Legislative Persons Definition Changes in Indiana Lobby Registration Commission
The Indiana Lobby Registration Commission has updated its definition of legislative persons and close relatives for tracking and reporting expenses by lobbyists. The changes distinguish between immediate family and close relatives, expanding the scope to include more family members. Amendments in 2015 replaced the term "immediate family" with "close relative," impacting who qualifies as legislative persons under IC 2-7-1-8. The revised definitions now cover spouses, children, dependent children, parents, natural and adopted family members, in-laws, and step-family members. These alterations ensure a more inclusive approach towards tracking and reporting expenses associated with lobbying activities within the General Assembly.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Charles W. Harris, JD Executive Director & General Counsel Indiana Lobby Registration Commission
The new definition of close relative more limited. It includes an individual s spouse, parents and children. It also treats a relative by adoption, half-blood, marriage, or remarriage as a relative of whole kinship. The new definition is used in place of the former definition of immediate family when determining which relatives of a member or employee of the General Assembly or a candidate for election to the Assembly are to be considered legislative persons close relative is much legislative persons under IC 2-7-1-8.
"Family business which an individual and the individual's spouse own at least eighty percent (80%) of the business, either of the voting stock or other measure of ownership of that type of business entity, regardless of whether all or a portion is owned jointly or severally. The term is applicable when determining whether a lobbyist is required to file a purchase report Family business" means a business entity in purchase report under IC 2-7-3-7.
The definition of immediate family included and individual s spouse and dependent children. The term previously was used in IC 2-7-1-8 when determining which relatives of a member or employee of the General Assembly or of a candidate for election to the Assembly are to be considered legislative persons. The term immediate family has been replaced by the term close relative IC 2-7-1-8. close relative in
The 2015 amendments replace the term immediate family with the term close relative person members of, employees of, and candidates for election to the General Assembly are now considered legislative persons for whom lobbyists must track and report expenses. The table that follows illustrates those family members included in the definition before and after the 2015 amendments. close relative in the definition of legislative person. As a result, more relatives of legislative
Relationship Relationship Included Before 2015 Amendments Yes Dependent Only Included Before 2015 Amendments Included After 2015 Amendments Yes Each Natural Child Each Adopted Child Each Step-Child Each Son-in-law Each Daughter-in-law Included After 2015 Amendments Spouse Children Dependent Children Parents No Natural Father Natural Mother Adoptive Father Adoptive Mother Father-in-law Mother-in-law Step-Father Step-Mother
The term relative spouse, parents, children, siblings, aunts and uncles, nieces and nephews, grandparents, grandchildren, great grandparents, and great grandchildren as well as such a relative of the individual s spouse. A relative by adoption, half- blood, marriage, or remarriage is to be considered as a relative of whole kinship. In IC 2-7-2-3 and IC 2-7-2-4 a lobbyists is required to list the name of a member of the General Assembly who is a relative of the lobbyist on the lobbyist s registration statement. relative includes an individual s
In IC 2-7-3-3.3, IC 2-7-3-3.5, IC 2-7-3-7, and IC 2-7-5-8, the new definition of relative is used to determine whether certain transactions between relatives are reportable or whether a legislative person s informed prior consent is required for a gift from a lobbyist who is a relative of the legislative person.
The amendments remove the former requirement that a compensated lobbyist list the phone number and address of any temporary quarters in Marion County. A compensated lobbyist is now required to list on the lobbyist s registration statement the name of any member of the General Assembly who is a relative relative of the lobbyist.
An employer lobbyist is now required to list on the lobbyist s registration statement the name of any member of the General Assembly who is a relative relative of the lobbyist.
The amendment provides that a lobbyist is not required to include charges for electronic communications in the lobbyist s activity report.
A separate gift report is required if the value of a gift that a lobbyist makes to a legislative person is $50 or more. The report is to be filed not later than 15 business days after the gift is made. The amendments impose a late fee of $100 per day not to exceed $4,500 for a late gift report. A lobbyist can appeal the late fee but must do so at the same time that the late gift report is filed. The amendments also provide that such a report is not required for a gift between relatives relatives .
The amendments provide that a lobbyists activity report is not to include expenditures or gifts between relatives relatives .
Subject to a significant exception, a lobbyist is required to file a purchase report if the lobbyist pays more than $100 to purchase goods or services from a member of the General Assembly, a candidate for election to the General Assembly, or such a member s or candidate s sole proprietorship or family business The reporting requirement does not apply if the lobbyist pays the same price for the goods or services that the general public would pay in the ordinary course of business. The amendments impose a late fee of $100 per day not to exceed $4,500 for a late purchase report. A lobbyist can appeal the late fee but must do so at the same time that the late purchase report is filed. family business .
Each state college or university is required to file an annual report of the type of entertainment and gift expenses that a registered lobbyist must report in Section E of the lobbyist s activity report, i.e. expenditures of $50 or more in one day or more than $250 in a reporting year that benefit a specific legislative person. The report is due each November 30thand is to cover the preceding November 1 through October 31 reporting year.
The annual report from a state college or university is to include expenditures made by: the college or university; an affiliated entity of the college or university, i.e. an institutionally related foundation; or an employee of the college, university or affiliated entity who is reimbursed for the expenditure.
The first reports are due November 30, 2015 and are to cover November 1, 2014 through October 31, 2015. A late fee of $100 per day not to exceed $4,500 is imposed for an annual report that is filed after the November 30th due date. A state college or university can appeal the late fee but must do so at the same time that the late report is filed.
This section requires a lobbyist to secure a legislative person s informed prior consent before making a gift valued at $50 or more to the legislative person. The amendments provided that the informed prior consent requirement does not apply to gifts made between relatives relatives.
The amendments to this section provide that a lobbyist will not be subject to criminal sanctions for failure to file a required statement or report if the lobbyist files a late statement or report not more than 10 days after receiving a written notice of failure to file from the Commission. The amendments also provide that the Commission is required to send such a notice of failure to file by certified mail, return receipt requested.
