LOBBYING IN MISSISSIPPI
Ensuring Compliance and
Improving Disclosure
2011
The Mississippi Secretary of State
401 Mississippi Street Jackson, Mississippi 39205
(800) 829-6786 Elections Hotline (601) 359-1499 (FAX)
STATE OF MISSISSIPPI
SECRETARY OF STATE
POST OFFICE BOX 136
JACKSON, MISSISSIPPI 39205-1036
TELEPHONE (601) 359-1350
401 MISSISSIPPI STREET
JACKSON, MISSISSIPPI 39201
FACSIMILE (601) 359-1499
Dear Fellow Mississippian,
My staff and I are pleased to publish this edition of Lobbying in Mississippi, the
guide for lobbyists, lobbyists’ clients, and any person interested in the lobbying
requirements of Mississippi. As Secretary of State, I am committed to providing
public access to information. I believe we encourage citizen participation and ensure
public trust in government by providing the information people need to participate in
the process.
This handbook contains all the information lobbyists and lobbyists’ clients need
to comply with Mississippi lobbying requirements. Also, as part of our commitment
to increasing access to information, I am happy to make all lobbying forms and this
guide available through our website at www.sos.ms.gov.
I encourage you to take advantage of the resources offered by our agency, and I
hope you find this guide useful and user-friendly. If my office can assist you with
additional information or clarification with regard to Mississippi lobbying laws, do
not hesitate to call Kenneth Jones at (601) 359-6353 or (800) 829-6786.
Sincerely,
DELBERT HOSEMANN
Secretary of State
Table of Contents
Preface: About this Guide ............................................................................................................................... 3
Chapter 1: Lobbying at a Glance .................................................................................................................4
The Secretary of State’s Office ...................................................................................................................4
Lobbyists ....................................................................................................................................................4
Lobbyist’s Client ........................................................................................................................................5
The Lobbying Cycle: The Reports..............................................................................................................5
Enforcement ...............................................................................................................................................5
Chapter 2: Lobbying Registration ...............................................................................................................6
Who Must Register .....................................................................................................................................6
Exemptions .................................................................................................................................................7
Overview ....................................................................................................................................................8
Lobbyist’s Registration Grace Period ..........................................................................................................8
Chapter 3: Reporting Lobbying Activity .....................................................................................................9
2011 Lobbyist Reporting Deadlines ...........................................................................................................9
Chapter 4: The Legislative Session Report ...............................................................................................10
Who Must File .........................................................................................................................................10
Points to Remember ..................................................................................................................................11
Form E: The Legislative Session Report ..................................................................................................11
Chapter 5: The Annual Reports of Expenditures .....................................................................................12
Who Must File .........................................................................................................................................12
Chapter 6: Supplemental Lobbyist Reporting Forms ..............................................................................13
Chapter 7: Delinquencies, Fines, and Penalties ........................................................................................14
Civil and Criminal Penalties .....................................................................................................................14
Appendix A: Lobbying Law—General Interpretions ..............................................................................16
Appendix B: Terms and Definitions...........................................................................................................18
Appendix C: Frequently Asked Questions ................................................................................................20
Appendix D: Mississippi Lobbying Statutes..............................................................................................22
2011 Lobbyist Reporting Deadlines ..........................................................................................................13
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Lobbying in Mississippi - 2011
About this Guide
Lobbying in Mississippi is published by the Secretary of State’s Office as a
handbook for registered lobbyists and lobbyists’ clients. This booklet contains
information necessary for compliance with the Lobbying Law Reform Act of 1994,
Miss. Code Ann. § 5-8-1 et seq. (1972). This guide and all lobbying forms and
reports are available free of charge at the Secretary of State’s Office website at
http://www.sos.ms.gov/elections_candidates_lobbyists_center3.aspx
For Assistance
Mail Room
Mail
Mississippi Secretary of State’s Office
Attn: Lobbyist Registration and Reporting
Post Office Box 136
Jackson, MS 39205-0136
Location
Mississippi Secretary of State’s Office
The Heber Ladner Building
401 Mississippi Street
Jackson, MS 39201
Fax
Phone
(601) 359-6353
(601) 576-2550
(800) 829-6786
Fax
(601) 359-1499
(601) 576-2819
E-mail
Lobbying@sos.ms.gov
Customer Service Standards
The Mississippi Secretary of State’s Office is committed to providing superior
customer service efficiently, promptly, and courteously. As a part of that commitment,
suggestions, comments, and requests for information are welcome. The Secretary of
State’s Office does not discriminate on the basis of race, religion, national origin, sex,
age, or disability in employment or the provision of services.
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Lobbying in Mississippi - 2011
Chapter 1
Lobbying at a Glance
LOBBYING SNAPSHOT
The Secretary of State’s Office monitors
lobbying registration and reporting.
A lobbyist must represent a client.
The lobbying cycle extends from January 1
through December 31 of each year.
The Secretary of State’s Office
The State of Mississippi monitors lobbyist registration and reporting through the Elections
Division of the Secretary of State’s Office. The Secretary of State’s Office provides all necessary
forms, issues certificates of registration, and publishes reports for public inspection. Enforcement of
the lobbying law is carried out through the Secretary of State’s Office, along with the district
attorneys, the Attorney General, and the Mississippi Ethics Commission. All forms and registration
materials can be obtained from the Secretary of State’s Office in the Heber Ladner Building at
401Mississippi Street, Jackson, MS and at the New Capitol Building, Room 105. Forms may also be
obtained from the Secretary of State’s website at www.sos.ms.gov, Elections, Lobbying, Lobbying
Forms Library.
Lobbyist
The State of Mississippi defines a lobbyist as any individual who:
is employed and receives payments, or who contracts for economic consideration,
including reimbursement for reasonable travel and living expenses, for the purpose of
lobbying;
represents a legislative or public official or public employee, or who represents a
person, organization, association or other group, for the purpose of lobbying; and/or
is a sole proprietor, owner, part owner, or shareholder in a business, who has a
pecuniary interest in legislative or executive action, who engages in lobbying
activities.
The State of Mississippi defines lobbying as:
influencing or attempting to influence legislative or executive action through oral or
written communication;
solicitation of others to influence legislative or executive action;
paying or promising to pay anything of value directly or indirectly related to
legislative or executive action.
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Lobbying in Mississippi - 2011
Lobbyist’s Client
A lobbyist’s client is any entity or person in whose behalf the lobbyist influences or attempts
to influence legislative or executive action.
The Lobbying Cycle: The Reports
Current lobbying reporting processes and statutes in the State of Mississippi are the result of
the Lobbying Law Reform Act of 1994. Passed by the Mississippi Legislature, the law provided
statutes and regulations for all registered lobbyists and their clients. All persons or entities who
engage in lobbying activity in the State of Mississippi must register with the Secretary of State’s
Office. The Mississippi lobbying cycle begins on January 1 and ends December 31 of each
calendar year, and registration is required each year.
All lobbying reports for the cycle are filed with the Secretary of State’s Office. Mississippi
statute requires all registered lobbyists file three (3) reports during the lobbying cycle. They are:
The Legislative Mid-Session report– February 25th
The Legislative End-of-Session report– 10 days after sine die
The Annual Report of Expenditures– January 30th
The Annual Report of Expenditures
o Registered lobbyists’ clients file one (1) report with the Secretary of State’s
Office during the lobbying cycle:
Enforcement
In accordance with Miss. Code Ann. § 5-8-17 (1972), the Secretary of State must levy civil
penalties and monetary fines upon those lobbyists and lobbyists’ clients who fail to file required
reports by the statutory deadline. The law allows a grace period of nine (9) calendar days following
the statutory filing deadlines. Beginning with the tenth calendar day after the filing deadline, the
Secretary of State begins assessing a fine of $50 per day for up to 10 calendar days for failure to file
a required lobbyist or lobbyist’s client report. Only because of ―unforeseeable mitigating
circumstances‖ is the Secretary of State allowed to waive all or part of the mandatory penalty.
Although the Secretary of State’s Office attempts to notify delinquent lobbyists and
lobbyists’ clients of their delinquent status prior to assessing the fine, failure to receive notice by mail
prior to the tenth calendar day after the deadline will not result in removal or reduction of the fine.
An intentional violation of the lobbying law is a criminal offense with a maximum penalty of
$1,000 and six (6) months imprisonment for the first offense, and $5,000 and three (3) years
imprisonment for subsequent offenses. Please see Miss. Code Ann. §§ 5-8-17 and 5-8-21 (1972), as
reported in Appendix D: Mississippi Lobbying Statutes, beginning on page 22 of this booklet for
further information regarding fines and penalties for failure to report lobbyist and lobbyist’s client
activities.
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Lobbying in Mississippi - 2011
Chapter 2
Lobbying Registration
LOBBYING SNAPSHOT
Electronic Filing
Each registration fee is $25 plus
electronic convenience fee
Who Must Register
All persons or entities engaging in lobbying activity in the State of Mississippi must register
with the Secretary of State’s Office. The Mississippi lobbying cycle begins on January 1 and ends
December 31 of each calendar year. Registration is required each year.
Lobbyists and lobbyists’ clients who lobby on an ongoing basis should register with the
Secretary of State’s Office by January 1 of each year. Persons who have not lobbied the previous
year, or who begin lobbying later in the year, must register within five calendar days of being
employed as a lobbyist, or, in the case of the lobbyist’s client, within five (5) calendar days of
employing a lobbyist. Holidays and weekends are counted in the five (5) days. For example, a
lobbyist who becomes employed on February 5, 2009 must register with the Secretary of State’s
Office no later than February 10, 2009. Registration forms and materials are available at the Heber
Ladner Building, the Secretary of State’s Capitol Office, or the Secretary of State’s web site at
www.sos.ms.gov.
Each registration is only valid for one (1) calendar year, beginning January 1 and ending
December 31. In addition, all lobbyists who will be lobbying in 2009 are encouraged to re-register as
soon as possible, in order to keep their registration current.
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Lobbying in Mississippi - 2011
Exemptions
Exemption from filing lobbying registrations is granted, but not limited to, the following:
Elected officials acting in an official capacity.
Individuals who:
Represent or purport to represent only him/herself;
Receive no compensation or anything of value for lobbying;
Have no pecuniary interest in the action for which he or she is lobbying;
and/or
Do not pay, or give, or promise to pay or give anything of value more than
$200 aggregately per year to public officials.
The full explanation of lobbying exemptions can be found in Miss. Code Ann. § 5-8-7 (1972)
as reprinted in Appendix D: Mississippi Lobbying Statutes on page 22 of this booklet. Lobbyists and
clients are encouraged to become familiar with all regulations and statutes.
After reading the exemptions, if you still have doubt as to whether or not you qualify as a
lobbyist, please consult Appendix C: Frequently Asked Questions in this booklet, or call the
Secretary of State’s Elections Division at (601) 359-1350 or (800) 829-6786 to discuss your status.
A $25 annual registration fee must accompany each registration form. Checks should be
made out to the Secretary of State’s Office. You may either hand deliver or mail your registration
form(s) and fee(s) so they are received by the Secretary of State’s Office within five (5) calendar
days of any lobbying activity. The Secretary of State’s Office makes every effort to process the
registration form within one (1) week of receipt.
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Lobbying in Mississippi - 2011
LOBBYING SNAPSHOT
Lobbyists must file two (2) Legislative
Expenditure Reports (Form E).
Both the lobbyist and client must file Annual
Reports (Form A and Form C respectively).
Civil Penalties will be assessed if lobbying reports
are filed after the statutory nine (9) day grace
period following the deadline date.
Overview
Reporting lobbyist activity is a mandatory part of the lobbying process. The Lobbying Law
Reform Act of 1994 requires that lobbyists file two (2) Legislative Expenditure Reports and one
(1) Annual Report each year. Lobbyists’clients are required to file an Annual Report each year.
These requirements are found in Miss. Code Ann. § 5-8-11(5)(6) (1972). Further
descriptions of these reporting requirements are in Miss. Code Ann. § 5-8-11(7)(8) (1972). Please
refer to Appendix D: Mississippi Lobbying Statutes, for a complete copy of the law. Failure to file
by the statutory deadline results in fines being assessed by the Secretary of State’s Office.
Each report requires the filer’s Certificate Number. This number can be found on the
lobbyist certificate card issued by the Secretary of State’s Office upon registration. This number
must be included on each report filed by the lobbyist and the lobbyist’s client. Persons who have
misplaced their certificate numbers should call the Secretary of State’s Office Elections Division at
(601) 576-2550 or (800) 829-6786.
The law provides a grace period following all filing deadlines. Beginning with the tenth
calendar day after which any report is due, the Secretary of State must begin assessing fines totaling
$50 per day for up to 10 days for failure to file a required lobbyist or lobbyist’s client report. The
only provision for leniency is when ―unforeseeable mitigating circumstances‖ have prevented the
lobbyist or lobbyist’s client from filing timely. The example of ―unforeseeable mitigating
circumstances‖ stated in the law is ―such as the health of the lobbyist.‖ Please refer to Miss. Code
Ann. § 5-8-17 (1972) on page 57 of this booklet for the statute regarding penalties for late filing.
See also the term ―unforeseeable mitigating circumstances‖ in the ―Frequently Used Terms‖ section
of this booklet.
IMPORTANT: Failure to file these reports within the specified time may result in civil
fines being assessed by the Secretary of State.
2011 Lobbyist Reporting Deadlines
Friday, January 28, 2011................................................................................... 2010Annual Reports Due
Lobbyist’s Annual Report (FORM A)
Lobbyist’s Client Annual Report (FORM C)
(Fines begin Monday, February 7, 2011)
Friday, February 25, 2011 ....................................................................... 2011Mid-Session Reports Due
Legislative Session Report
(Fines begin Monday, March 7, 2011)
Tuesday, April 12, 2011........................................................................ 2011 End-of-Session Reports Due
(sine die April 2, 2011)
Legislative Session Report
(Fines begin Friday, April 22, 2011)
Friday, January 30, 2012................................................................................... 2011Annual Reports Due
Lobbyist’s Annual Report
Lobbyist’s Client Annual Report
(Fines begin Monday, February 9, 2012)
Statutory Deadlines - The date on which a report must be filed, according to law. There are three main statutory
deadlines: January 30 (Annual Report), February 25 (Mid-Session Report), and ten (10) days after sine die (End-ofSession Report). Failure to file Annual Reports and Legislative Session Reports by their respective statutory
deadlines results in lobbyists and lobbyists’ clients being assessed fines. All registered lobbyists and clients must
file an Annual ―A‖ (lobbyist) or ―C‖ (client) report.
The first report, the Mid-Session Legislative Expenditure Report, is due at the mid-point of the legislative
session. The Mid-Session Legislative Expenditure Report filing deadline is set by statute on February 25 of each
calendar year. All registered lobbyists (not clients) must file a Mid-Session report.
The second report, or End-of-Session Legislative Expenditure Report, is due ten (10) days after sine die (sine die
is the last day the legislature is in session – legislative adjournment – and is subject to change if the legislative
session is extended). End-of-Session filing deadline is dependent on the calendar date of sine die.
Call (601) 359-6353 or (800) 829-6786 if you need help, or go to:
http://www.sos.ms.gov/elections_candidates_lobbyists_center3.aspx
Mailing address:
Mississippi Secretary of State
Lobbying Division
P.O. Box 136
Jackson, Mississippi 39205-0136
Physical address:
Mississippi Secretary of State
Lobbying Division
401 Mississippi Street
Jackson, Mississippi 39201
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Lobbying in Mississippi - 2011
Chapter 4
The Legislative Session Report
LOBBYING SNAPSHOT
Only lobbyists file Legislative Session Reports.
The Mid-Session Report is due February 25.
The End-of-Session Report is due ten (10) days after
sine die.
All lobbyists who are registered during the legislative
session must file the Legislative Session Reports.
Who Must File
The first two (2) reports of the lobbying cycle are the Legislative Session Reports (Form E).
All lobbyists must file these two Legislative Session Reports. Both of these reports are filed for
every client a lobbyist represents. Lobbyists must file these reports even if there are no reportable
expenditures.
Both Legislative Session reports are abbreviated reports of lobbyist expenditures during the
legislative session. These reports do not require disclosure of any overhead costs; instead, they
require reportable disclosure of any ―things of value‖ given or promised to public officials.
Disclosure of reportable things of value given to public officials by lobbyists after the legislative
session ends or during special sessions of the Legislature is reported in the Lobbyist’s Annual
Report (Form A).
The first report, the Mid-Session Legislative Expenditure Report, is due at the mid-point
of the legislative session. The filing deadline is set by statute on February 25 of each calendar year,
with fines beginning in the year 2011 on Monday, March 7, 2010. All lobbyists who registered
before the Mid-Session due date must file a Mid-Session report.
The second report, or End-of-Session Legislative Expenditure Report, is due 10 days after
sine die (legislative adjournment). The filing deadline is dependent on the calendar date of sine die.
In 2011, sine die is currently scheduled for April 2, 2011. The report is therefore tentatively due
April 12, 2010, with fines beginning Friday, April 22, 2011; however, the April 2, 2010, date is
subject to change due to a change of sine die. You will be notified if this date changes. All lobbyists
who registered on or after the Mid-Session due date and before the End-of-Session due date must
file a End-of-Session report.
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Lobbying in Mississippi - 2011
Points to Remember
Forms are designed for electronic data entry. Information should be typed or printed in black
ink.
Only lobbyists file Legislative Session Reports (Form E).
All lobbyists must file Form E, even if no reportable expenditures are disclosed.
The lobbyist must fill out a separate report for each client he or she represents.
Failure to file Form E by the statutory deadline may result in the imposition of a fine by the
Secretary of State as defined in Miss. Code Ann. § 5-8-17 (1972).
Any ―thing of value” given toward food and beverages served at a reception as defined in Miss.
Code Ann. §§ 5-8-9(8) and 5-8-11(7) (1972) is not required to be reported on Form E. These
expenditures should be reported on the lobbyist and lobbyist’s client Annual Reports (Form A
and Form C, respectively).
All lobbyists are encouraged to familiarize themselves with the code sections cited above to
determine whether such expenditures are exempt from reporting under the law.
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Lobbying in Mississippi - 2011
Chapter 5
The Annual Reports of Expenditures
LOBBYING SNAPSHOT
Annual Reports are due January 30 of each year.
Lobbyists and Lobbyists’ Clients must both file
annual reports.
Lobbyists file FORM A.
Lobbyist’s Client file FORM C.
Who Must File
The final statutory report of each lobbying cycle is the Annual Report of Expenditures.
Both the lobbyist and the lobbyist’s client must file individual annual reports with the Secretary of
State’s Office on or before January 30 of each year. These reports cover activities from January 1
through December 31 of the year for which the lobbyist is registered.
The Lobbyist’s Annual Report is Form A.
The Lobbyist’s Client’s Annual Report is Form C.
Lobbyists must file a separate report for each client he or she represents.
Annual Report forms will be mailed to the lobbyist and lobbyist’s client upon completion of
the registration process described in Chapter 2. The Elections Division of the Secretary of State’s
Office distributes blank forms and receives completed reports. Blank forms may also be
downloaded from the Secretary of State’s website at www.sos.ms.gov.
All lobbying forms can be downloaded:
Go to www.sos.ms.gov
Go to ―Elections‖ icon
Go to ―Lobbying‖
Click on ―Lobbying Forms Library‖ below in ―Options‖
Download form needed
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Lobbying in Mississippi - 2011
Chapter 6
Supplemental Lobbying Reporting
LOBBYING SNAPSHOT
Supplemental Forms are used when more space for
itemized entries is needed than that provided on
Form E, Form A, and Form C.
Form XMC is used when more than one client
benefited from an itemized entry.
Lobbyists should also note that a FORM T: Termination of Lobbyist Registration, may be filed
as an official notice of termination of a lobbyist or lobbyist’s client registration. The FORM T form
should be filed along with the Lobbyist’s Annual Report at the time of termination.
Supplemental reporting forms will be mailed to the lobbyist and lobbyist’s client upon
completion of the registration process described in Chapter 2. The Elections Division of the
Secretary of State’s Office distributes blank forms and receives completed reports. See page four (4)
of this guide for the address and telephone number. Blank forms may also be downloaded from the
Secretary of State’s web site at www.sos.ms.gov. Then go to: Elections, then Lobbying, and then
to Lobbying Forms Library.
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Lobbying in Mississippi - 2011
Chapter 7
Delinquencies, Fines, and Penalties
LOBBYING SNAPSHOT
Civil fine assessment begins ten (10) days after
all reporting deadlines.
Fines are assessed at the rate of $50 per day.
Fines are assessed each reporting deadline.
Civil Penalties
In accordance with Miss. Code Ann. § 5-8-17 (1972), the Secretary of State must levy civil
penalties and monetary fines upon those lobbyists and lobbyists’ clients who fail to file required
reports by the statutory deadline. To avoid penalty, all reports must be received in the Secretary of
State’s Office no later that 5:00 p.m. on the report deadline date. These dates are found on page 13,
and the back page of this booklet.
The law allows a grace period of nine (9) calendar days following the statutory filing
deadlines. Beginning with the tenth calendar day after the filing deadline, the Secretary of State
must begin assessing a fine of $50 per day for up to 10 days for failure to file a required lobbyist or
lobbyist’s client report. This fine is per day and part of any day until a valid report is delivered to
the Secretary of State. Only because of unforeseeable mitigating circumstances is the Secretary
of State allowed to waive all or part of the mandatory penalty. See page 44 for definition of
―unforeseeable mitigating circumstances.‖
Although the Secretary of State’s Office attempts to notify delinquent lobbyists and
lobbyists’ clients of their delinquent status prior to assessing the fine, failure to receive notice by
mail prior to the tenth calendar day after the deadline will not result in removal or reduction of the
fine. Filing of the required report and paying the fine within 10 calendar days of notice by the
Secretary of State that a required statement has not been filed constitutes statutory compliance.
Payment of the fine without filing the report does not constitute compliance.
Criminal Penalties
An intentional violation of the lobbying law is a criminal offense with a maximum penalty
of $1,000 and six (6) months imprisonment for the first offense and $5,000 and three years
imprisonment for subsequent offenses. Please see Miss. Code Ann. §§ 5-8-17 and 5-8-21 (1972), in
Appendix D: Mississippi Lobbying Statutes beginning on page 22 of this booklet for further
information regarding fines and penalties for failure to report lobbying and lobbyist’s client
activities.
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Lobbying in Mississippi - 2011
Appendix A:
Lobbying Law – General Interpretations
Sales
Payments or expenses associated with sales to state and local governments that are subject to the
purchasing laws of the State of Mississippi are generally not subject to the lobbying law registration
or reporting requirements. See Mississippi Attorney General’s Official Opinion to the Honorable
Tim Ford dated February 17, 1995. Copies of this opinion may be obtained from
the Attorney General’s Office at: www.ago.state.ms.us - Docket Number 1994-0837.
Executive Action
Miss. Code Ann. § 5-8-3(d) (1972) defines executive action as:
(d) ―the proposal, drafting, development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or postponement by a state or local governmental
entity of a rule, regulation, order, decision, determination or other quasi-legislative action or
proceeding.‖
Accordingly, routine matters by agencies and local governments which do not require an official
order or other official action described above do not generally fall within the definition of “executive
action.”
Quasi-Judicial Action
While the definition of executive action in Miss. Code Ann. § 5-8-3(d) (1972) includes
references to various executive and quasi-legislative actions, no reference is made to quasi-judicial
proceedings.
Accordingly, the position of the Secretary of State is that payments or expenses associated solely
with a purely quasi-judicial forum or proceeding are not subject to the requirements of the lobbying
law.
Community Economic Development Agencies
As a general rule, the Secretary of State’s Office does not regard as influence on executive or
legislative action the traditional activities of government-funded community economic development
agencies — including the promotion of location and expansion of businesses in a specific community
or geographic area.
Thus, such bona-fide economic development activities undertaken by community economic
development agencies which are funded in whole or in part by government funds (including
chambers of commerce which receive government funding) may generally be undertaken without
being subject to the lobbying law.
However, the agency or chamber should register and report lobbying activity if it undertakes a
lobbying effort unrelated to its economic development mission within its particular community or
geographic area.
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Lobbying in Mississippi - 2011
Acknowledging that government-funded community economic development agencies frequently
enlist the support of existing business enterprising in assisting their bona-fide economic development
activities, the position of the Secretary of State’s Office is that such assistance is likewise generally
not subject to the lobbying law if the community economic development agency makes a specific
request for a particular form of assistance. Contemporaneous records should be kept of all such
requests.
Training For Community Health, Safety, and Welfare
The Secretary of State’s Office generally does not regard as lobbying activity expenditures made
strictly in the context of training offered for the general health, safety, and welfare of the community.
For example, training provided to local government employees on utility line safety is not considered
lobbying.
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Lobbying in Mississippi - 2011
Appendix B:
Terms and Definitions
Annual Report - Annual reports are filed
separately by lobbyists and lobbyist’s
clients. Annual reports are detailed
financial reports of lobbying activities
conducted during the previous
calendar year; due no later than
January 30 of the year following
lobbying activity.
than 5:00 p.m. on January 30 of each
year.
Mid Session/End Session - Form E is the
Legislative Session Report. It is filed
only by lobbyists. Two are filed each
year; due in the Secretary of State’s
Office no later than 5:00 p.m. on
February 25 and ten (10) days after
sine die.
Certificate Number - The number assigned to
each lobbyist’s client the lobbyist is
registered to represent. The certificate
number is found on the lobbyist’s
certificate card issued at registration
(also referred to as registration
number).
Form R - Form R is the Lobbyist’s
Registration Form that establishes the
relationship between the lobbyist and
the lobbyist’s client during the
lobbying cycle. A lobbyist must file a
registration form each calendar year.
Civil Fines - Civil fines are monetary fines.
Lobbyists and lobbyists’ clients are
fined $50 per day if they do not file
annual reports or legislative session
reports by the statutory deadline.
Form T - Form T is the Lobbyist’s
Termination Report that dissolves the
relationship between the lobbyist and
the lobbyist’s client. Form T should
only be filed if the lobbyist terminates
services before the end of the lobbying
cycle.
End-of-Session Report - The second, and
final, legislative session report (Form
E). Each lobbyist must file an End-ofSession report with the Secretary of
State within ten (10) days of sine die.
Form X - Form X is the supplemental
Itemized Expenditure Report. It can
be used as an attachment for Form A
and Form C.
Lobbyist Annual - Form A is the annual
report filed by each lobbyist. If a
lobbyist has multiple clients, a
separate Form A is filed for each
client. These are due in the Secretary
of State’s Office no later than 5:00
p.m. on January 30 of each year.
Form XL - Form XL is the supplemental
Itemized Legislative Expenditure
Report. It can be used as an
attachment to Form E.
Form XMC - Form XMC is the supplemental
Itemized Expenditures Benefiting
Multiple Clients Report. It can be
used as an attachment for Form E and
Form A.
Client Annual - The annual report filed by
each lobbyist’s client. Lobbyists’
clients file a single Form C on all
lobbyists employed by that client; due
in the Secretary of State’s Office no
later
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Lobbying in Mississippi - 2011
Form XP - Form XP is the supplemental
Itemized Reception Report. It can be
used as an attachment for Form A and
Form C.
Lobbying Cycle - The Mississippi lobbying
cycle begins on January 1 and ends
December 31 of each calendar year.
Mid-Session Report - The first Legislative
Session Expenditure Report, due
February 25, that all lobbyists file.
Grace Period - The first nine (9) calendar
days following a reporting deadline
before civil fines are assessed. Fine
assessment begins ten (10) days
following a reporting deadline.
Pecuniary Interest - Pecuniary interest is any
degree of direct or indirect financial
interest.
Legislative Session Reports - Two
Legislative Session Reports (Form E)
are filed by each lobbyist. Lobbyists’
clients do not file Legislative Session
Reports. However, lobbyists must file
a separate Form E for each client the
lobbyist represents. In 2003,
Legislative Session Reports are due in
the Secretary of State’s Office no later
than 5:00 p.m. on February 25 and
ten (10) days after sine die.
Reception - A reception is a function
sponsored by a lobbyist or lobbyist’s
client that begins and ends within one
day, to which all 174 legislative
members and the eight (8) statewide
elected officials are individually
invited.
sine die - Legislative adjournment; may
change during the course of the
session; determines the due date of the
Legislative End-of-Session Report.
Lobbyist - (i) An individual who is employed
and receives payments, or who
contracts for economic consideration,
including reimbursement for
reasonable travel and living expenses,
for the purpose of lobbying
Statutory deadlines - The date on which a
report must be filed, according to law.
There are three main statutory
deadlines: January 30, February 25,
and ten (10) days after sine die.
Failure to file Annual Reports and
Legislative Session Reports by their
respective statutory deadlines results
in lobbyists and lobbyists’ clients
being assessed fines.
(ii) An individual who represents a
legislative or public official or public
employee, or who represents a person,
organization, association, or other
group for the purpose of lobbying
(iii) A sole proprietor, owner, part
owner, or shareholder in a business
who has a pecuniary interest in
legislative or executive action, who
engages in lobbying activities
Unforeseeable Mitigating Circumstances The only circumstance in which a
lobbying fine can be waived by the
Secretary of State. The statute, Miss.
Code Ann. § 5-8-17(1)(b) (1972) cites
as an example ―such as the health of
the lobbyist.‖ This standard is
interpreted strictly, thus few fines are
waived. For instance, failure to
receive mailed notice of a fine or other
mailings is not an ―unforeseeable
mitigating circumstance.‖
Lobbyist’s Client - The person in whose
behalf the lobbyist influences or
attempts to influence legislative or
executive action.
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Lobbying in Mississippi - 2011
Appendix C:
Frequently Asked Questions
Q. The grace period for filing reports ends
on a Saturday. If I turn my report in
the following Monday, am I still fined?
Q. Is lobbying of federal officials, elected
or appointed, subject to Mississippi’s
lobbying laws?
A. Yes. The grace period allows nine (9) days
to file after the filing deadline without
penalty. Fines are assessed beginning 10
days after each filing deadline.
A. No. However, lobbying of state, county,
municipal, and other local officials is
covered by the lobbying law.
Q. If something of value is given to a
judicial official, is that required to be
reported?
Q. My report was postmarked on the day
of the penalty deadline; why am I still
being fined?
A. No. Judges are not under the Mississippi
lobbying law.
A. By statute, reports must be received in the
Secretary of State’s Office by 5:00 p.m. by
the deadline day.
Q. Are fines assessed by working days or
calendar days?
Q. I am a private citizen who wants to
contact my local legislators about a bill
I’m supporting. Must I register as a
lobbyist?
A. Calendar days, including Saturday,
Sunday, and holidays, if they fall within
the penalty period.
A. Generally, if no more than $200 is spent
on influencing legislators, the citizen will
be exempt.
Q. Are campaign contributions reported
on lobbying reports?
Q. If my company pays for ―educational‖
or ―recreational‖ trips for public
officials, are they exempt from
reporting?
A. No. Lawful campaign contributions are
not reported on lobbying disclosure
reports if they are subject to the campaign
finance disclosure laws of Mississippi.
A. No. Reports must be made for travel,
lodging, and/or entertainment expenses.
Q. I’m an association member, and I took
a couple of legislators to dinner before
an important committee vote. Must I
register as a lobbyist?
Q. I am a public official. When one of my
constituents buys me a cup of coffee, is
that supposed to be reported?
A. As long as the constituent is not lobbying
on behalf of a client, and not spending
more than $200 in a calendar year on
public officials, the constituent would be
exempt.
A. You must register as a lobbyist if you
spend more than $200 per year on a
public officials.
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Lobbying in Mississippi - 2011
Q. I’m an association member, and I come
to Jackson one week each year, usually
spending about $2,000 meeting with
state officials on decisions their agency
makes. Must I register as a lobbyist?
Q. I work for a ―good government‖
organization that telephones or writes
its members to contact legislators in
favor or against specific legislation.
Should we list this expense on our
periodic reports?
A. Yes. You spent more than $200 per year to
influence decision-making by public
officials.
A. Yes.
Q. Our company, which is registered as a
lobbyist’s client, invites the entire
Legislature and all statewide officials to
a reception each year. Must we itemize
the names of all attendees?
Q. I am an attorney arguing a case before
a Mississippi court. Must I register as a
lobbyist?
A. No. The lobbying law applies only to
legislative and executive bodies, and
boards and commissions, including boards
of supervisors.
A. No. The law specifically exempts from
itemization requirements receptions held
for the entire Legislature and all statewide
officials. This statute refers to food at
such an event as “for immediate
consumption,” which means it is eaten
within the span of one day.
Q. I am a state agency employee, whose job
involves working with legislators to
promote or defeat legislation of interest
to my agency. Must I register as a
lobbyist?
A. Yes, if lobbying is a primary or regular
function of your job or if you give the
legislators more than $200 worth of things
of value in a calendar year.
Q. Because of errors by the post office (or
misrouting of mail in my office, or
similar delay), I never received my fine
warning letter until after the fines
began being assessed. Will I still be
fined?
Q. I own a few shares in a company that
employs lobbyists. If I take a legislator
to dinner about a bill affecting that
company, must I register as a lobbyist?
A. Yes. The Secretary of State’s Office
supplies a calendar of statutory deadlines
to each registered lobbyist and lobbyist’s
client.
A. No, unless you spend more than $200 per
year to influence decisions by public
officials.
Lobbyists and lobbyists’ clients are
advised to familiarize themselves with the
statutory requirements and dates. The law
requires the final fine warning notice to be
mailed but does not condition assessment
of the fine on receipt prior to the fine
assessment date
Q. I am a registered lobbyist. If I buy a
public official a $12 lunch, what must I
report?
A. When buying lunch for a public official,
you must report the lunch, the value of the
lunch, where the lunch occurred, your
name, and the name of the official.
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Lobbying in Mississippi - 2011
Appendix D:
Mississippi Lobbying Statutes
2. A promissory note, bill of exchange,
order, draft, warrant, check or bond given
for the payment of money;
Sec. 5-8-1. Short Title.
Sec. 5-8-3. Definitions.
Sec. 5-8-5. Registration statements; filing; contents;
length of registration period; effective date of
registration; termination of registration; forms.
Sec. 5-8-7. Persons excluded from definition of
―lobbyist‖ and ―lobbyist’s client.‖
Sec. 5-8-9. Report of expenditures of lobbyist’s client;
exceptions.
Sec. 5-8-11. Report of payments received by lobbyist
from each lobbyist's client; exceptions.
Sec. 5-8-13. Prohibited acts; required acts.
Sec. 5-8-15. Investigations of violations of chapter.
Sec. 5-8-17. Penalties; Ethics Commission hearings;
appeals; investigation by Attorney General of
continued non-compliance.
Sec. 5-8-19. Duties of Secretary of State.
Sec. 5-8-21. Penalties for intentional violations;
prosecution of corporation or association not barred.
Sec. 5-8-23. Severability clause.
3. A contract, agreement, promise or other
obligation for an advance, conveyance,
forgiveness of indebtedness, deposit,
distribution, loan, payment, gift, pledge or
transfer of money;
4. A stock, bond, note or other investment
interest in an entity;
5. A receipt given for the payment of
money or other property;
6. A right in action;
7. A gift, tangible good, chattel or an
interest in a gift, tangible good or chattel;
Editor’s Note
Effective upon effectuation under Sec. 5 of the
Voting Rights Act of 1965. Provisions similar
to those found in this chapter were formerly
found in Title 5, Chapter 7.
8. A loan or forgiveness of indebtedness;
Sec. 5-8-1. Short Title.
11. Real property or an interest in real
property, including title to realty, a fee
simple or partial interest, present or future,
contingent or vested within realty, a
leasehold interest, or other beneficial
interest in realty;
9. A work of art, antique or collectible;
10. An automobile or other means of
personal transportation;
This chapter shall be cited as the
―Lobbying Law Reform Act of 1994.‖
Sec. 5-8-3. Definitions.
The following words and phrases shall have
the meanings ascribed herein unless the
context clearly indicates otherwise:
12. An honorarium or compensation for
services;
(a) (i) ―Anything of value‖ means:
13. 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
executive, legislative or public official or
1. A pecuniary item, including money, or
a bank bill or note;
22
Lobbying in Mississippi - 2008
public employee, or the sale or trade of
something for reasonable compensation
that would ordinarily not be available to a
member of the public;
(ii) A contract, agreement, promise or
other obligation for an advance,
conveyance, forgiveness of indebtedness,
deposit, distribution, loan, payment, gift,
pledge or transfer of money or anything of
value, including reimbursement of travel,
food or lodging costs, for services
rendered or to be rendered.
14. A promise or offer of employment;
15. Any other thing of value that is
pecuniary or compensatory in value to a
person, except as otherwise provided in
subparagraph (ii) of this paragraph; or
(d) ―Executive action‖ means the proposal,
drafting, development, consideration,
amendment, adoption, approval, promulgation,
issuance, modification, rejection or
postponement by a state or local governmental
entity of a rule, regulation, order, decision,
determination or other quasi-legislative action
or proceeding.
16. A payment that directly benefits an
executive, legislative or public official or
public employee or a member of that
person's immediate family.
(ii) Anything of value does not mean:
(e) ―Executive agency‖ means:
1. Informational material such as books,
reports, pamphlets, calendars or
periodicals informing an executive,
legislative or public official or public
employee of her or his official duties;
(i) An agency, board, commission,
governing authority or other body in the
executive branch of state or local
government; or
2. A certificate, plaque or other
commemorative item which has little
pecuniary value;
(ii) An independent body of state or local
government that is not a part of the
legislative or judicial branch, but which
shall include county boards of supervisors.
3. Food and beverages for immediate
consumption provided by a lobbyist up to
a value of ten dollars ($10) in the
aggregate during any calendar year;
(f) ―Executive official‖ means:
(i) A member or employee of a state
agency, board, commission, governing
authority or other body in the executive
branch of state or local government; or
4. Campaign contributions reported in
accordance with Section 23-15-801 et
seq., Mississippi Code of 1972.
(ii) A public official or public employee,
or any employee of such person, of state or
local government who takes an executive
action.
(b) ―Commission‖ means the Mississippi
Ethics Commission, when used in the context
of Section 5-8-19 of this chapter.
(c) ―Compensation‖ means:
(i) An advance, conveyance, forgiveness
of indebtedness, deposit, distribution,
loan, payment, gift, pledge or transfer of
money or anything of value, including
reimbursement of travel, food or lodging
costs; or
(g) ―Expenditure‖ means:
(i) A purchase, payment, distribution, loan,
forgiveness of a loan or payment of a loan
by a third party, advance, deposit, transfer
of funds, a promise to make a payment, or
23
Lobbying in Mississippi - 2011
a gift of money or anything of value for
any purpose;
(i)lPreparation, research, drafting,
introduction, consideration, modification,
amendment, approval, passage, enactment,
tabling, postponement, defeat or rejection
of a bill, resolution, amendment, motion,
report, nomination, appointment or other
matter by the Mississippi State Legislature
or a member or employee of the
Legislature acting or purporting to act in
an official capacity;
(ii) A payment to a lobbyist for salary,
fee, commission, compensation for
expenses, or other purpose by a person
employing, retaining or contracting for
the services of the lobbyist separately or
jointly with other persons;
(iii) A payment in support of or assistance
to a lobbyist or the lobbyist’s activities,
including the direct payment of expenses
incurred at the request or suggestion of
the lobbyist;
(ii) Action by the Governor in approving
or vetoing a bill or other action of the
Legislature;
(iii) Action by the Legislature in:
(iv) A payment that directly benefits an
executive, legislative or public official or
a member of the official's immediate
family;
1. Overriding or sustaining a veto by
the Governor; or
2. Considering, confirming or rejecting
an executive appointment of the
Governor.
(v) A payment, including compensation,
payment or reimbursement for the
services, time or expenses of an employee
for or in connection with direct
communication with an executive,
legislative or public official made at the
direction of the employee’s employer;
(j) ―Legislative official‖ means:
(i) A member, member-elect or presiding
officer of the Legislature;
(ii) A member of a commission or other
entity established by and responsible to
either or both houses of the Legislature;
(vi) A payment for or in connection with
soliciting or urging other persons to enter
into direct communication with an
executive, legislative or public official; or
(iii) A staff member, officer or employee
to a member or member-elect of the
Legislature, to a member of a commission
or other entity established by and
responsible to either or both houses of the
Legislature, or to the Legislature or any
house, committee or office thereof.
(vii) A payment or reimbursement for
food, beverages, travel, lodging,
entertainment or sporting activities.
(h) ―Gift‖ means anything of value to the
extent that consideration of equal or greater
value is not received, 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 executive, legislative or public official.
(k) ―Lobbying‖ means:
(i) Influencing or attempting to influence
legislative or executive action through oral
or written communication; or
(ii) Solicitation of others to influence
legislative or executive action; or
(i) ―Legislative action‖ means:
24
Lobbying in Mississippi - 2011
(iii) Paying or promising to pay anything
of value directly or indirectly related to
legislative or executive action.
college system, and a president of a state
college or university.
(q) ―Public official‖ means an individual
elected to a state or local office, or an
individual who is appointed to fill a vacancy in
the office.
(l) ―Lobbyist‖ means:
(i) An individual who is employed and
receives payments, or who contracts for
economic consideration, including reimbursement for reasonable travel and living
expenses, for the purpose of lobbying;
(r) ―Value‖ means the retail cost or fair market
worth of an item or items, whichever is greater.
Sec. 5-8-5. Registration statements; filing;
contents; length of registration period;
effective date of registration; termination of
registration; forms.
(1) Except as otherwise provided in Section
5-8-7 of this chapter and in addition to reports
required by Sections 5-8-9 and 5-8-11 of this
chapter, every lobbyist and every lobbyist's
client shall file a registration statement with the
Secretary of State within five (5) calendar days
after becoming a lobbyist, becoming a
lobbyist’s client or beginning to lobby for a
new client. The filing of every registration
statement shall be accompanied by the payment
of a registration fee of twenty-five dollars ($25)
to the Secretary of State. The lobbyist shall file
the registration statement and pay the fees to
the Secretary of State for each lobbyist's client
whom the lobbyist represents.
(ii) An individual who represents a
legislative or public official or public
employee, or who represents a person,
organization, association or other group,
for the purpose of lobbying; or
(iii) A sole proprietor, owner, part owner
or shareholder in a business who has a
pecuniary interest in legislative or
executive action, who engages in
lobbying activities.
(m) ―Lobbyist's client‖ means the person in
whose behalf the lobbyist influences or
attempts to influence legislative or executive
action.
(n) ―Local‖ means all entities of government
at the county, county-district, multicounty
district, municipal or school district level.
(2) The registration statement shall include the
following:
(o) ―Person‖ means an individual,
proprietorship, firm, partnership, joint venture,
joint-stock company, syndicate, business trust,
estate, company, corporation, association,
club, committee, organization or group of
persons acting in concert.
(a) The name, address, occupation and
telephone number of the lobbyist;
(b) The name, address, telephone number
and principal place of business of the
lobbyist’s client;
(p) ―Public employee‖ means an individual
appointed to a position, including a position
created by statute, whether compensated or
not, in state or local government and includes
any employee of the public employee. The
term includes a member of the board of
trustees, chancellor, vice-chancellor or the
equivalent thereof in the state university
system or the state community and junior
(c) The kind of business of the lobbyist’s
client;
(d) The full name of the person or persons
who control the lobbyist’s client, the
partners, if any, and officers of the
lobbyist’s client;
25
Lobbying in Mississippi - 2011
(e) The full name, address and telephone
number of each lobbyist employed by or
representing the lobbyist’s client; and
(b) An individual who:
(i) Represents or purports to represent only
the individual;
(f) A statement or statements by the
lobbyist and lobbyist’s client indicating
the specific nature of the issues being
advocated for or against on behalf of the
lobbyist’s client, with sufficient detail so
that the precise nature of the lobbyist's
advocacy is evident from the statement
itself.
(ii) Receives no compensation or anything
of value for lobbying; and
(iii) Has no pecuniary interest in the
legislative or executive action.
(c) An individual lobbying in his or her own
interest, his or her own business interest, who
pays, or promises to pay, offers to pay or
causes to be paid to public officials, legislative
officials or public employees any thing or
things of value aggregating in value to less than
two hundred dollars ($200) in any calendar
year.
(3) Registration shall be valid for one (1)
calendar year, commencing January 1 and
ending December 31 of each year. If the
lobbyist or lobbyist’s client shall register after
January 1, the registration shall be effective
upon actual receipt by the Secretary of State
and shall cease on December 31 of each year.
(d) An individual lobbying on behalf of his or
her employer’s business interest where such
lobbying is not a primary or regular function of
his employment position if such individual
pays, promises to pay, offers to pay, or causes
to be paid individually or on the employer’s
behalf to public officials, legislative officials,
or public employees any thing or things of
value aggregating in value to less than two
hundred dollars ($200) in any calendar year.
(4) A lobbyist or lobbyist’s client may
terminate his registration by filing an
expenditure report required under this chapter.
Such report shall include information through
the last day of lobbying activity. The
termination report must indicate that the
lobbyist intends to use the report as the final
accounting of lobbying activity.
(5) The Secretary of State shall prescribe and
make available to every lobbyist and lobbyist's
client appropriate forms for filing registration
statements as required by Sections 5-8-1
through 5-8-19 of this chapter.
(e) An individual lobbying on behalf of an
association of which he or she is a member,
where such lobbying is not a primary or regular
function of his or her position in the
association, if such individual pays, promises to
pay, offers to pay, or causes to be paid
individually or on the association’s behalf to
public officials, legislative officials or public
employees any thing or things of value
aggregating in value to less than two hundred
dollars ($200) in any calendar year.
Sec. 5-8-7. Persons excluded from definition
of ―lobbyist‖ and ―lobbyist’s client.‖
Notwithstanding any other provisions of this
chapter, the following person shall not be
included within the definition of ―lobbyist‖ or
―lobbyist's client‖ under this chapter, and
accordingly the registration and reporting
provisions, including the payment of related
fees, of this chapter do not apply to:
(f) An individual who is a shareholder, owner
or part owner of a business who lobbies on
behalf of such business, where such individual
is not an employee of the business, if such
individual pays, promises to pay, offers to pay,
or causes to be paid individually or on behalf of
(a) A legislative or public official acting in an
official capacity.
26
Lobbying in Mississippi - 2011
the business to public officials, legislative
officials or public employees any thing or
things of value aggregating in value to less
than two hundred dollars ($200) in any
calendar year.
magazines, or bona fide news bureaus or
associations which in turn furnish information
solely to bona fide radio or television stations,
newspapers, journals or magazines.
(j) An individual who engages in lobbying
activities exclusively on behalf of a religious
organization which qualifies as a tax-exempt
organization under the Internal Revenue Code.
(g) An individual who:
(i) Limits lobbying solely to formal
testimony before a public meeting of a
legislative body or an executive agency,
or a committee, division or department
thereof; and
(k) An individual who is a nonattorney
professional and who receives professional fees
and expenses to represent clients on executive
agency matters, except that if anything of value
shall be paid or promised to be paid directly or
indirectly on behalf of a client for the personal
use or benefit of an executive or public official
or public employee, then expenditures and
actions of the individual are reportable under
this chapter, and the individual must register as
a lobbyist.
(ii) Registers the appearance in the
records of the public body, if such records
are kept.
(h) An individual who is a licensed attorney
representing a client by:
(i) Drafting bills, preparing arguments
thereon, and advising the client or
rendering opinions as to the construction
and effect of proposed or pending
legislation, where such services are usual
and customary professional legal services
which are not otherwise connected with
legislative action; or
Sec. 5-8-9. Report of expenditures of
lobbyist’s client; exceptions.
(1) Except as otherwise provided in Section
5-8-7 of this chapter and in subsection (7) of
this section, no later than January 30 of each
year, a lobbyist’s client shall file a report of
expenditures with the Secretary of State. The
report must contain information on all
expenditures paid by the lobbyist’s client
during the preceding twelve (12) calendar
months.
(ii) Providing information, on behalf of
the client, to an executive or public
official, a public employee, or an agency,
board, commission, governing authority
or other body of state or local
government where such services are
usual and customary professional legal
services including or related to a
particular nonlegislative matter, case or
controversy.
(2) The report must list expenditures for the
purpose of lobbying according to the following
categories:
(a) A payment to a lobbyist for salary, fee,
compensation for expenses, or other purpose
by a person employing, retaining or
contracting for the services of the lobbyist
separately or jointly with other persons;
(i) News media and employees of the news
media whose activity is limited solely to the
publication or broadcast of news, editorial
comments, or paid advertisements that attempt
to influence legislative or executive action.
For the purposes of this section, ―news media‖
shall be construed to be bona fide radio and
television stations, newspapers, journals or
(b) A payment for those portions of office
rent, utilities, supplies and compensation of
support personnel attributable to lobbying
activities;
27
Lobbying in Mississippi - 2011
(c) A payment in support of or assistance to
a lobbyist or the lobbyist’s activities,
including the direct payment of expenses
incurred at the request or suggestion of the
lobbyist;
to such official or employee, with sufficient
detail so that the nature of the transfer is
clear;
(c) The place and date anything of value was
paid, given or promised; and
(d) A payment, including compensation,
payment or reimbursement for the services,
time or expenses of an employee for or in
connection with direct communication with
an executive, legislative or public official
or public employee, where such
communication is made at the request,
suggestion or direction of the lobbyist’s
client;
(d) The name of the person who paid, gave
or promised to pay anything of value.
(4) Each expenditure for the purpose of
lobbying must be reported in accordance with
the category of the expenditure required in this
section and with any additional categories as
may be required by rule or regulation of the
Secretary of State.
(e) A payment for or in connection with
soliciting or urging other persons to enter
into direct communication with an
executive, legislative or public official or
public employee, where such
communication is made at the request,
suggestion or direction of the lobbyist’s
client;
(5) The report due January 30 shall include a
cumulative total for the calendar year for all
reportable categories.
(6) A lobbyist’s client shall maintain
contemporaneous records of all expenditures
reportable under Sections 5-8-1 through 5-8-19
of this chapter and shall retain such records for
a period of two (2) years.
(f) A payment or reimbursement for food,
beverages, travel, lodging, entertainment or
sporting activities; or
(7) If the State of Mississippi is a lobbyist’s
client, the State of Mississippi shall be exempt
from filing an annual report.
(g) A purchase, payment, distribution, loan,
forgiveness of a loan or payment of a loan
by a third party, advance, deposit, transfer
of funds, a promise to make a payment, or a
gift of money or anything of value for any
purpose.
(8) (a) If the entire Legislature and all statewide
elected officials are individually invited to a
single function, which is sponsored by a
lobbyist’s client, or a lobbyist on behalf of such
client, and is to begin and end within one (1)
day, then it shall not be necessary to report the
costs related to food and beverages offered for
immediate consumption required in subsection
three (3) of this section, so long as food and
beverages provided at such functions are
offered equally to all invitees; however, in all
such cases, the amount expended for such
functions shall be reported in accordance with
the provisions of this subsection.
(3) For each executive, legislative or public
official or public employee who was paid,
given or promised to be paid anything of value
in full or in part from the lobbyist’s client, the
report must also include:
(a) The name of the executive, legislative
or public official or public employee who
was paid, given or promised anything of
value;
(b) The report of the expenditure connected
with a single function as described in
paragraph (a) of this subsection shall be
(b) A description and the monetary value of
anything of value paid, given or promised
28
Lobbying in Mississippi - 2011
made by the lobbyist’s client and shall
include the tot following:
(d) A payment, including compensation,
payment or reimbursement for the services,
time or expenses of an employee for or in
connection with direct communication
with an executive, legislative or public
official or public employee, where such
communication is made at the request,
suggestion or direction of the lobbyist;
(i) The total amount of money expended
for the function;
(ii) The estimated total number of persons
in attendance at the function;
(iii) The estimated total number of public
officials in attendance at the function.
(e) A payment for or in connection with
soliciting or urging other persons to enter
into direct communication with an
executive, legislative or public official or
public employee, where such
communication is made at the request,
suggestion or direction of the lobbyist;
Sec. 5-8-11. Report of payments received by
lobbyist from each lobbyist’s client;
exceptions.
(1) Except as otherwise provided in Section
5-8-7 of this chapter, a lobbyist shall file with
the Secretary of State a separate report for
each lobbyist’s client. The report shall
specifically list all payments received from the
lobbyist’s client and all expenditures that were
initiated or paid by the lobbyist on behalf of
each lobbyist’s client during each reporting
period required herein.
(f) A payment or reimbursement for food,
beverages, travel, lodging, e
