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FINAL ADVISORY OPINION 97-08

FINAL ADVISORY OPINION 97-08:

Reporting when a lobbyist hires a lobbyist
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:

There does not appear to be statutory authority which would support the Commission in requiring that a compensated lobbyist disclose for which clients of an employer lobbyist he lobbies. In the general spirit of disclosure, the Commission invites, bu t does not require, compensated lobbyists to voluntarily disclose those clients on whose behalf they are lobbying.

Example:

Lobbyist "A" is paid by Lobby Firm "B" to lobby for client "C". A's compensation for the lobbying A does for client C is paid solely by B. A currently reports that he is a compensated lobbyist for B, and does not report that he lobbies for B's client , C.

Rationale:

The statute does not require that A disclose for which clients of B that A lobbies. However, a general sense of this type of disclosure can be obtained by looking at B's compensated lobbyist form, which will list those employer lobbyists who compensat e B.

It should be noted that if the facts were changed, and if C pays A directly, or if B served as a mere conduit between A and C, then A would need to report as C's compensated lobbyist.