Indianapolis Star (Op-Ed): Lax Indiana lobbying laws bring legislator ethics into question

Indiana lawmakers should be listening to their constituents. But with Indiana’s lax lobbying laws, they’re often listening to special interests instead.

A June article from State Affairs found that during the most recent legislative session, lobbyists spent over $1 million on gifts and entertainment for legislators, staff and their close relatives. Out of the spending that could be traced to individual lawmakers, Democratic legislators received an average of $908 from lobbyists, and Republicans received an average of $1,724.

There’s nothing inherently wrong with lobbying. There are cases where it’s important for lawmakers to hear from interest and industry groups, whose representatives can supply expertise on complicated issues. However, the more lawmakers rely on lobbyists, the harder it becomes for everyday people to make themselves heard.

Every time a lobbyist treats a legislator to dinner, a cruise or a Colts game, they get a chance to build a personal relationship – which makes a stark difference, as legislators naturally respond more favorably to people they’ve gotten to know over drinks or at the golf course. Later, this influence manifests in the legislative process. A 2021 study used data from Colorado, Nebraska and Wisconsin to show that lobbying often works by securing agenda control: determining which legislation makes it out of committee, reaches the floor and passes the chamber.

While 40 states restrict the values of gifts politicians can accept from lobbyists, Indiana has no such limits written into state code. And while Indiana lobbyists can’t pay for out-of-state travel for legislators, they can pay for meals and entertainment – like the dinner cruise some lawmakers accepted from a powerful lobbying group at a legislative conference in Hawaii.

But the problem isn’t just the lack of limits on gifts, it’s also the lack of transparency around lobbying.

Lobbyists are required by law to report their expenditures to the Indiana Lobby Registration Commission. If expenditures on a particular lawmaker, legislative employee or family member exceed $50 in one day, or $250 over the course of a year, those costs must be ascribed to that individual. However, those low standards allow a plethora of spending to remain unattributed, leaving Hoosiers in the dark as to exactly how much money their representatives are accepting – and from whom.

Indiana requires lobbyists to file activity reports only twice a year, setting us well behind the national standard. In comparison, at least 22 states require lobbyists to file activity reports quarterly, and at least 13 states require monthly or semimonthly reports while their legislatures are in session.

These more frequent reports allow the public to track lobbyist spending as it happens. However, under current Indiana requirements, Hoosiers don’t know which interest groups spent money to support or oppose legislation until long after the session has ended. It’s also not possible to effectively download data from the ILRC website; instead, curious citizens must comb through each individual report. This inaccessible process makes it hard to get a systematic picture of how money flows through the lobbying ecosystem.

Additionally, there’s little accountability for groups that aren’t registered as lobbyists. In May, Fostech, a Seymour-based gun manufacturer, offered Republican legislators a discount on personalized AR-15-style rifles during the General Assembly’s session. During the same session, Fostech representatives testified against a bill that expanded Indiana’s definition of a “machine gun.” Because lawmakers are not required to report gifts they receive – from lobbyists or anyone else – Fostech’s backdoor offer could easily have escaped public scrutiny.

From shameful loopholes to murky transparency, Indiana lags on lobbying ethics. It’s time for the Statehouse to make sure legislators spend less time enjoying steakhouse dinners from the moneyed interests who pay for them – and more time listening to their constituents.

Tilly Robinson is an intern at Common Cause Indiana, an organization working to promote open, ethical and accountable government for Hoosiers.

 

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