Bill Text: IN HB1183 | 2012 | Regular Session | Introduced
Bill Title: Lobbyist gift and entertainment ban.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Rules and Legislative Procedures [HB1183 Detail]
Download: Indiana-2012-HB1183-Introduced.html
Citations Affected: IC 2-2.1-3-13; IC 2-7; IC 5-14-7; IC 35-51.
Synopsis: Lobbyist gift and entertainment ban. 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 or entertainment from a lobbyist, a legislative liaison, or
an employer of a legislative liaison. Provides that a lobbyist, a
legislative liaison, or an employer of a legislative liaison may not give
a gift or provide entertainment to any of these persons. Provides
exceptions for close relatives and under other described circumstances.
Repeals superseded statutes. Provides that a violation of any of the
prohibitions on giving or accepting gifts from lobbyists, legislative
liaisons, or employers of legislative liaisons is a Class B misdemeanor.
Effective: July 1, 2012; January 1, 2013.
January 9, 2012, 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) A gift given or entertainment provided by a lobbyist, a legislative liaison, or an employer of a legislative liaison that is for the benefit of the following on a given occasion:
(A) While the general assembly is in session, all the members of any of the following legislative bodies:
(i) The general assembly.
(ii) The house of representatives.
(iii) The senate.
(B) While the general assembly is not in session, all the members of any legislative body.
(2) A gift given or entertainment provided by a lobbyist or legislative liaison who is a close relative of the individual to whom the gift is given or the entertainment is provided.
(3) Items provided under a statute or from an agency for redistribution to constituents.
(4) 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.
(5) A scholarship, student employment, or other financial aid granted to a legislative person for attendance at a state educational institution.
(6) Expenditures relating to an economic development effort, function, or event by an agency, including those hosted by the Indiana economic development corporation.
(b) The definitions in IC 2-7-1 and IC 5-14-7 apply in this section.
(c) A legislative person may not accept a gift from, or entertainment provided by, a lobbyist, a legislative liaison, or an employer of a legislative liaison.
(d) A legislative person who knowingly or intentionally accepts a gift or entertainment 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.
(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.
particular legislative person.
(d) (b) 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) (c) An activity report may not report a contribution (as defined
in IC 3-5-2-15).
inform the particular legislative person of the cost of the gift at the time
the lobbyist seeks the consent of the legislative person.
(1) A gift given or entertainment provided by a lobbyist that is for the benefit of the following on a given occasion:
(A) While the general assembly is in session, all the members of any of the following legislative bodies:
(i) The general assembly.
(ii) The house of representatives.
(iii) The senate.
(B) While the general assembly is not in session, all the members of any legislative body.
(2) A gift given or entertainment provided by a lobbyist who is a close relative of the individual to whom the gift is given or the entertainment is provided.
(3) Items provided under a statute or from an agency for redistribution to constituents.
(4) 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.
(5) A scholarship, student employment, or other financial aid granted to a legislative person for attendance at a state educational institution.
(6) Expenditures relating to an economic development effort, function, or event by an agency, including those hosted by the Indiana economic development corporation.
(b) A lobbyist may not give a gift to, or make an expenditure for entertainment for, any legislative person.
(c) Notwithstanding IC 2-7-6-2, a person who knowingly or intentionally violates this section commits a Class B misdemeanor.
knowingly or intentionally violates any provision of IC 2-7-2, IC 2-7-3,
or IC 2-7-5 the following commits unlawful lobbying, a Class D
felony:
(1) IC 2-7-2.
(2) IC 2-7-3.
(3) IC 2-7-5, except as provided in IC 2-7-5-11.
(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.
(b) (c) Any person who lobbies in contravention of a court order
under subsection (a) of this section (b) commits a Class D felony.
(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.
(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.
(1) A gift given or entertainment provided by a legislative liaison or an employer of a legislative liaison that is for the benefit of the following on a given occasion:
(A) While the general assembly is in session, all the members of any of the following legislative bodies:
(i) The general assembly.
(ii) The house of representatives.
(iii) The senate.
(B) While the general assembly is not in session, all the members of any legislative body.
(2) A gift given or entertainment provided by a legislative liaison who is a close relative of the individual to whom the gift is given or the entertainment is provided.
(3) Items provided under a statute or from an agency for redistribution to constituents.
(4) 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.
(5) A scholarship, student employment, or other financial aid
granted to a legislative person for attendance at a state
educational institution.
(6) Expenditures relating to an economic development effort,
function, or event by an agency, including those hosted by the
Indiana economic development corporation.
(b) A legislative liaison or an employer of a legislative liaison
may not give a gift to, or make an expenditure for entertainment
for, any legislative person.
(c) A legislative liaison or the employer of a legislative liaison
who knowingly or intentionally violates this section commits a
Class B misdemeanor.
IC 2-2.1-3-13 (Concerning lobbying).
IC 2-4-1-4 (Concerning legislative investigations).
IC 2-7-5-11 (Concerning lobbying).
IC 2-7-6-2 (Concerning lobbying).
IC 2-7-6-3 (Concerning lobbying).
IC 2-7-6-4 (Concerning lobbying).
IC 5-1-4-22 (Concerning hospital bonding authorities).
IC 5-2-2-11 (Concerning the law enforcement academy building commission).
IC 5-2-4-7 (Concerning criminal intelligence information).
IC 5-10.4-3-16 (Concerning the Indiana state teacher's retirement fund).
IC 5-11-1-18 (Concerning state board of accounts).
IC 5-11-10-3 (Concerning certification of claims).
IC 5-13-14-3 (Concerning public funds).
IC 5-13-14-4 (Concerning public funds).
IC 5-14-3-10 (Concerning access to public records).
IC 5-14-7-8 (Concerning lobbying).
IC 5-15-6-8 (Concerning local public records commissions).
IC 5-16-7-3 (Concerning wage scale of contractor's and subcontractors employees).
IC 5-16-9-5 (Concerning parking for persons with physical
disabilities).
IC 5-17-1-5 (Concerning public purchases).
IC 5-17-1-6 (Concerning public purchases).
IC 5-28-15-7 (Concerning enterprise zones).
IC 5-28-15-8 (Concerning enterprise zones).
