CHAPTER 3. ACTIVITY REPORTS - Indiana Statutes

IC 2-7-3
     Chapter 3. Activity Reports

IC 2-7-3-1
Filing requirement
     Sec. 1. Each lobbyist shall file semiannually with the commission an activity report under oath. He shall file a separate activity report relating 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 also following version of this section, effective 11-1-2010.
    Sec. 2. (a) One (1) activity report shall be filed not later than May 31, covering the period from November 1 of the immediately preceding calendar year through April 30. The other activity report shall be filed not later than November 30, covering the period from May 1 through October 31. The commission shall provide a copy of an activity report to a member of the general assembly at the request of the member.
    (b) Subject to subsections (c) and (d), the commission shall impose a penalty of ten dollars ($10) 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 one hundred dollars ($100) per report.
    (d) The commission may waive the penalty if the commission determines that the circumstances make imposition of the penalty inappropriate.
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 also preceding version of this section, effective until 11-1-2010.
    Sec. 2. (a) One (1) activity report shall be filed not later than May 31, covering the period from November 1 of the immediately preceding calendar year through April 30. The other activity report shall be filed not later than November 30, covering the period from May 1 through October 31. The commission shall provide a copy of an activity report to a member of the general assembly at the request of the member.
    (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 the penalty if the commission determines that the circumstances make imposition of the penalty inappropriate.
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 also following version of this section, effective 11-1-2010.
    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 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.
        (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 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 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.
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 also preceding version of this section, effective until 11-1-2010.
    Sec. 3. (a) The activity reports of each lobbyist shall include the following information:
        (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.
            (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 and drink); or
            (B) gift;
        that equals fifty dollars ($50) or more in one (1) day, or expenditures for entertainment (including meals and drink) or gifts that together total more than two hundred fifty dollars ($250) during the calendar year, if the expenditures and gifts are made by the lobbyist or the lobbyist's agent to benefit a specific legislative person.
        (4) A list of the general subject matter of each bill or resolution concerning which a lobbying effort was made within the

registration period.
        (5) 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.
    (d) A report of an expenditure under subsection (a)(3) must state the 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; filing deadlines; report temporarily confidential; compiled reports provided to members and candidates

Effective 11-1-2010.

     Sec. 3.3. (a) This section does not apply to gifts made between close relatives.
    (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 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 the legislative 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 a member of, or candidate for election to, the senate.
    (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.
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 meals and drink) or a gift can clearly and reasonably be attributed to a particular legislative person, the expenditure must be reported with respect to that particular legislative person.
    (b) A report of an expenditure with respect to a particular legislative person:
        (1) must report actual amounts; and
        (2) may not allocate to the particular legislative person a prorated amount derived from an expense made with respect to several legislative persons;
to the extent practicable.
    (c) An activity report must report expenditures for a function or activity to which all the members of a legislative body are invited. Expenditures reported for a function or activity described in this subsection may not be allocated and reported with respect to a particular legislative person.
    (d) If two (2) or more lobbyists contribute to an expenditure, each lobbyist shall report the actual amount the lobbyist contributed to the expenditure. For purposes of reporting such an expenditure, the following apply:
        (1) For purposes of determining whether the expenditure is reportable, the total amount of the expenditure with respect to a particular legislative person must be determined and not the amount that each lobbyist contributed to that expenditure.
        (2) Each lobbyist shall report the actual amount the lobbyist contributed to the expenditure, even if that amount would not have been reportable under this section if only one (1) lobbyist made an expenditure of that amount.     (e) The report of an expenditure with respect to a particular legislative person may not include any amount that the particular legislative person contributed to the expenditure.
    (f) An activity report may not report expenditures or gifts relating to property or services received by a legislative person if the legislative person paid for the property or services the amount that would be charged to any purchaser of the property or services in the ordinary course of business.
    (g) An activity report may not report expenditures or gifts made between close relatives unless the expenditure or gift is made in connection with a legislative action.
    (h) An activity report may not report expenditures or gifts relating to the performance of a legislative person's official duties, including the 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 of the house of representatives or the senate.
        (4) A study committee established by statute or by the legislative council.
        (5) A statutory board or commission.
    (i) An activity report may not report a contribution (as defined in IC 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 documents necessary to substantiate the activity reports required under this chapter for four (4) years from the date of filing of the report containing these items. The lobbyist shall make these materials available 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 provided in IC 2-7-2-5 must file a termination report covering the semiannual reporting period or portion thereof immediately preceding the termination of his registration statement; such report shall contain the information 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 also following repeal of this section, effective 11-1-2010.
    Sec. 6. (a) A lobbyist shall file a written report with respect to a member of the general assembly whenever either of the following

occurs:
        (1) The lobbyist has made a purchase described in IC 2-2.1-3-2(a)(7) with respect to that member. This subdivision does not apply to purchases made by a lobbyist from a legislator's retail business made in the ordinary course of business at prices that are available to the general public. For purposes of this subdivision, a legislator's business is considered a retail business if the business is a retail merchant as 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 in IC 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 section with all the following:
        (1) The commission.
        (2) The member of the general assembly with respect to whom the report is made.
        (3) The principal clerk of the house of representatives, if the legislator is a member of the Indiana house of representatives.
        (4) The secretary of the senate, if the legislator is a member of the Indiana senate.
    (d) A lobbyist shall file a report required by subsection (a) not later than seven (7) days after making the purchase or giving the gift.
    (e) Not later than January 7, the commission shall provide to each member of the general assembly a written compilation of all reports filed under subsection (c) relating to that member. The compilation must satisfy the following:
        (1) For each member the compilation must list the following for the 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 as follows:
                (i) Any gift of cash from the lobbyist.
                (ii) Any single gift from the lobbyist other than cash having a fair market value that exceeds one hundred dollars ($100).
                (iii) Any gifts from the lobbyist other than cash having a fair market value in the aggregate that exceeds two hundred fifty dollars ($250).
        (2) For each purchase or gift, the compilation must identify the name 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 also preceding 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 lobbyist from a member's or candidate's business made in the ordinary course of business at prices that are available to the general public.
    (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 all the following:
        (1) The commission.
        (2) The member or candidate with respect to whom the report is made.
        (3) 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.
        (4) The secretary of the senate, if the member or candidate is a member of, or candidate for election to, the senate.
    (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) 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 (e) relating to that member or candidate. The compilation must provide the following information to 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.