Introduced Version
HOUSE BILL No. 1551
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-7; IC 4-13.6-6-5; IC 5-22-16-7;
IC 36-1-12-22.
Synopsis: Political expenditures. Provides that the activities of a
person or organization to communicate by any means, or to pay others
to communicate by any means, to inform the general public or urge the
general public to take an action to influence any legislative action is
lobbying. Requires such a person or organization to register as a
lobbyist and report certain information. Provides that persons making
certain political contributions may not be considered responsible for
one year after the date of the contribution for purposes of awarding
contracts by a state agency or a political subdivision.
Effective: July 1, 2007.
Avery
January 23, 2007, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1551
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-7-1-9; (07)IN1551.1.1. -->
SECTION 1. IC 2-7-1-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. "Lobbying" means either of the
following:
(1) Communicating by any means, or paying others to
communicate by any means, with any legislative official with the
purpose of influencing any legislative action.
(2) The activities of a public advocacy organization to
influence any legislative action.
SOURCE: IC 2-7-1-12.5; (07)IN1551.1.2. -->
SECTION 2. IC 2-7-1-12.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 12.5. "Public advocacy organization" means a person
or an organization that communicates by any means, or pays
others to communicate by any means, to:
(1) inform the general public; or
(2) urge the general public to take an action;
to influence public policy.
SOURCE: IC 2-7-2-4.5; (07)IN1551.1.3. -->
SECTION 3. IC 2-7-2-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4.5. The registration statement of a lobbyist that is a
public advocacy organization must include the following
information:
(1) The full name of the organization.
(2) The organization's business address and telephone
number.
(3) The full name of the individuals who set the policies or
control the operation of the organization.
(4) The subject matter for which the organization advocates.
SOURCE: IC 2-7-3-3; (07)IN1551.1.4. -->
SECTION 4. IC 2-7-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The activity reports of each
lobbyist shall include the following:
(1) A complete and current statement of the information required
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.
(C) Receptions.
(D) Entertainment, including meals. However, a function to
which the entire general assembly is invited is not
lobbying
required to be reported 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) If the lobbyist is a public advocacy organization,
advertising, mass mailings, publications, communications
in the mass media, or other efforts to inform the general
public or to urge the general public to take any action to
influence legislative action. The lobbyist must provide the
following information relating to the lobbyist's expenses
under this clause:
(i) The name of each person that carried the lobbyist's
communications.
(ii) The dates that communications were made.
(iii) The dollar amount spent on the communications
with each person that carried the lobbyist's
communication.
(iv) The total amount spent on communications
described in this clause.
(G) If the lobbyist is a public advocacy organization, the
name and business address of any person that contributed
money or other property to the organization with a value
of at least one thousand dollars ($1,000) during the
reporting period.
(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 his the
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.
(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:
(A) Postage.
(B) Express mail service.
(C) Stationery.
(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.
SOURCE: IC 4-13.6-6-5; (07)IN1551.1.5. -->
SECTION 5. IC 4-13.6-6-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5. (a) As used in this section, "contribution" has the
meaning set forth in IC 3-5-2-15.
(b) A person may not be considered responsible for one (1) year
after the date of the contribution if any of the following apply:
(1) For purposes of a contract awarded by a state agency, the
person makes a contribution to a candidate for governor.
(2) For purposes of a contract awarded by a state agency
whose agency head holds a state office, the person makes a
contribution to a candidate for that state office.
SOURCE: IC 5-22-16-7; (07)IN1551.1.6. -->
SECTION 6. IC 5-22-16-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 7. (a) As used in this section, "contribution" has the
meaning set forth in IC 3-5-2-15.
(b) A person may not be considered responsible for one (1) year
after the date of the contribution if any of the following apply:
(1) For purposes of a contract awarded by a state agency, the
person makes a contribution to a candidate for governor.
(2) For purposes of a contract awarded by a state agency
whose agency head holds a state office, the person makes a
contribution to a candidate for that state office.
(3) For purposes of a contract awarded by a political
subdivision, the person makes a contribution to a candidate
for the executive (as defined in IC 36-1-2-5) of the political
subdivision.
(4) For purposes of a contract awarded by any governmental
body, the person makes a contribution to a candidate for an
office that participates in the decision to award the contract.
SOURCE: IC 36-1-12-22; (07)IN1551.1.7. -->
SECTION 7. IC 36-1-12-22 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 22. (a) As used in this section, "contribution" has the
meaning set forth in IC 3-5-2-15.
(b) A person may not be considered responsible for one (1) year
after the date of the contribution if any of the following apply:
(1) The person makes a contribution to a candidate for the
executive of the political subdivision awarding the contract.
(2) The person makes a contribution to a candidate for an
office that participates in the decision to award the contract.
SOURCE: ; (07)IN1551.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2007]
(a) The definitions in
IC 2-7-1, as amended by this act, apply throughout this SECTION.
(b) The requirement for a public advocacy organization that
engages in lobbying to:
(1) register as a lobbyist under IC 2-7, as amended by this act;
and
(2) report lobbying activities under IC 2-7-3, as amended by
this act;
applies only to lobbying activities that occur after December 31,
2007.
(c) This SECTION expires July 1, 2009.