Bill Text: MS SB2457 | 2019 | Regular Session | Introduced
Bill Title: Executive Branch Public Advocacy Transparency Act; require disclosure of funding of public relations communications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2457 Detail]
Download: Mississippi-2019-SB2457-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Hill
Senate Bill 2457
AN ACT TO PROVIDE THAT PUBLIC RELATIONS COMMUNICATIONS BY OR ON BEHALF OF A STATE EXECUTIVE AGENCY SHALL DISCLOSE SPONSORSHIP BY THE AGENCY AND SOURCES OF FUNDS; TO SPECIFY THE MEANS OF THE DISCLOSURE; TO PROVIDE THAT PUBLIC RELATIONS COMMUNICATIONS SHALL REFERENCE A SOURCE FOR ANY FACTUAL ASSERTION MADE IN SUPPORT OF THE POLICY; TO PROVIDE THAT PUBLIC RELATIONS COMMUNICATIONS ADVOCATING A POLICY REQUIRED AS A CONDITION FOR RECEIVING A GRANT SHALL DISCLOSE THE REQUIREMENT; AND FOR RELATED PURPOSES.
WHEREAS, the Framers established, and the states ratified, the United States Constitution for purposes of protecting our rights and ensuring that citizens direct the course of government; and
WHEREAS, in order to preserve liberty, the constitutional structure rests on a system of dual sovereign governments; and
WHEREAS, under that structure, the federal government is intended to have limited powers, with the broader, residual powers being reserved for the states or the people; and
WHEREAS, the Mississippi Constitution of 1890 vests authority to control state taxation and appropriations and to establish laws governing state programs and policies in the state Legislature; and
WHEREAS, federal funding to a state in the form of grants requires the state to surrender powers to the federal government and conform its policies and programs to those preferred by the federal government; and
WHEREAS, the Government Accountability Office reported that the federal government spends about $1.5 Billion per year on public relations activities and advertising in part to promote and advance such policies; and
WHEREAS, in connection with federal grants, the federal government may finance, and may encourage or require state executive agencies to finance or participate in such public relations; and
WHEREAS, state executive agencies may be charged with providing information to the public, they are not charged with using federal or state tax dollars to engage in campaigns to influence state lawmaking by swaying public opinion in favor of federal policies required as a condition for accepting federal grants; and
WHEREAS, the public should have full information about the advantages and disadvantages of such policies and the motivations of state executive agencies in proposing or supporting them; and
WHEREAS, the Legislature establishes the following requirements that executive branch agencies must follow in communications with the public and policy makers; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known as the "Executive Branch Public Advocacy Transparency Act."
(2) For purposes of this statute, "public relations communication" means a communication for advertising or educational purposes sent to a broad audience and includes mass mailings, emails, social media accounts and text messages; print messages on billboards and in newspapers, magazines, pamphlets or other instruments of general dissemination; and verbal messages disseminated through television, radio, Internet advertising and phone campaigns. It excludes emergency messages and messages that solely provide information as to the status of government services (e.g., road or school closings), and advertisements for employment opportunities.
(3) (a) Any public relations communication disseminated by a state executive agency or a contractor, vendor or instrumentality thereof, funded in whole or in part by federal or state funds, shall include a disclaimer that clearly states:
(i) In the case of a printed communication, a written statement that the communication is printed or published by a government agency or, in the case of a verbal message, that the communication is produced or disseminated by a government agency;
(ii) The name of the government agency sponsoring the communication; and
(iii) The sources of the funding for the communication, including, but not limited to, the federal and/or state agencies providing the funding.
(b) Any public relations communication disseminated by a state executive agency or a contractor, vendor or instrumentality thereof, funded by user fees or by dedicated fines or penalties or by sources other than or in addition to federal and state funds, shall include a disclaimer clearly stating that the communication is paid for through such funding along with the name of the sponsoring agency or entity.
(c) Any printed or otherwise visually represented disclaimer described in paragraph (a) or (b) shall:
(i) Be of sufficient size to be clearly readable; and
(ii) To the extent feasible, be contained in a printed box set apart from the other contents of the communication and be printed with a reasonable degree of color contrast between the background and the printed statement.
(d) Any disclaimer required for verbal communications described in paragraph (a) or (b) shall be made in a format that is audible and understandable to its intended audience.
(e) Any executive branch agency communication described in paragraph (a) or (b) shall reference a source, including, but not limited to, research studies or analyses, or provide a webpage address containing sources for any statement of fact contained in the communication and supporting the policy or program that is the subject of the communication.
(f) Any executive branch agency communication described in paragraph (a) or (b) that advocates a policy required as a condition for receiving a federal grant shall include a statement that the policy is required by the federal grant. This statement shall be subject to the requirements of paragraphs (c) and (d).
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
