MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representatives Arnold, Gipson, Hale, Hughes, McLeod, Powell

House Bill 1070

AN ACT TO REQUIRE ALL ELECTED OFFICIALS AND AGENCY HEADS TO FILE AN ANNUAL REPORT ON CERTAIN GIFTS WITH THE SECRETARY OF STATE; TO EXCLUDE GIFTS FROM CERTAIN RELATIVES; TO REQUIRE THE SECRETARY OF STATE TO PREPARE AND MAKE AVAILABLE TO ELECTED OFFICIALS AND AGENCY HEADS A FORM FOR THE GIFT REPORT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

          (a)  "Elected official" means a person elected by popular vote to any legislative, executive or judicial office, whether the office is statewide, district, county, municipal or for any other political subdivision.  The term "elected official" includes any person who is appointed to fill a vacancy in an elected office.

          (b)  "Agency head" means any person who serves as the executive director, commissioner or other top official of an executive agency within this state.

          (c)  "Gift" means a tangible good, including money, or a service having a retail value equal to or exceeding Two Hundred Dollars ($200.00), or any intangible goods, including tips, vacation or other travel, which is given to an elected official for which consideration of equal or greater value is not received from the official or agency head, 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 elected official or agency head.  The term "gift" shall also include any credit or debit card given to the elected official or agency head for that elected official to use at his or her leisure.  The term "gift" shall also include an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs, or a contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, pledge or transfer of money or anything of value, including reimbursement of travel, food or lodging costs, for services rendered or to be rendered.  The term "gift" does not include a campaign contribution reported under Chapter 15, Title 23, Mississippi Code of 1972.

          (d)  "Relative" means the spouse of the elected official or agency head, a child of the elected official or agency head or the spouse of a child, a parent of the elected official or agency head or the spouse of a parent, and a sibling of the elected official or agency head or the spouse of a sibling.

     (2)  Each elected official or agency head in the State of Mississippi shall file an annual report with the Secretary of State on gifts received by the elected official or agency head during the preceding twelve-month period.  Except as is otherwise provided in this subsection, for each gift received by the elected official or agency head, the report must include:

          (a)  The name of the donor of the gift;

          (b)  A description and the estimated monetary value of the gift, with sufficient detail so that the nature of the gift is clear; and

          (c)  The place and date the gift was given.

     Exempted from the reporting requirements of this section is any gift made to an elected official or agency head by a relative of the elected official or agency head.

     (3)  The Secretary of State shall prepare a form for the reporting of gifts and shall make copies of the form available to all persons required to file a report under this section.  In addition, the Secretary of State shall establish the date by which reports must be received in the Office of the Secretary of State and shall specify the months which must be covered by the report.

     (4)  Reports filed pursuant to this section must be made available for public inspection during regular office hours at the Office of the Secretary of State.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.