LOBBYISTS

Indianapolis-Marion County Revised Code tit. IV, ch. 909

in effect

Indianapolis-Marion County Revised Code § 909-101 Definitions.

Sec. 909-101. - Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section. Advisory body means an authority, board, commission, committee, task force, or other body designated by any name of the city or county government that is authorized to make only nonbinding recommendations. Agency means an authority, board, branch, bureau, commission, committee council, department, division, office, service, or other instrumentality of city or county government that is established by statute, ordinance, executive order, or other law. The term agency includes the city-county council, office of the mayor, and the county offices of assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, and treasurer. The term does not include state offices with county jurisdiction, which are the office of county prosecutor and the judges of the circuit court or superior courts. Agency action means a decision of an agency regarding any of the following: (1) The drafting, filing, introduction, consideration, modification, enactment, or defeat of any proposal or other matter by the city-county council or by any committee thereof, or by a member or employee of the council acting in his or her official capacity; (2) The expenditure of city or county funds with respect to the award of a contract or lease, or any other financial arrangement under which such funds are distributed or allocated; or (3) The proposal, drafting, development, consideration, promulgation, amendment, rejection, or repeal of a rule, regulation, or policy by any agency. Appointee means a person, other than an official or employee, who is elected or appointed to an agency or advisory body. Communication means the exchange of any thoughts, messages, or information by contact in person, telephone, letter, telegraph, facsimile, electronic mail, text messaging, or any other form of transmission of information. Employer means a person that principally employs a lobbyist. The term does not include a person that only retains or contracts with a lobbyist as an independent contractor and does not directly employ that lobbyist. Employee means an individual, other than an official or appointee, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. The term includes an individual who contracts with an agency for personal services. Engage or engagement means any arrangement whereby a person receives financial consideration, in the form of salary, retainer, compensation, or other fee, for or on behalf of any employer or real party in interest to influence an agency action or conduct any lobbying activity. Financial arrangement means the purchase or acquisition of any property, interest in property, service, or other asset of an agency valued in excess of ten thousand dollars ($10,000.00). Lobbying activity means action or communication made to promote, delay, oppose, or otherwise influence an agency action. The term does not include any of the following: (1) The application or negotiation of an award for any state or federal grant; (2) The resolution of any outstanding tax matter, including audits, assessments, administrative appeals, claims for refund, or collection activity; (3) Communication regarding the award of incentives related to an economic development project; (4) Paid advertising communications that are disseminated to the public by radio, television, or a newspaper or periodical of general circulation; (5) Any communications, including testimony submitted during public hearing or submitted in writing, at a meeting conducted pursuant to IC 5-14-1.5; (6) A response to a request for proposal, a bid, a request for quote, or other solicitation made by an agency in conformance with applicable public works or procurement statutes or rules promulgated thereunder; (7) Other public or private testimony or communications solicited by an agency; or (8) Action or communication made as a member of an advisory body. Lobbyist means any individual who is primarily employed and receives payment, or who contracts for financial consideration, exceeding one thousand dollars ($1,000) in any calendar year, for the purpose of engaging in lobbying activity. The term does not include any of the following: (1) An official, appointee, or employee who attempts to influence an agency action that is within the scope of the individual's official duties or employment; (2) An attorney or any other individual who represents a client in: a. A public hearing; or b. The investigation of a criminal or civil matter or ordinance violation; (3) A person who represents a religious organization for the purpose of protecting the organization's constitutional rights; (4) Any newspaper or other periodical of general circulation, book publisher, news wire service, or radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical or radio or television station) that in the ordinary course of business publishes news items, editorials, or other comments or paid advertisement that directly or indirectly urge agency action if such newspaper, periodical, book publisher, radio or television station, or individual engages in no additional activities in connection with agency action; (5) A person whose communication with an agency is for the sole purpose of gathering information relating to a bid, procurement, permit, or public work that is produced in a public record; (6) An individual acting on his or her own behalf; or under Article 1, Section 31 of the Constitution of the State of Indiana who assembles together with other individuals for the common good or petitions an agency for redress of grievances; (7) An individual employed as a salesperson to sell goods and services; or (8) An individual who is invited by an agency or an official for the purpose of giving advice. Official means the mayor or an individual who hold the county offices of the assessor, auditor, clerk, coroner, sheriff, surveyor, and treasurer. Person means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company; or corporation whether or not operated for profit. Real party in interest means the person on whose behalf the lobbyist is acting, if that person is not the employer. (G.O. 31, 2009, § 1)

Indianapolis-Marion County Revised Code § 909-102 Registration statement required.

Sec. 909-102. - Registration statement required. Within fifteen (15) working days after making any contact with an agency regarding an agency action, a lobbyist shall file with the license administrator a registration statement that contains the following information on a form provided by the administrator: (1) The name, business address, telephone number, electronic mail address, and occupation of the lobbyist; (2) The name, business address, telephone number, and electronic mail address of the: a. Lobbyist's employer; and b. Any real party in interest on whose behalf the lobbyist is acting, if it is different from the employer; (3) A brief description of the subject matter to which the engagement or engagements relate; (4) The identity of the agency or agencies to which the engagement or engagements relate; and (5) A verified statement that in the course of engaging in any lobbying activity, the lobbyist has read and will comply with Chapter 293 of this Code. (G.O. 63, 2009, § 149)

Indianapolis-Marion County Revised Code § 909-103 Annual report required; fee.

Sec. 909-103. - Annual report required; fee. (a) Not later than January Fifteenth of each year, a lobbyist shall file with the license administrator an annual report that contains the following information on a form provided by the administrator: (1) The name, business address, telephone number, electronic mail address, and occupation of the lobbyist; (2) The name, business address, telephone number, and electronic mail address of the lobbyist's principal employer; (3) The name, business address, and electronic mail address of each real party in interest represented by the lobbyist that has a continuing engagement described in the lobbyist's registration statement; (4) The total amount of payments received for each engagement during the previous calendar year; (5) A brief description of the subject matter for the lobbying activities in which the lobbyist was engaged during the previous calendar year; (6) The identity of the agency or agencies to which the lobbying activities during the previous calendar year were directed; (7) A description of and the costs of any item of entertainment, food, drink, honoraria, travel expenses, registration fees, and other things of value given or provided to an official, appointee, or employee with attribution to each such official, appointee, or employee by name; however, the following items need not be listed: a. Items with a face value of less than twenty-five dollars ($25); and b. Items that are exempt under subdivisions (2) through (11) of Section 293-201(b); and (8) A verified statement certifying that in the course of engaging in any lobbying activity during the previous calendar year, the lobbyist has read and complied with Chapter 293 of the Code. (b) The fee for filing a registration under this section shall be provided in section 131-501 of the Code, and shall be deposited in the consolidated county fund. (G.O. 63, 2009, § 149; G.O. 14, 2016, § 2)

Indianapolis-Marion County Revised Code § 909-104 Duty to report changed information and termination of engagement.

Sec. 909-104. - Duty to report changed information and termination of engagement. (a) If there is a material change to any information contained in a registration statement or annual report under this chapter, the lobbyist shall file an appropriate written amendment with the license administrator within fifteen (15) days after the change occurs. (b) Each lobbyist shall file a written notice of termination with the license administrator within fifteen (15) days after the end of an engagement; however, this does not relieve the lobbyist of the duty to file an annual report. (G.O. 63, 2009, § 149)

Indianapolis-Marion County Revised Code § 909-105 Review of statements and other documents.

Sec. 909-105. - Review of statements and other documents. The license administrator shall review the accuracy of registration statements and other documents filed under this chapter, and may require the lobbyist to submit verified statements and other supporting documentation. The license administrator shall notify a lobbyist of any materially incorrect information or other deficiencies in the registration statements or other documents, and within thirty (30) days from receipt of such a notice, the lobbyist shall file an amended statement or other document that satisfies all requirements set forth in this chapter. (G.O. 63, 2009, § 149)

Indianapolis-Marion County Revised Code § 909-106 Availability of statements and other documents.

Sec. 909-106. - Availability of statements and other documents. (a) To facilitate public access to records regarding lobbying activity, the license administrator shall compile and maintain an index of all registration statements and other documents filed under this chapter. (b) The license administrator shall preserve registration statements and other documents filed under this chapter for a period of at least four (4) years from the date of receipt. (G.O. 63, 2009, § 149)

Indianapolis-Marion County Revised Code § 909-107 Enforcement and penalties.

Sec. 909-107. - Enforcement and penalties. In addition to license administrator's hearings and any penalties the license administrator may impose, including but not limited to suspension and revocation of registrations, a lobbyist's first violation of: (1) Failure to file an annual report as required by section 909-103 of the Code; (2) Failure to report changed information or termination of engagement as required by section 909-104 of the Code; or (3) Failure to file an amended statement or other document as required by section 909-105 of the Code; shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with chapter 103 of the Code. A lobbyist's second and subsequent violations of these provisions are subject to the enforcement procedures and penalties provided in section 103-3 of the Code and shall make the lobbyist and the lobbyist's firm subject to debarment from lobbying and contracting with the City of Indianapolis and Marion County. A violation for a lobbyist's failure to file a registration statement as required by section 909-102 of the Code shall be subject to the enforcement procedures and penalties provided in section 103-3 and shall subject the lobbyist and the lobbyist's firm to debarment from lobbying and contracting with the City of Indianapolis and Marion County. (G.O. 63, 2009, § 149; G.O. 14, 2016, § 3)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH909LOFetched: 10/27/2026