Citations Affected: IC 2-7.
Synopsis: Lobbyist activity reports. Requires lobbyist activity reports
to include: (1) expenditures for advertising, mass mailings,
publications, or other efforts to inform the general public or urge the
general public to take any action for the purpose of influencing any
legislative action; and (2) the name and permanent address of each
person that contributed or provided at least $500 for those efforts.
Requires a person whose lobbying services are performed without
compensation, but who expends at least $500 in reportable
expenditures for lobbying, to file a registration statement. Defines
"lobbying" to include communicating by any means to inform the
general public or to urge the general public to take any action with the
purpose of influencing any legislative action.
Effective: July 1, 2006.
January 11, 2006, read first time and referred to Committee on Ethics.
A BILL FOR AN ACT to amend the Indiana Code concerning the
news wire service, radio or television station (including any individual
who owns, publishes, or is employed by any such newspaper or
periodical, radio or television station) which in the ordinary course of
business publishes news items, editorials, or other comments, or paid
advertisement, which directly or indirectly urge legislative action if
such newspaper, periodical, book publisher, radio or television station,
or individual engages in no further or other activities in connection
with urging legislative action other than to appear before a committee
of the legislature in support of or in opposition to such action.
(c) The provisions of this chapter are not applicable to an individual invited, by any member of the general assembly, to testify before the general assembly or a legislative committee at the time the individual is testifying.
(d) The provisions of this chapter are not applicable to any officer or employee of the state central committee of a political party while acting within the scope of
his the officer's or employee's employment.
(e) This chapter does not apply to a person whose lobbying services are performed without compensation, unless the person expends at least five hundred dollars ($500) in expenditures reportable under this article for lobbying.
(f) Notwithstanding the definition of "lobbying" as specified in IC 2-7-1-9, in no instance shall the language of this chapter be construed to prohibit in any way free and open communication between any citizen of this state and members of the general assembly.
(g) This article does not apply to:
(1) an insurance policy;
(2) a credit card agreement;
(3) a recorded mortgage secured by real property; or
(4) a written agreement with a financial institution (as defined in IC 28-1-1-3);
if the insurance policy, credit card, mortgage, or agreement was issued or made in the ordinary course of business.
(h) This article does not apply to compensation paid to the spouse of a legislator for goods or services provided by the spouse in the ordinary course of business to a lobbyist or a lobbyist's employer.
(i) The items to which this article does not apply under subsection (g) or (h) shall not be included in activity reports filed under IC 2-7-3-3.
to be supplied under IC 2-7-2-3 and IC 2-7-2-4.
(2) Total expenditures on lobbying (prorated, if necessary) broken down to include at least the following categories:
(A) Compensation to others who perform lobbying services.
(B) Reimbursement to others who perform lobbying services.
(D) Entertainment, including meals. However, a function to which the entire general assembly is invited is not lobbying under this article.
(E) Gifts made to an employee of the general assembly or a member of the immediate family of an employee of the general assembly.
(F) Advertising, mass mailings, publications, or other efforts to:
(i) inform the general public; or
(ii) urge the general public to take any action;
for the purpose of influencing any legislative action.
(3) A statement of expenditures and gifts that equal one hundred dollars ($100) or more in one (1) day, or that together total more than five hundred dollars ($500) during the calendar year, if the expenditures and gifts are made by the registrant or
registrant's agent to benefit:
(A) a member of the general assembly;
(B) an officer of the general assembly;
(C) an employee of the general assembly; or
(D) a member of the immediate family of anyone included in clause (A), (B), or (C).
(4) Whenever a lobbyist makes an expenditure that is for the benefit of all of the members of the general assembly on a given occasion, the total amount expended shall be reported, but the lobbyist shall not prorate the expenditure among each member of the general assembly.
(5) A list of the general subject matter of each bill or resolution concerning which a lobbying effort was made within the registration period.
(6) The name of the beneficiary of each expenditure or gift made by the lobbyist or
his the lobbyist's agent that is required to be
reported under subdivision (3).
(7) The name of each member of the general assembly from whom the lobbyist has received an affidavit required under IC 2-2.1-3-3.5.
(8) For expenditures reported under subdivision (2)(F), the
name and permanent address of each person that contributed
or provided at least five hundred dollars ($500).
(b) In the second semiannual report, when total amounts are required to be reported, totals shall be stated both for the period covered by the statement and for the entire reporting year.
(c) An amount reported under this section is not required to include the following:
(1) Overhead costs.
(2) Charges for any of the following:
(B) Express mail service.
(D) Facsimile transmissions.
(E) Telephone calls.
(3) Expenditures for the personal services of clerical and other support staff persons who are not lobbyists.
(4) Expenditures for leasing or renting an office.
(5) Expenditures for lodging, meals, and other personal expenses of the lobbyist.