Bill Text: MS HB966 | 2010 | Regular Session | Introduced
Bill Title: Public servants; extend time limit on prohibited actions and activities as a lobbyist.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB966 Detail]
Download: Mississippi-2010-HB966-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Palazzo
House Bill 966
AN ACT TO AMEND SECTION 5-8-13, MISSISSIPPI CODE OF 1972, TO REVISE THE PROHIBITED ACTS OF LOBBYISTS; TO AMEND SECTION 25-4-105, MISSISSIPPI CODE OF 1972, TO MODIFY THE TIME LIMIT THAT PUBLIC SERVANTS ARE PROHIBITED FROM CERTAIN ACTIONS, AND ACTIVITIES FROM ONE YEAR TO TWO YEARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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, except that he may act as a lobbyist when acting in his official capacity.
(5) A lobbyist must disclose anything of value given in whole or in part to any executive, legislative or public official or public employee.
(6) Any person subject to the restrictions contained in the Lobbying Law Reform Act of 1994 who, within two (2) years after the termination of his or her service or employment with the State of Mississippi, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, department of the State of Mississippi, on behalf of any other person, in connection with a particular matter:
(a) In which the State of Mississippi is a party or has a direct and substantial interest;
(b) Which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of one (1) year before termination of his or her service or employment with Mississippi; and
(c) Which involved a specific party or specific parties at the time it was so pending.
SECTION 2. Section 25-4-105, Mississippi Code of 1972, is amended as follows:
25-4-105. (1) No public servant shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated.
(2) No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within two (2) years after the expiration of such term, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member.
(3) No public servant shall:
(a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business which is a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent.
(b) Be a purchaser, direct or indirect, at any sale made by him in his official capacity or by the governmental entity of which he is an officer or employee, except in respect of the sale of goods or services when provided as public utilities or offered to the general public on a uniform price schedule.
(c) Be a purchaser, direct or indirect, of any claim, certificate, warrant or other security issued by or to be paid out of the treasury of the governmental entity of which he is an officer or employee.
(d) Perform any service for any compensation during his term of office or employment by which he attempts to influence a decision of the authority of the governmental entity of which he is a member.
(e) Perform any service for any compensation for any person or business after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment.
(4) Notwithstanding the provisions of subsection (3) of this section, a public servant or his relative:
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(a) May be a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent: (i) where such goods or services involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws; or (ii) where the contractual relationship involves the further research, development, testing, promotion or merchandising of an intellectual property created by the public servant.
(b) May purchase securities issued by the governmental entity of which he is an officer or employee if such securities are offered to the general public and are purchased at the same price as such securities are offered to the general public.
(c) May have an interest less than a material financial interest in a business which is a contractor, subcontractor or vendor with any governmental entity.
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(d) If a constable, may be employed and receive compensation as a deputy sheriff or other employee of the county for which he serves as constable.
(5) No person may intentionally use or disclose information gained in the course of or by reason of his official position or employment as a public servant in any way that could result in pecuniary benefit for himself, any relative, or any other person, if the information has not been communicated to the public or is not public information.
(6) Any contract made in violation of this section may be declared void by the governing body of the contracting or selling authority of the governmental subdivision or a court of competent jurisdiction and the contractor or subcontractor shall retain or receive only the reasonable value, with no increment for profit or commission, of the property or the services furnished prior to the date of receiving notice that the contract has been voided.
(7) Any person violating the provisions of this section shall be punished as provided for in Sections 25-4-109 and 25-4-111.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
