In terms of executive branch lobbying activity, what constitutes an executive branch agency?

Published 08/06/2007 03:02 PM   |    Updated 02/17/2009 04:23 PM

In terms of executive branch lobbying activity, what constitutes an executive branch agency?

Only people who lobby “agencies” are required to register as executive branch lobbyists. The definition of “agency” that is used in our rule is the same one the ethics commission uses to define its jurisdiction. It can be found at IC 4-2-6-1. It is a very broad term that states:

"Agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic set up as an instrumentality of the state and a private, nonprofit, government related corporation. The term does not include any of the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A state educational institution (as defined in IC 20-12-0.5-1).
(D) A political subdivision.

Notice the italicized language. If an organization is a nonprofit corporation; depending on the definition of “government related” that organization itself may be considered an agency.  The determination of whether a nonprofit corporation is “government related” will have to be made on a case-by-case basis.

 

For more information, see the Executive Branch Lobbyist Registration Rule, visit the Executive Branch Lobbyist website at http://www.in.gov/idoa/2885.htm or call (317) 234-4431.

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