Bill Text: IN HB1222 | 2013 | Regular Session | Enrolled
Bill Title: Lobbyists and legislative liaisons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-05-13 - Public Law 165 [HB1222 Detail]
Download: Indiana-2013-HB1222-Enrolled.html
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AN ACT to amend the Indiana Code concerning the general assembly.
(1) A member.
(2) A candidate.
(3) An officer of the general assembly.
(4) An employee of the
(5) A member of the immediate family of anyone described in subdivision (1), (2), (3), or (4). A lobbyist who is a close relative of a legislative person is not considered a legislative person.
(6) A paid consultant of the general assembly.
(7) An official of an agency of the
(1) engages in lobbying; and
(2) in any registration year, receives or expends an aggregate of at least five hundred dollars ($500) in compensation or expenditures reportable under this article for lobbying, whether
the compensation or expenditure is solely for lobbying or the
lobbying is incidental to that individual's regular employment.
(b) The following are not considered lobbyists:
(1) A public employee or public official.
(2) The National Conference of State Legislatures.
(3) The National Conference of Insurance Legislators.
(4) The American Legislative Exchange Council.
(5) Women in Government.
(6) The Council of State Governments.
(7) The National Black Caucus of State Legislators.
(8) Any other national organization established for the education
and support of legislative leadership, legislators, legislative staff,
or related government employees.
(c) The annual registration fee imposed under IC 2-7-2-1 is not
to be considered for purposes of determining whether a person is
a lobbyist as defined in subsection (a).
(b) Except as provided in subsection (c), the registration fee is
(c) The registration fee of a lobbyist that satisfies either of the following is
(1) The lobbyist is a nonprofit organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
(2) The lobbyist:
(A) is an employee of a lobbyist described in subdivision (1); and
(B) performs lobbying services for the employer as part of the lobbyist's salaried responsibilities.
(b) A lobbyist must file a request for an exception under subsection (a) not later than sixty (60) days before the start of the
reporting year for which the request is filed using the form
prescribed by the commission.
(c) The commission may approve a request for an exception
under subsection (a) if the commission finds that the electronic
filing requirement poses a hardship for the lobbyist.
(d) If the commission grants an exception, the lobbyist must pay
the commission an additional filing fee. The amount of the
additional fee equals the amount that the lobbyist would have been
required to pay the state's third party vendor to file registration
statements and activity reports electronically for that reporting
year.
(e) An exception granted under this section is valid only for the
reporting year for which it is granted. An exception granted under
this section is void if the additional fee is not paid in full within
thirty (30) days after the exception is granted.
(b) Subject to subsections (c) and (d), the commission shall impose a late registration fee of not more than one hundred dollars ($100) per day for each day after the deadline until the statement is filed.
(c) The late registration fee shall not exceed four thousand five hundred dollars ($4,500).
(d) The commission may waive all or part of the late registration fee if the commission determines that the circumstances make imposition of the fee inappropriate.
(b) Except as otherwise provided in IC 2-7-2-1.5, a lobbyist shall use the commission's online system to file the lobbyist's semiannual
activity reports electronically.
(b) Subject to subsections (c) and (d), the commission shall impose a penalty of not more than one hundred dollars ($100) per day for each day that the person fails to file any report required by this chapter until the report is filed.
(c) The penalty shall not exceed four thousand five hundred dollars ($4,500) per report.
(d) The commission may waive all or part of the penalty if the commission determines that the circumstances make imposition of the penalty inappropriate.
(b) A lobbyist shall file a written report whenever the lobbyist makes a gift with respect to a legislative person that is required to be included in a report under section 3(a)(3) of this chapter.
(c) A report under this section must state the following:
(1) The name of the lobbyist making the gift.
(2) A description of the gift.
(3) The amount of the gift.
(d) A lobbyist shall file a copy of a report required by this section with
(e) A lobbyist shall file a report required by this section not later than fifteen (15) business days after making the gift. A report filed
under this section is confidential and is not available for public
inspection or copying until ten (10) business days after the report is
filed with the commission.
(f) Not later than January 7 each year, the commission shall provide
to each member and candidate a written compilation of all reports filed
under subsection (d) relating to that member or candidate. The
compilation must provide the following information to the member or
candidate for each gift reported under subsection (d):
(1) A description of the gift.
(2) The amount of the gift.
(3) The name of the lobbyist making the gift.
(f) After the expiration of the confidentiality period prescribed
in subsection (e), the commission shall provide a copy of a gift
report to the following:
(1) The principal clerk of the house of representatives, if the
legislative person is a member of, or a candidate for election
to, the house of representatives.
(2) The secretary of the senate, if the legislative person is a
member of, or candidate for election to, the senate.
(b) As used in this section, "purchase" refers to a purchase of goods or services for which the lobbyist paid more than one hundred dollars ($100) from any of the following:
(1) A member or candidate.
(2) A member's or candidate's sole proprietorship.
(3) A member's or candidate's family business, regardless of the manner of the family business's legal organization.
(c) A lobbyist shall file a written report with respect to a member or candidate whenever the lobbyist makes a purchase.
(d) A report required by this section must state the following:
(1) The name of the lobbyist making the purchase.
(2) A description of the purchase.
(3) The amount of the purchase.
(e) A lobbyist shall file a copy of a report required by this section with
(f) A lobbyist shall file a report required by this section not later than fifteen (15) business days after making the purchase. A report filed under this section is confidential and is not available for public inspection or copying until ten (10) business days after the report is filed with the commission.
(g) After the expiration of the confidentiality period prescribed in subsection (f), the commission shall provide a copy of a purchase report filed under this section to the following:
(1) The principal clerk of the house of representatives, if the member or candidate is a member of, or a candidate for election to, the house of representatives.
(2) The secretary of the senate, if the member or candidate is a member of, or candidate for election to, the senate.
(1) Reports, statements, other documents required to be filed under this article.
(2) Manuals, indices, summaries, and other documents the commission is required to compile, publish, or maintain under this article.
(b) The commission shall make copies of all reports required to be made by the employers of legislative liaisons under IC 5-14-7 available on the Internet.
with the commission under this chapter article by requiring the
lobbyist to produce verifying documents. The statements and reports
inspected and audited shall be selected at random by a computer
random number generator. Nothing in this chapter article shall be
construed as prohibiting the commission from inspecting and auditing
any statement or report if the commission has reason to believe that a
violation of this chapter article may have occurred.
(b) Verifying documents under this section while in the possession
of the commission are confidential.
(1) Expenses associated with travel outside Indiana for any purpose that is paid for by an organization or corporation of which the legislative person or the legislative person's spouse is an officer, member of the board of directors, employee, or independent contractor.
(2) Travel expenses of a legislative person attending a public policy meeting if:
(A) the legislative person's sole purpose for attending the meeting is to serve as a speaker or other key participant in the meeting; and
(B) the speaker of the house of representatives or the president pro tempore of the senate approves the payment of the travel expenses in writing.
(b) As used in this section, "travel expenses" includes expenses for transportation, lodging, registration fees, and other expenses associated with travel. However, for purposes of this section, the term does not include expenditures for meals.
(c) Except as provided in subsection (a), a lobbyist may not pay for or reimburse for travel expenses of a legislative person for travel outside Indiana for any purpose.
(1) total per legislative person:
(A) fifty dollars ($50) or more in one (1) day; or
(B) together more than two hundred fifty dollars ($250) during
the calendar reporting year; and
(2) would be reportable to the lobby registration commission by
a registered lobbyist under IC 2-7.
(b) A report under this section may not include the following:
(1) Items provided under a statute or from an agency for
redistribution to constituents.
(2) Items provided during the performance of official duties by a
legislative person, including the legislative person's service as a
member of, or participant in, any of the following:
(A) The legislative council.
(B) The budget committee.
(C) A standing or other committee established by the rules of
the house of representatives or the senate.
(D) A study committee established by statute or by the
legislative council.
(E) A statutory board or commission.
(3) A scholarship, student employment, or other financial aid
granted to a legislative person for attendance at a state
educational institution.
(4) Expenditures relating to an economic development effort,
function, or event by an agency, including those hosted by the
Indiana economic development corporation.
(b) Lobbyist registration statements originally issued for calendar year 2013 under IC 2-7-2, before its amendment by this act, expire November 1, 2013.
(c) Not later than October 1, 2013, the commission shall provide that paper registration forms that comply with IC 2-7-2, as amended by this act, have been approved and are available to lobbyists.
(d) Not later than October 1, 2013, the commission shall provide that its online system has been updated for the registration year that begins November 1, 2013, so that:
(1) lobbyists who have completed the process to use that system to file registration statements may do so; and
(2) all lobbyists have the ability to download the registration forms.
(e) For the reporting year that begins November 1, 2013, the commission, notwithstanding IC 2-7-2-1.5, as added by this act, may grant a blanket exception to the electronic filing requirements
for registration statements and activity reports. If the commission
grants a blanket exception for that reporting year, a lobbyist is not
required to pay the additional fee prescribed in IC 2-7-2-1.5, as
added by this act.
(f) This SECTION expires July 1, 2015.
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