Bill Text: IN HB1029 | 2010 | Regular Session | Introduced
Bill Title: Lobbyists; campaign contributions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Rules and Legislative Procedures [HB1029 Detail]
Download: Indiana-2010-HB1029-Introduced.html
Citations Affected: IC 2-2.1-3; IC 2-7; IC 3-9; IC 3-14-1-17.
Synopsis: Lobbyists; campaign contributions. Provides that a member
of the general assembly, a candidate for a legislative office, an officer
of the general assembly, an employee of the general assembly, or a
member of the immediate family of any of these persons may not
accept a gift from a lobbyist. Provides that a lobbyist may not give a
gift to any of these persons. Provides an exception for members of an
immediate family. Provides that a violation of any of the prohibitions
on giving or accepting gifts from lobbyists is a Class B misdemeanor.
Provides that an individual who has served as a member of the general
assembly may not register as a legislative branch lobbyist during the
period that ends two years after the date the individual ceases to be a
member of the general assembly. Provides that the prohibition applies
only to an individual who ceases to be a member of the general
assembly after June 30, 2010. Establishes limits on contributions made
to individual candidates for state offices and legislative offices by
corporations, labor organizations, political action committees, and
persons other than political party committees and candidates'
committees. Provides civil and criminal penalties for violations.
Effective: July 1, 2010; January 1, 2011.
January 5, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
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A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
(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
(8) The name of any person or entity from whom the member or candidate received the following:
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) (B) 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) 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) 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) 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.
(1) An expenditure by a lobbyist that is for the benefit of all the members of the general assembly on a given occasion.
(2) A gift given by a lobbyist who is a member of the immediate family of the individual to whom the gift is given.
(b) The following may not accept a gift from a lobbyist:
(1) A member of the general assembly.
(2) A candidate for a legislative office (as defined in IC 3-5-2-28).
(3) An officer of the general assembly.
(4) An employee of the general assembly.
(5) A member of the immediate family of anyone described in subdivisions (1) through (4).
(c) A person who knowingly or intentionally accepts a gift in violation of this section commits a Class B misdemeanor.
(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.
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.
to that member.
(b) A report required by subsection (a) must state the following:
(1) The name of the lobbyist.
(2) Whether That the report covers a purchase described in
IC 2-2.1-3-2(a)(7). or a gift described in IC 2-2.1-3-2(a)(8).
(c) A lobbyist shall file a copy of a report required by this section
with all the following:
(1) The commission.
(2) The member of the general assembly with respect to whom the
report is made.
(3) The principal clerk of the house of representatives, if the
legislator is a member of the Indiana house of representatives.
(4) The secretary of the senate, if the legislator is a member of the
Indiana senate.
(d) A lobbyist shall file a report required by subsection (a) not later
than seven (7) days after making the purchase. or giving the gift.
(e) Not later than January 7, the commission shall provide to each
member of the general assembly a written compilation of all reports
filed under subsection (c) relating to that member. The compilation
must satisfy the following:
(1) For each member, the compilation must list the following
each purchase described in IC 2-2.1-3-2(a)(7) for the
immediately preceding calendar year.
(A) Each purchase described in IC 2-2.1-3-2(a)(7).
(B) Each gift described in IC 2-2.1-3-2(a)(8) itemized as
follows:
(i) Any gift of cash from the lobbyist.
(ii) Any single gift from the lobbyist other than cash having
a fair market value that exceeds one hundred dollars ($100).
(iii) Any gifts from the lobbyist other than cash having a fair
market value in the aggregate that exceeds two hundred fifty
dollars ($250).
(2) For each purchase, or gift, the compilation must identify the
name of the lobbyist making the purchase. or giving the gift.
(1) Any individual convicted of a felony for violating any law while the individual was an officer or employee of any agency of state government or a unit of local government.
(2) Any person convicted of a felony relating to lobbying.
(3) Any person convicted of a felony and who:
(A) is in prison;
(B) is on probation; or
(C) has been in prison or on probation within the immediate past one (1) year.
(4) Any person:
(A) whose statement or report required to be filed under this article was found to be materially incorrect as a result of a determination under IC 2-7-6-5; and
(B) who has not filed a corrected statement or report for that year when requested to do so by the commission.
(5) Any person who has failed to pay a civil penalty assessed under IC 2-7-6-5.
(6) Any person who is on the most recent tax warrant list supplied to the commission by the department of state revenue until:
(A) the person provides a statement to the commission indicating that the person's delinquent tax liability has been satisfied; or
(B) the commission receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
(b) An individual who:
(1) has served as a member of the general assembly; and
(2) ceases to be a member of the general assembly after June 30, 2010;
may not be registered as a lobbyist under this article during the period that ends two (2) years after the date that the individual ceases to be a member of the general assembly.
(1) An expenditure that is for the benefit of all the members of the general assembly on a given occasion.
(2) A gift given by a lobbyist who is a member of the immediate family of the individual to whom the gift is given.
(b) As used in this section, "candidate" has the meaning set forth in IC 3-5-2-6.
(c) As used in this section, "legislative office" has the meaning set forth in IC 3-5-2-28.
(d) A lobbyist may not give a gift to any of the following:
(1) A member of the general assembly.
(2) A candidate for a legislative office.
(3) An officer of the general assembly.
(4) An employee of the general assembly.
(5) A member of the immediate family of anyone described in subdivisions (1) through (4).
(e) Notwithstanding subsection (a), a lobbyist may not make a contribution 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 members of the general assembly in the name of a member of the general assembly.
(f) Notwithstanding IC 2-7-6-2, a person who knowingly or intentionally violates this section commits a Class B misdemeanor.
(1) IC 2-7-2.
(2) IC 2-7-3.
(3) IC 2-7-5, except as provided in IC 2-7-5-7.
(b) In addition to any penalty imposed on the defendant under IC 35-50-2-7 for unlawful lobbying, the court may order the defendant not to engage in lobbying for a period of up to ten (10) years, IC 2-7-5-6 notwithstanding.
in any manner among regular party committees organized by a
legislative caucus of the senate of the general assembly.
(6) (3) An aggregate of two thousand dollars ($2,000) apportioned
in any manner among regular party committees organized by a
legislative caucus of the house of representatives of the general
assembly.
(7) (4) An aggregate of two thousand dollars ($2,000) apportioned
in any manner among all candidates for school board offices and
local offices. and
(8) (5) An aggregate of two thousand dollars ($2,000) apportioned
in any manner among all central committees other than state
committees.
(1) One thousand dollars ($1,000) to each candidate for a state office. This subdivision applies to a judge of the court of appeals whose retention in office is voted on by a district that does not include all of Indiana.
(2) Five hundred dollars ($500) to each candidate for the senate of the general assembly.
(3) Five hundred dollars ($500) to each candidate for the house of representatives of the general assembly.
(b) If a corporation, labor organization, or political action committee does not make:
(1) a contribution to a candidate; or
(2) the maximum contribution to a candidate;
permitted under subsection (a), the unused amount of the contribution permitted under subsection (a) may not be applied to any other candidate.
(b) This section does not apply to a contribution made by the following:
(1) A corporation.
(2) A labor organization.
(3) A political action committee.
(4) A central committee.
(5) A regular party committee organized by a legislative caucus of the general assembly.
(6) A candidate's committee.
(c) This section does not apply to a contribution made by a candidate to the candidate's own committee.
(d) During a year, a person may make only the following contributions:
(1) Not more than one thousand dollars ($1,000) to each candidate for a state office.
(2) Not more than five hundred dollars ($500) to each candidate for a legislative office.
(e) If a person does not make:
(1) a contribution to a candidate; or
(2) the maximum contribution to a candidate;
permitted under subsection (d), the unused amount of the contribution permitted under subsection (d) may not be applied to any other candidate.
(1) Fails to file with the election division a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions on the committee's behalf.
(5) Is the following:
(A) A corporation or labor organization that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.
(B) A corporation, labor organization, or political action committee that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.5.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(16) Makes a contribution that exceeds any of the limitations
on contributions prescribed by IC 3-9-2-4.7.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the commission determines that a person failed to file the
amended report or statement of organization not later than noon five (5)
days after being given notice under section 14 of this chapter, the
commission may assess a civil penalty. The penalty is ten dollars ($10)
for each day the report is late after the expiration of the five (5) day
period, not to exceed one hundred dollars ($100) plus any investigative
costs incurred and documented by the election division. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the commission determines that a person failed to file the
report or statement of organization by the deadline prescribed under
this article, the commission shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report or statement is late, with the
afternoon of the final date for filing the report or statement being
calculated as the first day. The civil penalty under this subsection may
not exceed one thousand dollars ($1,000) plus any investigative costs
incurred and documented by the election division. The civil penalty
limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the commission determines that a person is subject to a civil
penalty under subsection (a), the commission may assess a civil penalty
of not more than one thousand dollars ($1,000), plus any investigative
costs incurred and documented by the election division.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5) or (a)(16). If the commission
determines that a person is subject to a civil penalty under subsection
(a)(5) or (a)(16), the commission may assess a civil penalty of not
more than three (3) times the amount of the contribution in excess of
the limit prescribed by IC 3-9-2-4, plus any investigative costs incurred
and documented by the election division.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the commission determines that a
candidate or the candidate's committee has violated IC 3-9-2-12, the
commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the
election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the commission determines that a
corporation or a labor organization has failed to designate a
contribution in violation of IC 3-9-2-5(c), the commission shall assess
a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has violated IC 3-9-3-5, the commission may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(14), the commission may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.
(j) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(15). The commission may assess a civil
penalty equal to the costs incurred by the election division for the
manual entry of the data contained in the report or statement, plus any
investigative costs incurred and documented by the election division.
(k) All civil penalties collected under this section shall be deposited
with the treasurer of state in the campaign finance enforcement
account.
(l) Proceedings of the commission under this section are subject to
IC 4-21.5.
