Reprinted
February 25, 2010
ENGROSSED
HOUSE BILL No. 1001
_____
DIGEST OF HB 1001
(Updated February 24, 2010 2:50 pm - DI 75)
Citations Affected: IC 2-2.1; IC 2-7; IC 3-9; IC 4-2; IC 5-14.
Synopsis: Government ethics. Provides that legislative statements of
economic interests are not required to report gifts made to the filer or
purchases by a lobbyist from the filer's business. Requires legislative
branch lobbyists to report such gifts and purchases. Requires the lobby
registration commission to compile reports of these gifts and purchases
and provide them to the legislator or candidate. Provides that
legislators may not accept honoraria for appearances or speeches but
may accept payment or reimbursement of travel expenses for
appearances or speeches. Reduces the amount of a single gift or
(Continued next page)
Effective: Upon passage; July 1, 2010; November 1, 2010; January 1,
2011; November 1, 2011; January 1, 2012.
Bauer, Murphy, Bosma, Van Haaften
(SENATE SPONSORS _ MILLER, BRODEN, SIMPSON, ALTING,
ARNOLD, BECKER, BOOTS, BRAY, BREAUX, BUCK, CHARBONNEAU,
DEIG, DELPH, DILLON, ERRINGTON, GARD, HEAD, HERSHMAN,
HOLDMAN, HUME, KENLEY, KRUSE, LANANE, LANDSKE, LAWSON C,
LEISING, LEWIS, LONG, MERRITT, MISHLER, MRVAN, NUGENT, PAUL,
RANDOLPH, ROGERS, SCHNEIDER, SIPES, SKINNER, STEELE,
STUTZMAN, TALLIAN, TAYLOR, WALKER, WALTZ, WATERMAN,
WYSS, YODER, YOUNG R, YOUNG R MICHAEL, ZAKAS)
November 17, 2009, read first time and referred to Committee on Rules and Legislative
Procedures.
January 5, 2010, reported _ Do Pass.
January 7, 2010, read second time, ordered engrossed. Engrossed.
January 11, 2010, read third time, passed. Yeas 97, nays 2.
SENATE ACTION
January 11, 2010, read first time and referred to Committee on Rules and Legislative
Procedure.
February 16, 2010, amended, reported favorably _ Do Pass.
February 18, 2010, read second time, amended, ordered engrossed.
February 19, 2010, engrossed.
February 22, 2010, returned to second reading.
February 24, 2010, re-read second time, amended, ordered engrossed.
Digest Continued
(Continued next page)
Digest Continued
from fundraising. Removes a requirement that candidates for the
general assembly file candidate documents with the circuit court clerk.
Requires the circuit court clerk to provide copies of legislative
candidacy documents from the election division's or the secretary of
state's web site to a person requesting to see these documents. Makes
technical changes. Repeals superseded statutes.
Reprinted
February 25, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
ENGROSSED
HOUSE BILL No. 1001
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-2.1-3-2; (10)EH1001.3.1. -->
SECTION 1. IC 2-2.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 2. (a) Not later
than seven (7) calendar days following the first session day in January
of each year every member of the general assembly shall file with the
principal clerk of the house or secretary of the senate, respectively, a
written statement of the member's or candidate's economic interests for
the preceding calendar year listing the following:
(1) The name of the member's or candidate's employer and the
employer of the member's or candidate's spouse and the nature of
the employer's business. The house of representatives and senate
need not be listed as an employer.
(2) The name of any sole proprietorship owned or professional
practice operated by the member or candidate or the member's or
candidate's spouse and the nature of the business.
(3) The name of any partnership of which the member or
candidate or the member's or candidate's spouse is a member and
the nature of the partnership's business.
(4) The name of any corporation of which the member or
candidate or the member's or candidate's spouse is an officer or
director and the nature of the corporation's business. Churches
need not be listed.
(5) The name of any corporation in which the member or
candidate or the member's or candidate's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). No time
or demand deposit in a financial institution or insurance policy
need be listed.
(6) The name of any state agency or the supreme court of Indiana
which licenses or regulates the following:
(A) The member's or candidate's or the member's or
candidate's spouse's profession or occupation.
(B) Any proprietorship, partnership, corporation, or limited
liability company listed under subdivision (2), (3), or (4) and
the nature of the licensure or regulation.
The requirement to file certain reports with the secretary of state
or to register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler shall not be considered as
licensure or regulation.
(7) The name of any person whom the member or candidate
knows to have been a lobbyist in the previous calendar year and
knows to have purchased any of the following:
(A) From the member or candidate, the member's or
candidate's sole proprietorship, or the member's or candidate's
family business, goods or services for which the lobbyist paid
in excess of one hundred dollars ($100).
(B) From the member's or candidate's partner, goods or
services for which the lobbyist paid in excess of one thousand
dollars ($1,000).
This subdivision does not apply to purchases made after
December 31, 1998, by a lobbyist from a legislator's retail
business made in the ordinary course of business at prices that are
available to the general public. For purposes of this subdivision,
a legislator's business is considered a retail business if the
business is a retail merchant as defined in IC 6-2.5-1-8.
(8) The name of any person or entity from whom the member or
candidate received the following:
(A) Any gift of cash from a lobbyist.
(B) Any single gift other than cash having a fair market value
in excess of one hundred dollars ($100).
However, a contribution made by a lobbyist to a charitable
organization (as defined in Section 501(c) of the Internal Revenue
Code) in connection with a social or sports event attended by
legislators need not be listed by a member of the general assembly
unless the contribution is made in the name of the legislator.
(C) Any gifts other than cash having a fair market value in the
aggregate in excess of two hundred fifty dollars ($250).
Campaign contributions need not be listed. Gifts from a spouse
or close relative need not be listed unless the donor has a
substantial economic interest in a legislative matter.
(9) (7) The name of any lobbyist who is:
(A) a member of a partnership or limited liability company;
(B) an officer or a director of a corporation; or
(C) a manager of a limited liability company;
of which the member of or candidate for the general assembly is
a partner, an officer, a director, a member, or an employee, and a
description of the legislative matters which are the object of the
lobbyist's activity.
(10) (8) The name of any person or entity on whose behalf the
member or candidate has appeared before, contacted, or
transacted business with any state agency or official thereof, the
name of the state agency, the nature of the appearance, contact, or
transaction, and the cause number, if any. This requirement does
not apply when the services are rendered without compensation.
(11) (9) The name of any limited liability company of which the
member of the general assembly, the candidate, or the member's
or candidate's individual spouse has an interest.
(b) Before any person who is not a member of the general assembly
files the person's declaration of candidacy, declaration of intent to be
a write-in candidate, or petition of nomination for office or is selected
as a candidate for the office under IC 3-13-1 or IC 3-13-2, the person
shall file with the clerk of the house or secretary of the senate,
respectively, the same written statement of economic interests for the
preceding calendar year that this section requires members of the
general assembly to file.
(c) Any member of or candidate for the general assembly may file
an amended statement upon discovery of additional information
required to be reported.
SOURCE: IC 2-2.1-3-9.5; (10)EH1001.3.2. -->
SECTION 2. IC 2-2.1-3-9.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9.5. (a) As used in this section, "honorarium" means
a payment of money for an appearance or a speech. The term does
not include payment or reimbursement of travel expenses.
(b) A member of the general assembly may not receive an
honorarium for an appearance or a speech made or given in the
member's capacity as a legislator.
SOURCE: IC 2-2.1-3-12; (10)EH1001.3.3. -->
SECTION 3. IC 2-2.1-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. The following
constitute disorderly behavior and may be punished by the house
of representatives or senate as provided in Article 4, Section 14 of
the Constitution of the State of Indiana:
(1) Willful failure to file a required statement by the deadline
prescribed in this chapter or knowingly filing a false statement. or
(2) Knowing violation of section 9, 9.5, or 10 of this chapter.
shall constitute disorderly behavior and may be punished by the
house or senate as provided in Article 4, Section 14 of the
Constitution of the State of Indiana.
SOURCE: IC 2-7-1-0.1; (10)EH1001.3.4. -->
SECTION 4. IC 2-7-1-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 0.1. The definitions in this chapter
apply throughout this article.
SOURCE: IC 2-7-1-1.3; (10)EH1001.3.5. -->
SECTION 5. IC 2-7-1-1.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 1.3. "Candidate" refers to a candidate
for election to the general assembly.
SOURCE: IC 2-7-1-1.7; (10)EH1001.3.6. -->
SECTION 6. IC 2-7-1-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 1.7. (a) "Close relative" of an individual
refers to any of the following:
(1) The individual's spouse.
(2) A parent of the individual or a parent of the individual's
spouse.
(3) A child of the individual or a child of the individual's
spouse.
(4) A sibling of the individual or a sibling of the individual's
spouse.
(5) An aunt or an uncle of the individual or an aunt or uncle
of the individual's spouse.
(6) A niece or nephew of the individual or a niece or nephew
of the individual's spouse.
(7) A grandparent of the individual or a grandparent of the
individual's spouse.
(8) A grandchild of the individual or a grandchild of the
individual's spouse.
(9) A great-grandparent of the individual or a
great-grandparent of the individual's spouse.
(10) A great-grandchild of the individual or a
great-grandchild of the individual's spouse.
(b) A relative by adoption, half-blood, marriage, or remarriage
is considered as a relative of whole kinship.
SOURCE: IC 2-7-1-1.9; (10)EH1001.3.7. -->
SECTION 7. IC 2-7-1-1.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 1.9. "Commission" refers to the Indiana
lobby registration commission established by IC 2-7-1.6-1.
SOURCE: IC 2-7-1-4; (10)EH1001.3.8. -->
SECTION 8. IC 2-7-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 4. (a) "Gift" means the
voluntary transfer of anything of value without consideration.
(b) The term does not include any of the following:
(1) A gift received from a relative within the third degree of
kinship of the person or of the person's spouse, or from the spouse
of any such relative.
(2) a contribution (as defined in IC 3-5-2-15).
SOURCE: IC 2-7-1-7.2; (10)EH1001.3.9. -->
SECTION 9. IC 2-7-1-7.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 7.2. "Legislative body" refers to any of
the following:
(1) The general assembly.
(2) The house of representatives.
(3) The senate.
(4) A standing or other committee established by the rules of
the house of representatives or the senate.
(5) A committee established by statute or by the legislative
council. An individual who:
(A) is a member of a committee described in this
subdivision; and
(B) is not a member of the general assembly;
is not considered to be a member of a legislative body for
purposes of this article.
(6) A caucus of the house of representatives or the senate.
SOURCE: IC 2-7-1-7.5; (10)EH1001.3.10. -->
SECTION 10. IC 2-7-1-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 7.5. "Legislative liaison" has the
meaning set forth in IC 5-14-7-3.
SOURCE: IC 2-7-1-8; (10)EH1001.3.11. -->
SECTION 11. IC 2-7-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 8. "Legislative official"
person" means any of the following:
(1) A member. of the general assembly, or any
(2) A candidate.
(3) An officer of the general assembly.
(4) An employee or of the general assembly.
(5) A member of the immediate family of anyone described in
subdivision (1), (2), (3), or (4). A lobbyist who is a close
relative of a legislative person is not considered a legislative
person.
(6) A paid consultant of the general assembly. or
(7) An agency of the general assembly.
SOURCE: IC 2-7-1-9; (10)EH1001.3.12. -->
SECTION 12. IC 2-7-1-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 9. "Lobbying" means
communicating by any means, or paying others to communicate by any
means, with any legislative official person with the purpose of
influencing any legislative action.
SOURCE: IC 2-7-1-10; (10)EH1001.3.13. -->
SECTION 13. IC 2-7-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 1, 2010]: Sec. 10. (a)
"Lobbyist" means any person who:
(1) engages in lobbying; and
(2) in any registration year, receives or expends an aggregate of
at least five hundred dollars ($500) in compensation or
expenditures reportable under this article for lobbying, whether
the compensation or expenditure is solely for lobbying or the
lobbying is incidental to that individual's regular employment.
(b) The following are not considered lobbyists:
(1) A public employee or public official.
(2) The National Conference of State Legislatures.
(3) The National Conference of Insurance Legislators.
(4) The American Legislative Exchange Council.
(5) Women in Government.
(6) The Council of State Governments.
(7) The National Black Caucus of State Legislators.
(8) Any other national organization established for the
education and support of legislative leadership, legislators,
legislative staff, or related government employees.
SOURCE: IC 2-7-1-10.5; (10)EH1001.3.14. -->
SECTION 14. IC 2-7-1-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 10.5. "Member", except as used in
section 8(5) of this chapter, IC 2-7-3-3(a), and IC 2-7-7-8, refers to
a member of the general assembly.
SOURCE: IC 2-7-2-2; (10)EH1001.3.15. -->
SECTION 15. IC 2-7-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 2. (a) Each registration
statement shall be filed not later than January 15 or within fifteen (15)
days after the registrant a person becomes a lobbyist, whichever is
later. Each registration statement expires on December 31 of the year
for which it was issued. The commission may accept registration
statements before January 1 of the year to which they apply, as the
commission determines.
(b) Subject to subsections (c) and (d), the commission shall impose
a late registration fee of ten not more than one hundred dollars ($10)
($100) per day for each day after the deadline until the statement is
filed.
(c) The late registration fee shall not exceed one hundred four
thousand five hundred dollars ($100). ($4,500).
(d) The commission may waive the late registration fee if the
commission determines that the circumstances make imposition of the
fee inappropriate.
SOURCE: IC 2-7-3-2; (10)EH1001.3.16. -->
SECTION 16. IC 2-7-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 2. (a) One (1) activity report
shall be filed not later than May 31, covering the period from
November 1 of the immediately preceding calendar year through April
30. The other activity report shall be filed not later than November 30,
covering the period from May 1 through October 31. The commission
shall provide a copy of an activity report to a member of the general
assembly at the request of the member.
(b) Subject to subsections (c) and (d), the commission shall impose
a penalty of ten not more than one hundred dollars ($10) ($100) per
day for each day that the person fails to file any report required by this
chapter until the report is filed.
(c) The penalty shall not exceed one hundred four thousand five
hundred dollars ($100) ($4,500) per report.
(d) The commission may waive the penalty if the commission
determines that the circumstances make imposition of the penalty
inappropriate.
SOURCE: IC 2-7-3-3; (10)EH1001.3.17. -->
SECTION 17. IC 2-7-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 3. (a) The activity reports
of each lobbyist shall include the following
information:
(1) A complete and current statement of the information required
to be supplied under IC 2-7-2-3 and IC 2-7-2-4.
(2) Total expenditures on lobbying (prorated, if necessary) broken
down to include at least the following categories:
(A) Compensation to others who perform lobbying services.
(B) Reimbursement to others who perform lobbying services.
(C) Receptions.
(D) Entertainment, including meals.
However, a function to
which the entire general assembly is invited is not lobbying
under this article.
(E) Gifts made to
an employee of the general assembly or a
member of the immediate family of an employee of the general
assembly. a legislative person.
(3)
Subject to section 3.5 of this chapter, a statement of
expenditures and gifts each:
(A) expenditure for entertainment (including meals and
drink); or
(B) gift;
that
equal one hundred equals fifty dollars
($100) ($50) or more
in one (1) day, or
expenditures for entertainment (including
meals and drink) or gifts that together total more than
five two
hundred
fifty dollars
($500) ($250) during the calendar year, if
the expenditures and gifts are made by the
registrant lobbyist or
his the lobbyist's agent to benefit
a specific legislative person.
(A) a member of the general assembly;
(B) an officer of the general assembly;
(C) an employee of the general assembly; or
(D) a member of the immediate family of anyone included in
clause (A), (B), or (C).
(4) Whenever a lobbyist makes an expenditure that is for the
benefit of all of the members of the general assembly on a given
occasion, the total amount expended shall be reported, but the
lobbyist shall not prorate the expenditure among each member of
the general assembly.
(5) (4) A list of the general subject matter of each bill or
resolution concerning which a lobbying effort was made within
the registration period.
(6) The name of the beneficiary of each expenditure or gift made
by the lobbyist or his agent that is required to be reported under
subdivision (3).
(7) (5) The name of each member of the general assembly from
whom the lobbyist has received an affidavit required under
IC 2-2.1-3-3.5.
(b) In the second semiannual report, when total amounts are
required to be reported, totals shall be stated both for the period
covered by the statement and for the entire reporting year.
(c) An amount reported under this section is not required to include
the following:
(1) Overhead costs.
(2) Charges for any of the following:
(A) Postage.
(B) Express mail service.
(C) Stationery.
(D) Facsimile transmissions.
(E) Telephone calls.
(3) Expenditures for the personal services of clerical and other
support staff persons who are not lobbyists.
(4) Expenditures for leasing or renting an office.
(5) Expenditures for lodging, meals, and other personal expenses
of the lobbyist.
(d) A report of an expenditure under subsection (a)(3) must
state the following information:
(1) The name of the lobbyist making the expenditure.
(2) A description of the expenditure.
(3) The amount of the expenditure.
SOURCE: IC 2-7-3-3.3; (10)EH1001.3.18. -->
SECTION 18. IC 2-7-3-3.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]:
Sec. 3.3. (a) This section does not apply to
gifts made between close relatives.
(b) A lobbyist shall file a written report whenever the lobbyist
makes a gift with respect to a legislative person that is required to
be included in a report under section 3(a)(3) of this chapter.
(c) A report under this section must state the following:
(1) The name of the lobbyist making the gift.
(2) A description of the gift.
(3) The amount of the gift.
(d) A lobbyist shall file a copy of a report required by this
section with all the following:
(1) The commission.
(2) The legislative person to whom the report is made.
(3) The principal clerk of the house of representatives, if the
legislative person is a member of, or a candidate for election
to, the house of representatives.
(4) The secretary of the senate, if the legislative person is a
member of, or candidate for election to, the senate.
(e) A lobbyist shall file a report required by this section not later
than fifteen (15) business days after making the gift. A report filed
under this section is confidential and is not available for public
inspection or copying until ten (10) business days after the report
is filed with the commission.
(f) Not later than January 7 each year, the commission shall
provide to each member and candidate a written compilation of all
reports filed under subsection (d) relating to that member or
candidate. The compilation must provide the following information
to the member or candidate for each gift reported under subsection
(d):
(1) A description of the gift.
(2) The amount of the gift.
(3) The name of the lobbyist making the gift.
SOURCE: IC 2-7-3-3.5; (10)EH1001.3.19. -->
SECTION 19. IC 2-7-3-3.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]:
Sec. 3.5. (a) If an expenditure for
entertainment (including meals and drink) or a gift can clearly and
reasonably be attributed to a particular legislative person, the
expenditure must be reported with respect to that particular
legislative person.
(b) A report of an expenditure with respect to a particular
legislative person:
(1) must report actual amounts; and
(2) may not allocate to the particular legislative person a
prorated amount derived from an expense made with respect
to several legislative persons;
to the extent practicable.
(c) An activity report must report expenditures for a function or
activity to which all the members of a legislative body are invited.
Expenditures reported for a function or activity described in this
subsection may not be allocated and reported with respect to a
particular legislative person.
(d) If two (2) or more lobbyists contribute to an expenditure,
each lobbyist shall report the actual amount the lobbyist
contributed to the expenditure. For purposes of reporting such an
expenditure, the following apply:
(1) For purposes of determining whether the expenditure is
reportable, the total amount of the expenditure with respect
to a particular legislative person must be determined and not
the amount that each lobbyist contributed to that expenditure.
(2) Each lobbyist shall report the actual amount the lobbyist
contributed to the expenditure, even if that amount would not
have been reportable under this section if only one (1) lobbyist
made an expenditure of that amount.
(e) The report of an expenditure with respect to a particular
legislative person may not include any amount that the particular
legislative person contributed to the expenditure.
(f) An activity report may not report expenditures or gifts
relating to property or services received by a legislative person if
the legislative person paid for the property or services the amount
that would be charged to any purchaser of the property or services
in the ordinary course of business.
(g) An activity report may not report expenditures or gifts made
between close relatives unless the expenditure or gift is made in
connection with a legislative action.
(h) An activity report may not report expenditures or gifts
relating to the performance of a legislative person's official duties,
including the legislative person's service as a member of any of the
following:
(1) The legislative council.
(2) The budget committee.
(3) A standing or other committee established by the rules of
the house of representatives or the senate.
(4) A study committee established by statute or by the
legislative council.
(5) A statutory board or commission.
(i) An activity report may not report a contribution (as defined
in IC 3-5-2-15).
SOURCE: IC 2-7-3-7; (10)EH1001.3.20. -->
SECTION 20. IC 2-7-3-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 7. (a) This section does not apply to a
purchase by a lobbyist from a member's or candidate's business
made in the ordinary course of business at prices that are available
to the general public.
(b) As used in this section, "purchase" refers to a purchase of
goods or services for which the lobbyist paid more than one
hundred dollars ($100) from any of the following:
(1) A member or candidate.
(2) A member's or candidate's sole proprietorship.
(3) A member's or candidate's family business, regardless of
the manner of the family business's legal organization.
(c) A lobbyist shall file a written report with respect to a
member or candidate whenever the lobbyist makes a purchase.
(d) A report required by this section must state the following:
(1) The name of the lobbyist making the purchase.
(2) A description of the purchase.
(3) The amount of the purchase.
(e) A lobbyist shall file a copy of a report required by this
section with all the following:
(1) The commission.
(2) The member or candidate with respect to whom the report
is made.
(3) The principal clerk of the house of representatives, if the
member or candidate is a member of, or a candidate for
election to, the house of representatives.
(4) The secretary of the senate, if the member or candidate is
a member of, or candidate for election to, the senate.
(f) A lobbyist shall file a report required by this section not later
than fifteen (15) business days after making the purchase. A report
filed under this section is confidential and is not available for
public inspection or copying until ten (10) business days after the
report is filed with the commission.
(g) Not later than January 7 each year, the commission shall
provide to each member and candidate a written compilation of all
reports filed under subsection (e) relating to that member or
candidate. The compilation must provide the following information
to the member or candidate for each purchase:
(1) A description of the purchase.
(2) The amount of the purchase.
(3) The name of the lobbyist making the purchase.
SOURCE: IC 2-7-4-5.5; (10)EH1001.3.21. -->
SECTION 21. IC 2-7-4-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 5.5. (a) The commission shall make
copies of all the following available on the Internet:
(1) Reports, statements, other documents required to be filed
under this article.
(2) Manuals, indices, summaries, and other documents the
commission is required to compile, publish, or maintain under
this article.
(b) The commission shall make copies of all reports required to
be made by legislative liaisons under IC 5-14-7 available on the
Internet.
SOURCE: IC 2-7-4-6; (10)EH1001.3.22. -->
SECTION 22. IC 2-7-4-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 6. (a) The commission shall
inspect and audit at least five percent (5%) of all registration
statements and reports filed with the commission under this chapter by
requiring the
registrant lobbyist to produce verifying documents. The
statements and reports inspected and audited shall be selected at
random by a computer random number generator. Nothing in this
chapter shall be construed as prohibiting the commission from
inspecting and auditing any statement or report if the commission has
reason to believe that a violation of this chapter may have occurred.
(b) Verifying documents under this section while in the possession
of the commission are confidential.
SOURCE: IC 2-7-5-1; (10)EH1001.3.23. -->
SECTION 23. IC 2-7-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2011]: Sec. 1. It is unlawful for any A
legislative official to person may not receive compensation or
reimbursement other than from the state for personally engaging in
lobbying.
SOURCE: IC 2-7-5-7; (10)EH1001.3.24. -->
SECTION 24. IC 2-7-5-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012]: Sec. 7. (a) An individual who is a member of
the general assembly after December 31, 2011, may not be:
(1) registered as a lobbyist under this article; or
(2) employed as a legislative liaison;
during the period described in subsection (b).
(b) The period referred to in subsection (a):
(1) begins on the day the individual ceases to be a member of
the general assembly; and
(2) ends three hundred sixty-five (365) days after the date the
individual ceases to be a member of the general assembly.
SOURCE: IC 2-7-5-7.1; (10)EH1001.3.25. -->
SECTION 25. IC 2-7-5-7.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.1. (a) This section applies only to an
individual who is a:
(1) candidate for nomination for election to the general
assembly in 2010; or
(2) member of the general assembly on November 3, 2010.
(b) An individual described in subsection (a) may not be:
(1) registered as a lobbyist under this article; or
(2) employed as a legislative liaison;
before June 1, 2011.
(c) An individual described in subsection (a) may be registered
as a lobbyist after May 31, 2011.
(d) This section expires January 1, 2012.
SOURCE: IC 2-7-5-8; (10)EH1001.3.26. -->
SECTION 26. IC 2-7-5-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]:
Sec. 8. (a) This section does not apply to gifts
made between close relatives.
(b) A lobbyist may not make a gift with a value of fifty dollars
($50) or more to a legislative person unless the lobbyist receives the
consent of the legislative person before the gift is made. The
lobbyist must inform the particular legislative person of the cost of
the gift at the time the lobbyist seeks the consent of the legislative
person.
SOURCE: IC 2-7-5-9; (10)EH1001.3.27. -->
SECTION 27. IC 2-7-5-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]: Sec. 9. (a) This section does not apply to the
following:
(1) Expenses associated with travel outside Indiana for any
purpose that is paid for by an organization or corporation of
which the legislative person or the legislative person's spouse
is an officer, member of the board of directors, employee, or
independent contractor.
(2) Travel expenses of a legislative person attending a public
policy meeting if:
(A) the legislative person's sole purpose for attending the
meeting is to serve as a speaker or other key participant in
the meeting; and
(B) the speaker of the house of representatives or the
president pro tempore of the senate approves the payment
of the travel expenses in writing.
(b) As used in this section, "travel expenses" includes expenses
for transportation, lodging, meals, registration fees, and other
expenses associated with travel.
(c) Except as provided in subsection (a), a lobbyist may not pay
for or reimburse for travel expenses of a legislative person for
travel outside Indiana for any purpose.
SOURCE: IC 2-7-5-10; (10)EH1001.3.28. -->
SECTION 28. IC 2-7-5-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 10. (a) Except as provided in subsection (c), this
section does not apply to a lobbyist if the lobbyist's activity under
this chapter is governed by the Rules of Professional Conduct of
the Indiana supreme court.
(b) As used in this section, "conflict of interest" means a
circumstance where:
(1) the representation of a client will be directly adverse to
another client; or
(2) there is a significant risk that the representation of one (1)
or more clients will be materially limited by the lobbyist's
responsibilities to:
(A) another client; or
(B) a personal interest of the lobbyist.
(c) A lobbyist shall file with the commission a written statement
that describes the procedures that the lobbyist and the lobbyist's
client will follow if the lobbyist or the client determines at any time
that the lobbyist's representation of the client might involve a
conflict of interest. The lobbyist shall file the statement with the
commission at the time the lobbyist files the lobbyist's annual
registration statement under IC 2-7-2. If the lobbyist's activity
under this chapter is governed by the Rules of Professional
Conduct of the Indiana supreme court, the lobbyist shall file a
statement to that effect with the commission.
(d) The statement filed under subsection (c) must be included in
the agreement between the lobbyist and the client for the lobbyist's
services as a lobbyist.
(e) A lobbyist may not represent a client if the representation
involves a conflict of interest except as is provided in the statement
filed by the lobbyist under subsection (c).
SOURCE: IC 2-7-6-3; (10)EH1001.3.29. -->
SECTION 29. IC 2-7-6-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 3. Whoever A person who
knowingly or intentionally makes a false report under this chapter
article that overstates or understates the amount of any or all
expenditures or gifts an expenditure or gift commits a Class D felony.
SOURCE: IC 2-7-6-6; (10)EH1001.3.30. -->
SECTION 30. IC 2-7-6-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 2010]: Sec. 6. (a) The commission may
impose either or both of the following sanctions if, after a hearing
under IC 4-21.5-3, the commission finds that a lobbyist failed to file a
report with a member of the general assembly a legislative person
required by IC 2-7-3-6: IC 2-7-3-3.3 or IC 2-7-3-7:
(1) Revoke the registration of the lobbyist.
(2) Assess a civil penalty against the lobbyist. A civil penalty
assessed under this subdivision may not be more than five
hundred dollars ($500).
(b) In imposing sanctions under subsection (a), the commission
shall consider the following:
(1) Whether the failure to file the report was willful or negligent.
(2) Any mitigating circumstances.
SOURCE: IC 3-9-2-12; (10)EH1001.3.31. -->
SECTION 31. IC 3-9-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) This section
does not apply to:
(1) a member of the general assembly; or
(2) a candidate's committee of a member of the general assembly;
with respect to an office other than a legislative office or a state office
to which the member seeks election.
(b) As used in this section, "affected person" refers to any of the
following:
(1) An individual who holds a legislative office.
(2) A candidate for a legislative office.
(3) An individual who holds a state office.
(4) A candidate for a state office.
(c) As used in this section, "prohibited period" means the period:
(1) beginning on the day in January in each odd-numbered year
the general assembly reconvenes under IC 2-2.1-1-2; and
(2) through the day the general assembly adjourns sine die in an
odd-numbered year under IC 2-2.1-1-2.
(d) During the prohibited period, an affected person, an affected
person's candidate's committee, and a legislative caucus committee may
not do any of the following:
(1) Solicit campaign contributions.
(2) Accept campaign contributions.
(3) Conduct other fundraising activities. This subdivision does not
prohibit an affected person from participating in party activities
conducted by a regular party committee.
SOURCE: IC 3-9-5-3; (10)EH1001.3.32. -->
SECTION 32. IC 3-9-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: Sec. 3. (a) A candidate for
legislative office and the candidate's committee shall file each report,
notice, or other instrument required by this article with the election
division. The candidate and committee shall also file a duplicate copy
with the county election board of the county in which the candidate
resides.
(b) The circuit court clerk shall, at the request of any person,
furnish the person a copy of a report, notice, or other instrument
required by this article for a candidate for a legislative office from
electronic records maintained on the secretary of state's or election
division's web site. The circuit court clerk shall charge for a copy
of records furnished under this subsection as provided in
IC 5-14-3.
SOURCE: IC 4-2-6-15; (10)EH1001.3.33. -->
SECTION 33. IC 4-2-6-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) This section does not apply to the
following:
(1) A communication made by the governor concerning the
public health or safety.
(2) A communication:
(A) that a compelling public policy reason justifies the state
officer to make; and
(B) the expenditure for which is approved by the budget
agency after an advisory recommendation from the budget
committee.
(b) This section does not prohibit a state officer from using in a
communication the title of the office the state officer holds.
(c) As used in this section, "communication" refers only to the
following:
(1) An audio communication.
(2) A video communication.
(3) A print communication in a newspaper (as defined in
IC 5-3-1-0.4).
(d) A state officer may not use the state officer's name or
likeness in a communication paid for entirely or in part with
appropriations made by the general assembly, regardless of the
source of the money.
SOURCE: IC 5-14-7; (10)EH1001.3.34. -->
SECTION 34. IC 5-14-7 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 2010]:
Chapter 7. Legislative Liaisons
Sec. 1. The definitions in IC 2-7-1 apply in this chapter.
Sec. 2. As used in this chapter, "employer" refers to either of the
following:
(1) An agency (as defined in IC 4-2-6-1).
(2) A state educational institution (as defined in
IC 21-7-13-32).
Sec. 3. As used in this chapter, "legislative liaison" refers to an
individual:
(1) designated by an employer; and
(2) who receives at least ten percent (10%) of the individual's
annual compensation to engage in lobbying.
Sec. 4. (a) An employer shall annually file a single, aggregate
report of expenditures for lobbying activities by each of the
employer's legislative liaisons stating expenditures for
entertainment (including meals and drink) or gifts that:
(1) total per legislative person:
(A) fifty dollars ($50) or more in one (1) day; or
(B) together more than two hundred fifty dollars ($250)
during the calendar year; and
(2) would be reportable to the lobby registration commission
by a registered lobbyist under IC 2-7.
(b) A report under this section may not include the following:
(1) Items provided under a statute or from an agency for
redistribution to constituents.
(2) Items provided during the performance of official duties
by a legislative person, including the legislative person's
service as a member of, or participant in, any of the following:
(A) The legislative council.
(B) The budget committee.
(C) A standing or other committee established by the rules
of the house of representatives or the senate.
(D) A study committee established by statute or by the
legislative council.
(E) A statutory board or commission.
(3) A scholarship, student employment, or other financial aid
granted to a legislative person for attendance at a state
educational institution.
(4) Expenditures relating to an economic development effort,
function, or event by an agency, including those hosted by the
Indiana economic development corporation.
Sec. 5. (a) A report required by this chapter must:
(1) be filed with the commission not later than November 30
of each year; and
(2) cover the period from November 1 of the previous year
through October 31 of the year in which the report is filed.
(b) The first report required by this chapter must:
(1) be filed with the commission not later than November 30,
2011; and
(2) cover the period from November 1, 2010, through October
31, 2011.
Sec. 6. If an employer has no expenditures for entertainment
(including meals and drink) or gifts to report, a statement of that
fact is required and is sufficient to comply with the reporting
requirements of this chapter.
Sec. 7. (a) The commission shall post reports received under this
chapter on the commission's web site.
(b) If the commission does not receive a report from an
employer under this chapter, the commission shall notify the
employer and post a copy of the notice on the commission's web
site.
SOURCE: IC 2-7-1-1.5; IC 2-7-1-15; IC 2-7-1-17; IC 2-7-3-6.
; (10)EH1001.3.35. -->
SECTION 35. THE FOLLOWING ARE REPEALED [EFFECTIVE
NOVEMBER 1, 2010]: IC 2-7-1-1.5; IC 2-7-1-15; IC 2-7-1-17;
IC 2-7-3-6.
SOURCE: ; (10)EH1001.3.36. -->
SOURCE: -->
SECTION 36.
An emergency is declared for this act.