CHAPTER 3. ACTIVITY REPORTS
IC 2-7-3
Chapter 3. Activity Reports
IC 2-7-3-1
Filing requirement
Sec. 1. Each lobbyist shall file semiannually with the commissionan activity report under oath. He shall file a separate activity reportrelating to each person from whom he receives payment for lobbying.
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.3-1992,SEC.10.
IC 2-7-3-2 Version a
Time of filing; failure to file; penalty; limitation
Note: This version of section effective until 11-1-2010. See alsofollowing version of this section, effective 11-1-2010.
Sec. 2. (a) One (1) activity report shall be filed not later than May31, covering the period from November 1 of the immediatelypreceding calendar year through April 30. The other activity reportshall be filed not later than November 30, covering the period fromMay 1 through October 31. The commission shall provide a copy ofan activity report to a member of the general assembly at the requestof the member.
(b) Subject to subsections (c) and (d), the commission shallimpose a penalty of ten dollars ($10) per day for each day that theperson fails to file any report required by this chapter until the reportis filed.
(c) The penalty shall not exceed one hundred dollars ($100) perreport.
(d) The commission may waive the penalty if the commissiondetermines that the circumstances make imposition of the penaltyinappropriate.
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.3-1992,SEC.11; P.L.9-1993, SEC.11; P.L.162-2003, SEC.1.
IC 2-7-3-2 Version b
Time of filing; failure to file; penalty; limitation
Note: This version of section effective 11-1-2010. See alsopreceding version of this section, effective until 11-1-2010.
Sec. 2. (a) One (1) activity report shall be filed not later than May31, covering the period from November 1 of the immediatelypreceding calendar year through April 30. The other activity reportshall be filed not later than November 30, covering the period fromMay 1 through October 31. The commission shall provide a copy ofan activity report to a member of the general assembly at the requestof the member.
(b) Subject to subsections (c) and (d), the commission shallimpose a penalty of not more than one hundred dollars ($100) perday for each day that the person fails to file any report required bythis 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 the penalty if the commissiondetermines that the circumstances make imposition of the penaltyinappropriate.
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.3-1992,SEC.11; P.L.9-1993, SEC.11; P.L.162-2003, SEC.1; P.L.58-2010,SEC.16.
IC 2-7-3-3 Version a
Contents; requisites
Note: This version of section effective until 11-1-2010. See alsofollowing version of this section, effective 11-1-2010.
Sec. 3. (a) The activity reports of each lobbyist shall include thefollowing:
(1) A complete and current statement of the informationrequired 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 lobbyingservices.
(C) Receptions.
(D) Entertainment, including meals. However, a function towhich the entire general assembly is invited is not lobbyingunder this article.
(E) Gifts made to an employee of the general assembly or amember of the immediate family of an employee of thegeneral assembly.
(3) A statement of expenditures and gifts that equal onehundred dollars ($100) or more in one (1) day, or that togethertotal more than five hundred dollars ($500) during the calendaryear, if the expenditures and gifts are made by the registrant orhis 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 includedin clause (A), (B), or (C).
(4) Whenever a lobbyist makes an expenditure that is for thebenefit of all of the members of the general assembly on a givenoccasion, the total amount expended shall be reported, but thelobbyist shall not prorate the expenditure among each memberof the general assembly.
(5) A list of the general subject matter of each bill or resolutionconcerning which a lobbying effort was made within theregistration period.
(6) The name of the beneficiary of each expenditure or giftmade by the lobbyist or his agent that is required to be reportedunder subdivision (3).
(7) The name of each member of the general assembly from
whom the lobbyist has received an affidavit required underIC 2-2.1-3-3.5.
(b) In the second semiannual report, when total amounts arerequired to be reported, totals shall be stated both for the periodcovered by the statement and for the entire reporting year.
(c) An amount reported under this section is not required toinclude 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 othersupport staff persons who are not lobbyists.
(4) Expenditures for leasing or renting an office.
(5) Expenditures for lodging, meals, and other personalexpenses of the lobbyist.
As added by Acts 1981, P.L.9, SEC.1. Amended by Acts 1982, P.L.9,SEC.5; P.L.3-1992, SEC.12; P.L.9-1993, SEC.12.
IC 2-7-3-3 Version b
Activity report contents; reporting thresholds; excluded items
Note: This version of section effective 11-1-2010. See alsopreceding version of this section, effective until 11-1-2010.
Sec. 3. (a) The activity reports of each lobbyist shall include thefollowing information:
(1) A complete and current statement of the informationrequired 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 lobbyingservices.
(C) Receptions.
(D) Entertainment, including meals.
(E) Gifts made to a legislative person.
(3) Subject to section 3.5 of this chapter, a statement of each:
(A) expenditure for entertainment (including meals anddrink); or
(B) gift;
that equals fifty dollars ($50) or more in one (1) day, orexpenditures for entertainment (including meals and drink) orgifts that together total more than two hundred fifty dollars($250) during the calendar year, if the expenditures and gifts aremade by the lobbyist or the lobbyist's agent to benefit a specificlegislative person.
(4) A list of the general subject matter of each bill or resolutionconcerning which a lobbying effort was made within the
registration period.
(5) The name of each member of the general assembly fromwhom the lobbyist has received an affidavit required underIC 2-2.1-3-3.5.
(b) In the second semiannual report, when total amounts arerequired to be reported, totals shall be stated both for the periodcovered by the statement and for the entire reporting year.
(c) An amount reported under this section is not required toinclude 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 othersupport staff persons who are not lobbyists.
(4) Expenditures for leasing or renting an office.
(5) Expenditures for lodging, meals, and other personalexpenses of the lobbyist.
(d) A report of an expenditure under subsection (a)(3) must statethe following information:
(1) The name of the lobbyist making the expenditure.
(2) A description of the expenditure.
(3) The amount of the expenditure.
As added by Acts 1981, P.L.9, SEC.1. Amended by Acts 1982, P.L.9,SEC.5; P.L.3-1992, SEC.12; P.L.9-1993, SEC.12; P.L.58-2010,SEC.17.
IC 2-7-3-3.3
Reporting gifts to legislative persons; report filing; contents; filingdeadlines; report temporarily confidential; compiled reportsprovided to members and candidates
Effective 11-1-2010.
Sec. 3.3. (a) This section does not apply to gifts made betweenclose relatives.
(b) A lobbyist shall file a written report whenever the lobbyistmakes a gift with respect to a legislative person that is required to beincluded 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 sectionwith all the following:
(1) The commission.
(2) The legislative person to whom the report is made.
(3) The principal clerk of the house of representatives, if thelegislative person is a member of, or a candidate for election to,
the house of representatives.
(4) The secretary of the senate, if the legislative person is amember of, or candidate for election to, the senate.
(e) A lobbyist shall file a report required by this section not laterthan fifteen (15) business days after making the gift. A report filedunder this section is confidential and is not available for publicinspection or copying until ten (10) business days after the report isfiled with the commission.
(f) Not later than January 7 each year, the commission shallprovide to each member and candidate a written compilation of allreports filed under subsection (d) relating to that member orcandidate. The compilation must provide the following informationto 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.
As added by P.L.58-2010, SEC.18.
IC 2-7-3-3.5
Rules for reporting expenditures and gifts
Effective 11-1-2010.
Sec. 3.5. (a) If an expenditure for entertainment (including mealsand drink) or a gift can clearly and reasonably be attributed to aparticular legislative person, the expenditure must be reported withrespect to that particular legislative person.
(b) A report of an expenditure with respect to a particularlegislative person:
(1) must report actual amounts; and
(2) may not allocate to the particular legislative person aprorated amount derived from an expense made with respect toseveral legislative persons;
to the extent practicable.
(c) An activity report must report expenditures for a function oractivity to which all the members of a legislative body are invited.Expenditures reported for a function or activity described in thissubsection may not be allocated and reported with respect to aparticular legislative person.
(d) If two (2) or more lobbyists contribute to an expenditure, eachlobbyist shall report the actual amount the lobbyist contributed to theexpenditure. For purposes of reporting such an expenditure, thefollowing apply:
(1) For purposes of determining whether the expenditure isreportable, the total amount of the expenditure with respect toa particular legislative person must be determined and not theamount that each lobbyist contributed to that expenditure.
(2) Each lobbyist shall report the actual amount the lobbyistcontributed to the expenditure, even if that amount would nothave been reportable under this section if only one (1) lobbyistmade an expenditure of that amount. (e) The report of an expenditure with respect to a particularlegislative person may not include any amount that the particularlegislative person contributed to the expenditure.
(f) An activity report may not report expenditures or gifts relatingto property or services received by a legislative person if thelegislative person paid for the property or services the amount thatwould be charged to any purchaser of the property or services in theordinary course of business.
(g) An activity report may not report expenditures or gifts madebetween close relatives unless the expenditure or gift is made inconnection with a legislative action.
(h) An activity report may not report expenditures or gifts relatingto the performance of a legislative person's official duties, includingthe legislative person's service as a member of any of the following:
(1) The legislative council.
(2) The budget committee.
(3) A standing or other committee established by the rules ofthe house of representatives or the senate.
(4) A study committee established by statute or by thelegislative council.
(5) A statutory board or commission.
(i) An activity report may not report a contribution (as defined inIC 3-5-2-15).
As added by P.L.58-2010, SEC.19.
IC 2-7-3-4
Substantiation; preservation of documents; inspection
Sec. 4. Each lobbyist shall obtain and preserve all documentsnecessary to substantiate the activity reports required under thischapter for four (4) years from the date of filing of the reportcontaining these items. The lobbyist shall make these materialsavailable for inspection upon request by the commission.
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.3-1992,SEC.13.
IC 2-7-3-5
Termination report; contents
Sec. 5. Every person who files a notice of termination as providedin IC 2-7-2-5 must file a termination report covering the semiannualreporting period or portion thereof immediately preceding thetermination of his registration statement; such report shall contain theinformation required by section 3 of this chapter.
As added by Acts 1981, P.L.9, SEC.1.
IC 2-7-3-6 Version a
Report of gifts or purchases from lobbyist; contents; time of filing
Note: This version of section effective until 11-1-2010. See alsofollowing repeal of this section, effective 11-1-2010.
Sec. 6. (a) A lobbyist shall file a written report with respect to amember of the general assembly whenever either of the following
occurs:
(1) The lobbyist has made a purchase described inIC 2-2.1-3-2(a)(7) with respect to that member. This subdivisiondoes not apply to purchases made by a lobbyist from alegislator's retail business made in the ordinary course ofbusiness at prices that are available to the general public. Forpurposes of this subdivision, a legislator's business isconsidered a retail business if the business is a retail merchantas defined in IC 6-2.5-1-8.
(2) The lobbyist has made a gift described in IC 2-2.1-3-2(a)(8)to that member.
(b) A report required by subsection (a) must state the following:
(1) The name of the lobbyist.
(2) Whether the report covers a purchase described inIC 2-2.1-3-2(a)(7) or a gift described in IC 2-2.1-3-2(a)(8).
(c) A lobbyist shall file a copy of a report required by this sectionwith all the following:
(1) The commission.
(2) The member of the general assembly with respect to whomthe report is made.
(3) The principal clerk of the house of representatives, if thelegislator is a member of the Indiana house of representatives.
(4) The secretary of the senate, if the legislator is a member ofthe Indiana senate.
(d) A lobbyist shall file a report required by subsection (a) notlater than seven (7) days after making the purchase or giving the gift.
(e) Not later than January 7, the commission shall provide to eachmember of the general assembly a written compilation of all reportsfiled under subsection (c) relating to that member. The compilationmust satisfy the following:
(1) For each member the compilation must list the following forthe immediately preceding calendar year:
(A) Each purchase described in IC 2-2.1-3-2(a)(7).
(B) Each gift described in IC 2-2.1-3-2(a)(8) itemized asfollows:
(i) Any gift of cash from the lobbyist.
(ii) Any single gift from the lobbyist other than cashhaving a fair market value that exceeds one hundreddollars ($100).
(iii) Any gifts from the lobbyist other than cash having afair market value in the aggregate that exceeds twohundred fifty dollars ($250).
(2) For each purchase or gift, the compilation must identify thename of the lobbyist making the purchase or giving the gift.
As added by P.L.9-1993, SEC.13. Amended by P.L.2-1997, SEC.1;P.L.205-1999, SEC.7; P.L.162-2003, SEC.2; P.L.86-2004, SEC.1.
IC 2-7-3-6 Version b
Repealed
(Repealed by P.L.58-2010, SEC.35.) Note: This repeal of section effective 11-1-2010. See alsopreceding version of this section, effective until 11-1-2010.
IC 2-7-3-7
Report of purchases by lobbyist from member or candidate;contents; filing deadlines; report temporarily confidential;compiled reports provided to members and candidates
Effective 11-1-2010.
Sec. 7. (a) This section does not apply to a purchase by a lobbyistfrom a member's or candidate's business made in the ordinary courseof business at prices that are available to the general public.
(b) As used in this section, "purchase" refers to a purchase ofgoods or services for which the lobbyist paid more than one hundreddollars ($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 themanner of the family business's legal organization.
(c) A lobbyist shall file a written report with respect to a memberor 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 sectionwith all the following:
(1) The commission.
(2) The member or candidate with respect to whom the reportis made.
(3) The principal clerk of the house of representatives, if themember or candidate is a member of, or a candidate for electionto, the house of representatives.
(4) The secretary of the senate, if the member or candidate is amember of, or candidate for election to, the senate.
(f) A lobbyist shall file a report required by this section not laterthan fifteen (15) business days after making the purchase. A reportfiled under this section is confidential and is not available for publicinspection or copying until ten (10) business days after the report isfiled with the commission.
(g) Not later than January 7 each year, the commission shallprovide to each member and candidate a written compilation of allreports filed under subsection (e) relating to that member orcandidate. The compilation must provide the following informationto the member or candidate for each purchase:
(1) A description of the purchase.
(2) The amount of the purchase.
(3) The name of the lobbyist making the purchase.
As added by P.L.58-2010, SEC.20.