Introduced Version
HOUSE BILL No. 1183
_____
DIGEST OF INTRODUCED BILL
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Repeals superseded statutes.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.
Day, Foley
January 9, 2012, read first time and referred to Committee on Rules and Legislative
Procedures.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1183
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 2-2.1-3-13; (12)IN1183.1.1. -->
SECTION 1. IC 2-2.1-3-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 13. (a) This section does not apply to the
following:
(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.
SOURCE: IC 2-7-3-3; (12)IN1183.1.2. -->
SECTION 2. IC 2-7-3-3, AS AMENDED BY P.L.225-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: 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.
(E) Gifts made to a legislative person.
(3) Subject to section 3.5 of this chapter, a statement of each:
(A) expenditure for entertainment (including meals and drink);
or
(B) gift;
that equals fifty dollars ($50) or more in one (1) day, or
expenditures for entertainment (including meals and drink) or
gifts that together total more than two hundred fifty dollars ($250)
during the reporting year, if the expenditures and gifts are made
by the lobbyist or the lobbyist's agent to benefit a specific
legislative person.
(4) (3) A list of the general subject matter of each bill or
resolution concerning which a lobbying effort was made within
the registration period.
(5) (4) 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; (12)IN1183.1.3. -->
SECTION 3. IC 2-7-3-3.3 IS REPEALED [EFFECTIVE JANUARY
1, 2013]. 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; (12)IN1183.1.4. -->
SECTION 4. IC 2-7-3-3.5, AS ADDED BY P.L.58-2010, SECTION
19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: 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) (a) 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) (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).
SOURCE: IC 2-7-5-8; (12)IN1183.1.5. -->
SECTION 5. IC 2-7-5-8 IS REPEALED [EFFECTIVE JANUARY
1, 2013].
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 2-7-5-11; (12)IN1183.1.6. -->
SECTION 6. IC 2-7-5-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 11. (a) This section does not apply to the
following:
(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.
SOURCE: IC 2-7-6-2; (12)IN1183.1.7. -->
SECTION 7. IC 2-7-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a)
Any A person who
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.
SOURCE: IC 2-7-6-6; (12)IN1183.1.8. -->
SECTION 8. IC 2-7-6-6, AS AMENDED BY P.L.58-2010,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: 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 legislative
person required by 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 5-14-7-4; (12)IN1183.1.9. -->
SECTION 9. IC 5-14-7-4, AS ADDED BY P.L.58-2010, SECTION
34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: 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.
SOURCE: IC 5-14-7-8; (12)IN1183.1.10. -->
SECTION 10. IC 5-14-7-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]:
Sec. 8. (a) This section does not apply to the
following:
(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.
SOURCE: IC 35-51-2-1; (12)IN1183.1.11. -->
SECTION 11. IC 35-51-2-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The following statutes define crimes in IC 2:
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).
SOURCE: IC 35-51-5-1; (12)IN1183.1.12. -->
SECTION 12. IC 35-51-5-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The following statutes define crimes in IC 5:
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).