§ 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)