Current through the 2024 Regular Session
Section 77-1-11 - [Repealed Effective 12/31/2027] Acceptance by or offering to commission members, candidates or employees of gifts, passes, campaign contributions or other benefits(1) It shall be unlawful for any public service commissioner, any candidate for public service commissioner, or any employee of the Public Service Commission or Public Utilities Staff to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from a covered person . Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned in the State Penitentiary for not less than one (1) year, or both.(2) It shall be unlawful for a covered person to offer any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever to any public service commissioner, any candidate for public service commissioner or any employee of the Public Service Commission or Public Utilities Staff. Any party found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not less than one (1) year, or both.(3) For purposes of this section, the term "emolument" shall include salary, donations, contributions, loans, stock tips, vacations, trips, honorarium, directorships or consulting posts. Expenses associated with social occasions afforded public servants shall not be deemed a gift, emolument or other pecuniary benefit as defined in Section 25-4-103(k), Mississippi Code of 1972.(4) For purposes of this section, the term "Covered Person" shall include (i) any person interested as owner, agent or legal representative of any telephone, gas, water, wastewater or electric public utility as defined in Section 77-3-3(d); (ii) any person acting at the request or direction of an owner, agent or legal representative of any telephone, gas, water, wastewater or electric public utility as defined in Section 77-3-3(d); (iii) any person, entity or any owner, agent or legal representative of such person or entity that submits any filing in a Public Service Commission proceeding in the forty-eight (48) months preceding the date of the gift, pass, money, campaign contribution or any emolument or other pecuniary benefit; or (iv) any person acting at the request or direction of any person, entity or any owner, agent or legal representative of such person or entity that submits any filing in a Public Service Commission proceeding in the forty-eight (48) months preceding the date of the gift, pass, money, campaign contribution or any emolument or other pecuniary benefit. Notwithstanding anything to the contrary, a person shall not be considered a "Covered Person" under this section based solely on such person submitting a customer complaint or other inquiry, formal or informal, to the Public Service Commission or Public Utilities Staff concerning service, billing or any other aspect of the service provided by a public utility to such person.(5) For purposes of this section, a person who is a member of a water, gas, electric or other cooperative association regulated by the Public Service Commission shall not, by virtue of such membership, be deemed an owner, agent or representative of such association unless such person is acting in any respect for or as an owner, agent or representative of such association; nor shall a person who owns less than one-half of one percent (1/2 of 1%) in stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of any public utility that is regulated by the Public Service Commission, or of any holding company of such public utility, by virtue of such ownership, be deemed an owner, agent or representative of such public utility unless such person is acting in any respect for or as an owner, agent or representative of such public utility. (6) This section shall stand repealed on December 31, 2027.Codes, 1892, § 4274; 1906, § 4827; Hemingway's 1917, § 7612; 1930, § 7026; 1942, §§ 7688, 7807; Laws, 1938, ch. 139; Laws, 1948, ch. 417, § 1; Laws, 1952, ch. 330, § 1; Laws, 1956, ch. 371, § 1; Laws, 1960, ch. 394, § 1; Laws, 1964, ch. 542, § 6; Laws, 1966, ch. 445, § 23; reenacted without change, Laws, 1982, ch. 389, § 6; reenacted and amended, Laws, 1990, ch. 530, § 5; Laws, 1991, ch. 586, § 1; reenacted and amended, Laws, 1993, ch. 616, § 5; reenacted without change, Laws, 1996, ch. 526, § 5; reenacted without change, Laws, 1998, ch. 303, § 5; reenacted without change, Laws, 2002, ch. 452, § 5; reenacted without change, Laws, 2006, ch. 386, § 5; reenacted without change, Laws, 2008, ch. 406, § 5; reenacted without change, Laws, 2011, ch. 456, § 5; reenacted without change, Laws, 2012, ch. 542, § 5, eff. 7/1/2012.Amended by Laws, 2024, ch. 340, HB 1664,§ 1, eff. 7/1/2024.Reenacted and amended by Laws, 2020, ch. 387, SB 2386,§ 5, eff. 7/1/2020.Reenacted without change by Laws, 2018, ch. 402, SB 2295,§ 5, eff. 7/1/2018.Reenacted by Laws, 2016, ch. 437, HB 499, 5, eff. 7/1/2016.Reenacted by Laws, 2013, ch. 332, SB 2567, 5, eff. 7/1/2013.