House Bill 144

AN ACT TO REQUIRE CERTAIN BROADCASTING STATIONS THAT RECEIVE PUBLIC FUNDS TO AFFORD EQUAL OPPORTUNITY IN USE OF THEIR STATIONS TO ALL CANDIDATES FOR OFFICE; TO REQUIRE BROADCASTING STATIONS TO ALLOW EQUAL OPPORTUNITY AND TIME FOR REBUTTALS TO POSITIONS TAKEN BY ITS ON-AIR ANNOUNCERS OR COMMENTATORS DURING A CERTAIN PERIOD OF TIME BEFORE AN ELECTION; TO LIMIT THE RATE AMOUNT CHARGED BY BROADCASTING STATIONS TO CANDIDATES WHO USE THE STATIONS IN CONNECTION WITH A CAMPAIGN FOR PUBLIC OFFICE; TO PROVIDE THAT A CANDIDATE CAN ONLY RECEIVE CERTAIN RATES IF THAT CANDIDATE PROVIDES WRITTEN CERTIFICATION TO THE BROADCASTING STATION; TO REQUIRE BROADCASTING STATIONS TO MAINTAIN A COMPLETE AND VERIFIABLE RECORD OF REQUESTS TO PURCHASE BROADCAST TIME BY OR ON BEHALF OF CANDIDATES; TO AUTHORIZE THE SECRETARY OF STATE TO PRESCRIBE ANY RULES AND REGULATIONS AS IT MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO EXEMPT FROM THIS ACT ANY MEDIA EDITORIAL THAT STATES THE OFFICIAL POSITION OF THE LICENSEE; AND FOR RELATED PURPOSES.

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

SECTION 1. For purposes of this act, the following terms shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:

(a) "Authorized committee" means any political committee authorized by a candidate to receive contributions or make expenditures on behalf of the candidate.

(b) "Broadcasting station" means a radio or television station and includes a community antenna television system.

(c) "Candidate" means a person who has been duly qualified as a candidate for state or federal public office under applicable state or federal election laws and any authorized committee of such candidate.

(d) "Public funds" means any monies from the federal government, the state, county, municipality or political subdivision of the state.

SECTION 2. (1) (a) If a broadcasting station that receives public funds allows a candidate to use such station for any purpose in connection with his or her campaign for public office, the broadcasting station shall give all other candidates an equal opportunity to use such station for a similar purpose. The broadcasting station shall have no power of censorship over a candidate's material which is broadcast under the provisions of this section.

No obligation is imposed under this subsection upon any broadcasting station to allow the use of its station by a candidate.

(b) The meaning of the words "use of a broadcasting station" shall not include an appearance by a qualified candidate on a: (i) bona fide newscast, (ii) bona fide news interview, (iii) bona fide news documentary, if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary; or (iv) on-the-spot coverage of bona fide news events including, political conventions and activities incidental to such events.

(c) Nothing in this subsection relieves a broadcasting station from the obligation to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance, in connection with the presentation of newscasts, news interviews, news documentaries and on-the-spot coverage of news events.

(2) If an on-air announcer or commentator of a broadcasting station expresses his or her position favoring or opposing an issue or a candidate within forty-five (45) days before the date of a primary or primary runoff election and during sixty (60) days before the date of a general or special election in which a person is a candidate for public or federal office, then the broadcasting station shall afford equal opportunity and time for rebuttal of the on-air announcer's or commentator's position in a similar manner.

(3) (a) Any rates charged by a broadcasting station to a candidate shall be comparable to those rates charged by the station to other users.

(b) Any rates charged by a broadcasting station to a candidate for use of such station in connection with his or her campaign for public office within forty-five (45) days before the date of a primary or primary runoff election and sixty (60) days before the date of a general or special election in which that person is a candidate shall not exceed the lowest unit charge of the station for the same class and amount of time for the same period.

(c) A candidate shall be entitled to receive the lowest unit charge of the station for the same class and amount of time for the same period as provided in this section, if the candidate provides written certification to the broadcast station that the candidate shall not make any direct reference to another candidate for the same office, unless such direct reference meets the requirements of this section.

Certifications under this section shall be provided and certified as accurate by the candidate or any authorized committee of the candidate at the time of purchase.

(d) All television broadcasts of a candidate shall include (i) a clearly identifiable photographic or similar image of the candidate, and (ii) a clearly readable printed statement which identifies the candidate, states that the candidate has approved the broadcast and states whether the candidate or an authorized committee of the candidate paid for the broadcast, at the end of the broadcast, simultaneously for a period no less than four (4) seconds.

(e) All radio broadcasts of a candidate shall include a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.

(f) If a candidate or any authorized committee of that candidate makes a direct reference to another candidate that does not meet the requirements for television and radio broadcasts, then that candidate shall not be entitled to receive the rate provided by this section during any portion of the forty-five-day and sixty-day periods described in paragraph (b) of this section, that occur on or after the date of that broadcast, for election to public office.

(4) The Secretary of State is authorized to prescribe any rules and regulations as he may deem necessary to carry out the provisions of this section.

(5) (a) A broadcasting station shall maintain, and make available for public inspection, a complete and verifiable record of any request to purchase broadcast time, which is:

(i) Made by or on behalf of a legally qualified candidate for public office; or

(ii) Communicates a message relating to any political matter of national importance, including:

1. A legally qualified candidate;

2. Any election to federal office; or

3. A state or national legislative issue of public importance.

(b) A record required by paragraph (a) of this subsection (5) shall contain the following information:

(i) Whether the request to purchase broadcast time is accepted or rejected by the broadcasting station;

(ii) The rate charged for the broadcast time;

(iii) The date and time on which the communication is aired;

(iv) The class of time that is purchased;

(v) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers, as applicable;

(vi) The name of the candidate, the authorized committee of the candidate, and the treasurer of that committee, if the request is made by, or on behalf of a candidate; and

(vii) The name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person, for any other requests.

(c) The information required under this subsection (5) shall be retained by the broadcasting station for a period of not less than two (2) years and shall be open for public inspection.

(6) The requirements of this section shall not apply to any media editorial if it is stated in the on-air announcement of the radio broadcast or provided in the written disclaimer of a television broadcast that the stated position is the official position of the station.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.