Section 25 IAC 6-1-1 - DefinitionsAuthority: IC 4-2-8-7
Affected: IC 4-2-6-1; IC 4-2-6-11.5; IC 4-21.5-2-4; IC 4-21.5-2-6; IC 4-22-2-3; IC 5-14-1.5; IC 5-16; IC 5-22; IC 5-23; IC 5-30; IC 8-23; IC 36-1-2-13 Article 1, Section 31 of the Constitution of the State of Indiana
Sec. 1.
The following definitions apply throughout this article:
(1) "Agency" has the meaning set forth in IC 4-2-6-1.(2) "Communication" means the exchange of any thoughts, messages, or information by:(H) any other form of electronic transmission of information.(3) "Department" means the Indiana department of administration.(4) "Employer" means the person that principally employs the executive branch lobbyist. The term does not include a person that:(A) only retains or contracts with an executive branch lobbyist as an independent contractor; and(B) does not directly employ that executive branch lobbyist.(5) "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: (A) influence an executive branch action; or(B) conduct any executive branch lobbying activity.(6) "Executive branch action" means a decision of an agency regarding either of the following:(A) The expenditure of state funds with respect to the award of:(iii) any other financial arrangement; under which the funds are distributed or allocated.(B) The: (viii) rejection; by any agency of a rule as defined by IC 4-22-2-3(b).(7) "Executive branch lobbying activity" means action or communication made to delay, oppose, promote, or otherwise influence the outcome of an executive branch action. The term does not include any of the following: (A) The application or negotiation of an award for any state or federal grant.(B) The resolution of any outstanding tax matter, including:(ii) administrative appeals;(iii) claims for refund; or(iv) collection activity; with the department of state revenue or the department of local government finance.(C) Communication regarding the award of incentives related to an economic development project negotiated by the Indiana economic development corporation.(D) Paid advertising communications that are disseminated to the public by any of the following: (iii) A newspaper or periodical of general circulation.(E) Any communications, including testimony submitted during public hearing or submitted in writing, at a meeting conducted under IC 5-14-1.5.(F) 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.(G) Other public or private testimony or communications solicited by an agency. The agency soliciting testimony or communications must keep written documentation for a period of four (4) years detailing with particularity the public policy purpose for extending each such invitation.(H) As provided by IC 4-2-6-11.5, any action or communication made as a member of a board, commission, committee, council, taskforce, workgroup or other advisory body of the executive department that is authorized only to make nonbinding recommendations.(I) The application or negotiation of an award for any state or federal license or permit.(8) "Executive branch lobbyist" means any individual who is employed and receives payment, or who contracts for financial consideration, exceeding one thousand dollars ($1,000) in any registration year, for the purpose of engaging in executive branch lobbying activity. The term does not include any of the following: (A) An elected or appointed officer, employee, or special state appointee of a federal or state agency, the judicial department of state government, the legislative department of state government, a state educational institution, or a political subdivision (as defined in IC 36-1-2-13 ) who attempts to influence an executive branch action that is within the scope of the individual's employment or official duties.(B) An attorney or any other individual who represents a client in any proceeding conducted under IC 4-21.5, in a comparable proceeding conducted by an agency exempted by IC 4-21.5-2-4, or in a proceeding described in IC 4-21.5-2-6.(C) A person who represents a religious organization for the purpose of protecting the organization's constitutional rights.(D) 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 executive branch action if such:(iv) radio or television station; or(v) individual; engages in no additional activities in connection with executive branch actions.(E) A person whose communication with an agency is for the sole purpose of gathering information relating to a bid, procurement, or public work that is produced in a public record done under and in full compliance with: (i) IC 5-16 (state public works);(ii) IC 5-22 (public procurement);(iii) IC 5-23 (public-private agreements);(iv) IC 5-30 (design-build public works projects); or(F) An individual acting: (i) on his or her own behalf; or(ii) 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.(9) "Financial arrangement" means the purchase or acquisition of any: (B) interest in property;(D) other asset; of an agency valued in excess of ten thousand dollars ($10,000).(10) "Person" means any: (D) unincorporated association;(H) limited liability company; or(I) corporation; whether or not operated for profit.(11) "Real party in interest" means the person on whose behalf the executive branch lobbyist is acting, if that person is not the employer.Indiana Department of Administration; 25 IAC 6-1-1; filed Dec 2, 2005, 2:00 p.m.: 29 IR 1202; filed Mar 10, 2008, 12:58 p.m.: 20080409-IR-025070231FRAReadopted filed 10/31/2014, 1:19 p.m.: 20141126-IR-025140349RFAReadopted filed 9/10/2018, 10:50 a.m.: 20181010-IR-025180324RFA