FINAL ADVISORY OPINION 97-09
Reporting expenditures made pursuant to a contract to monitor the
legislature when the contract is converted into a contract to lobby
Indiana Lobby Registration Commission
(Determination made at public meeting on November 13, 1997)
(Ratification at public meeting of March 24, 1998)
VOTES ON RATIFICATION:
Chairman Bepko - yes
Vice-Chairman Krahulik - yes
Commissioner Hicks - yes
Commissioner Abbs - yes
Questions and written comments may be directed to Indiana Lobby Registration Commission, 115 W. Washington, Suite 1375 S., Indianapolis, IN 46204 (317) 232-9860
http://www.ai.org./ilrc/
Determination:
Expenditures made pursuant to a contract to monitor the legislature do not have to be reflected in the reporting figures when that contract is converted into a contract to lobby.
Lobbyist "A" is paid by Client "C" to monitor the legislature. During the session A tells C that there is legislation being considered which affects C. C agrees to have A lobby on its behalf and the original agreement between A and C is modified to r eflect such. A actively lobbies for C.
The Commission determined in Proposed Advisory Opinion 97-06 that, "[a]n agent who merely monitors the action of the legislature is not communicating with the legislators." As such, it was agreed that when there is a contract only to monitor the legis lature, there is no duty to report as a lobbyist. It is only when lobbying occurs, or when a contract for lobbying exists (Proposed Advisory Opinion 97-03), that there is an obligation to register and report.
Hence, only those expenditures related to the agreement to lobby are reportable expenditures. Expenditures related to the agreement to monitor are not reportable.