. |
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| 184 | 184 | | |
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| 185 | 185 | | SECTION 3. Section 5-8-19, Mississippi Code of 1972, is amended as follows: |
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| 186 | 186 | | |
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| 187 | 187 | | 5-8-19. The Secretary of State shall: |
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| 188 | 188 | | |
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| 189 | 189 | | (a) Provide forms for registration and for statements required by Sections 5-8-1 through 5-8-19 of this chapter to all persons required to file. |
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| 190 | 190 | | |
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| 191 | 191 | | (b) Issue a certificate of registration to a lobbyist registered under the provisions of Sections 5-8-1 through 5-8-19 of this chapter. |
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| 192 | 192 | | |
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| 193 | 193 | | (c) Make all statements and reports filed available for public inspection and copying, at a reasonable cost, during regular office hours. |
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| 194 | 194 | | |
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| 195 | 195 | | (d) Publish an annual report summarizing the financial activities of lobbyists and lobbyists' clients, and such annual report shall not include amounts reported pursuant to Sections 5-8-9(8) and 5-8-11(7) for single functions in the calculation of the cumulative total amount of money expended for lobbying purposes. |
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| 196 | 196 | | |
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| 197 | 197 | | (e) Provide forms for the registration of lobbyists who have a material financial interest in any corporation, company, limited liability company, partnership, joint venture or other business that may receive a pecuniary benefit from any legislative action by the Mississippi Legislature to make a written disclosure to the Lieutenant Governor, Speaker of the House and the chairmen of the committees to which the legislation is assigned prior to floor action by the full Senate or House, as the case may be. |
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| 198 | 198 | | |
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| 199 | 199 | | SECTION 4. This act shall take effect and be in force from and after July 1, 2025. |
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