CHAPTER 5. PROHIBITIONS
IC 2-7-5
Chapter 5. Prohibitions
IC 2-7-5-1 Version a
Legislative officials; compensation
Note: This version of section effective until 11-1-2010. See alsofollowing version of this section, effective 11-1-2010.
Sec. 1. It is unlawful for any legislative official to receivecompensation or reimbursement other than from the state forpersonally engaging in lobbying.
As added by Acts 1981, P.L.9, SEC.1.
IC 2-7-5-1 Version b
Legislative persons; compensation for engaging in lobbying
Note: This version of section effective 11-1-2010. See alsopreceding version of this section, effective until 11-1-2010.
Sec. 1. A legislative person may not receive compensation orreimbursement other than from the state for personally engaging inlobbying.
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.58-2010,SEC.23.
IC 2-7-5-2
Full-time public officials and employees; compensation
Sec. 2. Subject to the provisions of IC 2-7-2-6(a), it is unlawfulfor any full-time public official or public employee in the state ofIndiana, to receive compensation, other than the regularcompensation of elected or appointed officials, for lobbying.
As added by Acts 1981, P.L.9, SEC.1. Amended by Acts 1982, P.L.9,SEC.7.
IC 2-7-5-3
State central committee of political party; compensation
Sec. 3. Subject to the provisions of IC 2-7-2-6(d), it is unlawfulfor any officer or employee of the state central committee of apolitical party to receive compensation, other than for the regularcompensation of such officers and employees, for lobbying.
As added by Acts 1981, P.L.9, SEC.1.
IC 2-7-5-4
Former members of general assembly; presence during legislativesession
Sec. 4. No past member of the general assembly who is a lobbyistmay be on the floor of either house while that house is in session.
As added by Acts 1981, P.L.9, SEC.1.
IC 2-7-5-5
Contingent fees
Sec. 5. It is unlawful for any person to be a lobbyist for acompensation dependent upon the success of his lobbying efforts, or
upon any contingency connected with the administrative action orlegislative action.
As added by Acts 1981, P.L.9, SEC.1.
IC 2-7-5-6
Persons forbidden to register
Sec. 6. The following persons may not be registered as a lobbyistunder this article:
(1) Any individual convicted of a felony for violating any lawwhile the individual was an officer or employee of any agencyof state government or a unit of local government.
(2) Any person convicted of a felony relating to lobbying.
(3) Any person convicted of a felony and who:
(A) is in prison;
(B) is on probation; or
(C) has been in prison or on probation within the immediatepast one (1) year.
(4) Any person whose:
(A) statement or report required to be filed under this articlewas found to be materially incorrect as a result of adetermination under IC 2-7-6-5; and
(B) who has not filed a corrected statement or report for thatyear when requested to do so by the commission.
(5) Any person who has failed to pay a civil penalty assessedunder IC 2-7-6-5.
(6) Any person who is on the most recent tax warrant listsupplied to the commission by the department of state revenueuntil:
(A) the person provides a statement to the commissionindicating that the person's delinquent tax liability has beensatisfied; or
(B) the commission receives a notice from the commissionerof the department of state revenue under IC 6-8.1-8-2(k).
As added by Acts 1981, P.L.9, SEC.1. Amended by P.L.6-1985,SEC.2; P.L.6-1987, SEC.2; P.L.332-1989(ss), SEC.1; P.L.3-1992,SEC.23.
IC 2-7-5-7
After 2011, individual may not be lobbyist or legislative liaison for365 days after date individual ceases to be a member of generalassembly
Effective 1-1-2012.
Sec. 7. (a) An individual who is a member of the general assemblyafter December 31, 2011, may not be:
(1) registered as a lobbyist under this article; or
(2) employed as a legislative liaison;
during the period described in subsection (b).
(b) The period referred to in subsection (a):
(1) begins on the day the individual ceases to be a member ofthe general assembly; and (2) ends three hundred sixty-five (365) days after the date theindividual ceases to be a member of the general assembly.
As added by P.L.58-2010, SEC.24.
IC 2-7-5-7.1
Candidates for general assembly in 2010 and certain members maynot be lobbyists or legislative liaisons before 6-1-2011; expirationof section
Sec. 7.1. (a) This section applies only to an individual who is a:
(1) candidate for nomination for election to the generalassembly in 2010; or
(2) member of the general assembly on November 3, 2010.
(b) An individual described in subsection (a) may not be:
(1) registered as a lobbyist under this article; or
(2) employed as a legislative liaison;
before June 1, 2011.
(c) An individual described in subsection (a) may be registered asa lobbyist after May 31, 2011.
(d) This section expires January 1, 2012.
As added by P.L.58-2010, SEC.25.
IC 2-7-5-8
Lobbyist may not make certain gifts to legislative person withoutconsent of legislative person; exception
Effective 11-1-2010.
Sec. 8. (a) This section does not apply to gifts made between closerelatives.
(b) A lobbyist may not make a gift with a value of fifty dollars($50) or more to a legislative person unless the lobbyist receives theconsent of the legislative person before the gift is made. The lobbyistmust inform the particular legislative person of the cost of the gift atthe time the lobbyist seeks the consent of the legislative person.
As added by P.L.58-2010, SEC.26.
IC 2-7-5-9
Lobbyist may not pay for or reimburse for legislative person'stravel expenses outside Indiana; exceptions
Effective 11-1-2010.
Sec. 9. (a) This section does not apply to the following:
(1) Expenses associated with travel outside Indiana for anypurpose that is paid for by an organization or corporation ofwhich the legislative person or the legislative person's spouseis an officer, member of the board of directors, employee, orindependent contractor.
(2) Travel expenses of a legislative person attending a publicpolicy meeting if:
(A) the legislative person's sole purpose for attending themeeting is to serve as a speaker or other key participant inthe meeting; and
(B) the speaker of the house of representatives or the
president pro tempore of the senate approves the payment ofthe travel expenses in writing.
(b) As used in this section, "travel expenses" includes expensesfor transportation, lodging, meals, registration fees, and otherexpenses associated with travel.
(c) Except as provided in subsection (a), a lobbyist may not payfor or reimburse for travel expenses of a legislative person for traveloutside Indiana for any purpose.
As added by P.L.58-2010, SEC.27.
IC 2-7-5-10
Lobbyist conflict of interest; lobbyist must file with commissionwritten statement for resolution of conflicts; statement must beincluded in contract between lobbyist and client; lobbyist may notrepresent client when there is a conflict of interest; exceptions
Sec. 10. (a) Except as provided in subsection (c), this section doesnot apply to a lobbyist if the lobbyist's activity under this chapter isgoverned by the Rules of Professional Conduct of the Indianasupreme court.
(b) As used in this section, "conflict of interest" means acircumstance where:
(1) the representation of a client will be directly adverse toanother client; or
(2) there is a significant risk that the representation of one (1)or more clients will be materially limited by the lobbyist'sresponsibilities to:
(A) another client; or
(B) a personal interest of the lobbyist.
(c) A lobbyist shall file with the commission a written statementthat describes the procedures that the lobbyist and the lobbyist'sclient will follow if the lobbyist or the client determines at any timethat the lobbyist's representation of the client might involve a conflictof interest. The lobbyist shall file the statement with the commissionat the time the lobbyist files the lobbyist's annual registrationstatement under IC 2-7-2. If the lobbyist's activity under this chapteris governed by the Rules of Professional Conduct of the Indianasupreme court, the lobbyist shall file a statement to that effect withthe commission.
(d) The statement filed under subsection (c) must be included inthe agreement between the lobbyist and the client for the lobbyist'sservices as a lobbyist.
(e) A lobbyist may not represent a client if the representationinvolves a conflict of interest except as is provided in the statementfiled by the lobbyist under subsection (c).
As added by P.L.58-2010, SEC.28.