Bill Text: MS HB288 | 2018 | Regular Session | Introduced


Bill Title: State and federally funded advertising; prohibit elected state officials from visibly or audibly participating in the making of.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [HB288 Detail]

Download: Mississippi-2018-HB288-Introduced.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative Baker

House Bill 288

AN ACT TO PROHIBIT ELECTED STATE OFFICIALS AND STATE DISTRICT OFFICIALS FROM VISUALLY OR AUDIBLY PARTICIPATING IN ADVERTISING THAT HAS BEEN FUNDED, IN WHOLE OR IN PART, WITH LEGISLATIVE APPROPRIATIONS, FUNDS RECEIVED FROM THE FEDERAL GOVERNMENT, OR FEES, FINES OR PENALTIES RECEIVED BY THE OFFICE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Except as otherwise provided under this section, a person elected to any state office or state district office may not visually or audibly participate in the making of any advertisement, regardless of the purpose or intended audience of the advertisement, if any funds appropriated by the Legislature, any funds received from the federal government, or any funds derived from fees, fines or penalties received by the office are used to defray the expenses, in whole or in part, of the advertisement. 

     (2)  Participation in the making of an advertisement prohibited under subsection (1) includes the following:

          (a)  The use of any still or motion visual images in which the elected state official or state district official may be seen; and

          (b)  The use of any advertising medium that allows the voice of the elected state official or state district official to be heard, regardless of whether or not a still or motion image of the state official or state district official may be seen.

     (3)  For purposes of this section, the term "advertisement" includes any form of communication publicly promoting a product or service or intending to persuade or inform an audience, including, but not necessarily limited to, television, radio, Internet, film, newspaper, periodical, direct mail or outdoor advertising.

     (4)  This section may not be construed to prohibit any elected state official or state district official from participating in the development, planning and implementation of any advertisement that has been funded, in whole or in part, by funds appropriated by the Legislature, any funds received from the federal government, or any funds derived from fees, fines or penalties received by the office if neither the image nor the voice of the state official or state district official is included in the advertisement as it is presented to the public.

     (5)  This section may not be construed to prohibit any elected state official or state district official from visually or audibly participating in any advertisement if the advertisement directly relates to the occurrence of an emergency or disaster as those terms are defined in Section 33-15-5.

     SECTION 2.  Section 1 of this act shall be codified as a new section in Chapter 1, Title 25, Mississippi Code of 1972.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.

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