2015 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 7. LOBBYISTS CHAPTER 5. PROHIBITIONS
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IC 2-7-5
Chapter 5. Prohibitions
IC 2-7-5-1
Legislative persons; compensation for engaging in lobbying
Sec. 1. A legislative person may not receive compensation or
reimbursement other than from the state for personally engaging in
lobbying.
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 unlawful for
any full-time public official or public employee in the state of
Indiana, to receive compensation, other than the regular
compensation 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 unlawful
for any officer or employee of the state central committee of a
political party to receive compensation, other than for the regular
compensation 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 legislative
session
Sec. 4. No past member of the general assembly who is a lobbyist
may 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 a
compensation dependent upon the success of his lobbying efforts, or
upon any contingency connected with the administrative action or
legislative 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 lobbyist
under this article:
(1) Any individual convicted of a felony for violating any law
while the individual was an officer or employee of any agency
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of 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 immediate
past one (1) year.
(4) Any person whose:
(A) statement or report required to be filed under this article
was found to be materially incorrect as a result of a
determination under IC 2-7-6-5; and
(B) who has not filed a corrected statement or report for that
year when requested to do so by the commission.
(5) Any person who has failed to pay a civil penalty assessed
under IC 2-7-6-5.
(6) Any person who is on the most recent tax warrant list
supplied to the commission by the department of state revenue
until:
(A) the person provides a statement to the commission
indicating that the person's tax warrant has been satisfied; or
(B) the commission receives a notice from the commissioner
of 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; P.L.172-2011, SEC.2.
IC 2-7-5-7
After 2011, individual may not be lobbyist or legislative liaison for
365 days after date individual ceases to be a member of general
assembly
Sec. 7. (a) An individual who is a member of the general assembly
after 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 of
the general assembly; and
(2) ends three hundred sixty-five (365) days after the date the
individual ceases to be a member of the general assembly.
As added by P.L.58-2010, SEC.24.
IC 2-7-5-7.1
Expired
(As added by P.L.58-2010, SEC.25. Expired 1-1-2012 by
P.L.58-2010, SEC.25.)
IC 2-7-5-8
Lobbyist may not make certain gifts to legislative person without
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consent of legislative person; exception
Sec. 8. (a) This section does not apply to gifts made between
relatives.
(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 the
consent of the legislative person before the gift is made. The lobbyist
must inform the particular legislative person of the cost of the gift at
the time the lobbyist seeks the consent of the legislative person.
As added by P.L.58-2010, SEC.26. Amended by P.L.123-2015,
SEC.16.
IC 2-7-5-9
Lobbyist may not pay for or reimburse for legislative person's
travel expenses outside Indiana; exceptions
Sec. 9. (a) This section does not apply to the following:
(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.
As added by P.L.58-2010, SEC.27. Amended by P.L.229-2011,
SEC.41; P.L.165-2013, SEC.12.
IC 2-7-5-10
Lobbyist conflict of interest; lobbyist must file with commission
written statement for resolution of conflicts; statement must be
included in contract between lobbyist and client; lobbyist may not
represent client when there is a conflict of interest; exceptions
Sec. 10. (a) Except as provided in subsection (c), this section does
not apply to a lobbyist if the lobbyist's activity under this chapter is
governed by the Rules of Professional Conduct of the Indiana
supreme court.
(b) As used in this section, "conflict of interest" means a
circumstance where:
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(1) the representation of a client will be directly adverse to
another client; or
(2) there is a significant risk that the representation of one (1) or
more clients will be materially limited by the lobbyist's
responsibilities to:
(A) another client; or
(B) a personal interest of the lobbyist.
(c) A lobbyist shall file with the commission a written statement
that describes the procedures that the lobbyist and the lobbyist's client
will follow if the lobbyist or the client determines at any time that the
lobbyist's representation of the client might involve a conflict of
interest. The lobbyist shall file the statement with the commission at
the time the lobbyist files the lobbyist's annual registration statement
under IC 2-7-2. If the lobbyist's activity under this chapter is
governed by the Rules of Professional Conduct of the Indiana
supreme court, the lobbyist shall file a statement to that effect with
the commission.
(d) The statement filed under subsection (c) must be included in
the agreement between the lobbyist and the client for the lobbyist's
services as a lobbyist.
(e) A lobbyist may not represent a client if the representation
involves a conflict of interest except as is provided in the statement
filed by the lobbyist under subsection (c).
As added by P.L.58-2010, SEC.28.
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