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
expenditures. 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, 2007.
January 11, 2007, read first time and referred to Committee on Local Government and
Elections.
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
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.
(C) Receptions.
(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 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.
(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:
(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.