Bill Text: IN HB1250 | 2012 | Regular Session | Enrolled
Bill Title: State government nepotism.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1250 Detail]
Download: Indiana-2012-HB1250-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning state offices and administration.
(1) "Advisory body" means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations.
(2) "Agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic set up as an instrumentality of the state and a private, nonprofit, government related corporation. The term does not include any of the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A state educational institution.
(D) A political subdivision.
(3) "Appointing authority" means the following:
(A) Except as provided in clause (B), the chief administrative
officer of an agency. The term does not include a state officer.
(B) For purposes of section 16 of this chapter, "appointing
authority" means:
(i) an elected officer;
(ii) the chief administrative officer of an agency; or
(iii) an individual or group of individuals who have the
power by law or by lawfully delegated authority to make
appointments.
(4) "Assist" means to:
(A) help;
(B) aid;
(C) advise; or
(D) furnish information to;
a person. The term includes an offer to do any of the actions in
clauses (A) through (D).
(5) "Business relationship" includes the following:
(A) Dealings of a person with an agency seeking, obtaining,
establishing, maintaining, or implementing:
(i) a pecuniary interest in a contract or purchase with the
agency; or
(ii) a license or permit requiring the exercise of judgment or
discretion by the agency.
(B) The relationship a lobbyist has with an agency.
(C) The relationship an unregistered lobbyist has with an
agency.
(6) "Commission" refers to the state ethics commission created
under section 2 of this chapter.
(7) "Compensation" means any money, thing of value, or financial
benefit conferred on, or received by, any person in return for
services rendered, or for services to be rendered, whether by that
person or another.
(8) "Direct line of supervision" means the chain of command
in which the superior affects, or has the authority to affect,
the terms and conditions of the subordinate's employment,
including making decisions about work assignments,
compensation, grievances, advancements, or performance
evaluation.
(8) (9) "Employee" means an individual, other than a state officer,
who is employed by an agency on a full-time, a part-time, a
temporary, an intermittent, or an hourly basis. The term includes
an individual who contracts with an agency for personal services.
(9) (10) "Employer" means any person from whom a state officer
or employee or the officer's or employee's spouse received
compensation. For purposes of this chapter, a customer or client
of a self-employed individual in a sole proprietorship or a
professional practice is not considered to be an employer.
(10) (11) "Financial interest" means an interest:
(A) in a purchase, sale, lease, contract, option, or other
transaction between an agency and any person; or
(B) involving property or services.
The term includes an interest arising from employment or
prospective employment for which negotiations have begun. The
term does not include an interest of a state officer or employee in
the common stock of a corporation unless the combined holdings
in the corporation of the state officer or the employee, that
individual's spouse, and that individual's unemancipated children
are more than one percent (1%) of the outstanding shares of the
common stock of the corporation. The term does not include an
interest that is not greater than the interest of the general public
or any state officer or any state employee.
(11) (12) "Information of a confidential nature" means
information:
(A) obtained by reason of the position or office held; and
(B) which:
(i) a public agency is prohibited from disclosing under
IC 5-14-3-4(a);
(ii) a public agency has the discretion not to disclose under
IC 5-14-3-4(b) and that the agency has not disclosed; or
(iii) is not in a public record, but if it were, would be
confidential.
(12) (13) "Person" means any individual, proprietorship,
partnership, unincorporated association, trust, business trust,
group, limited liability company, or corporation, whether or not
operated for profit, or a governmental agency or political
subdivision.
(13) (14) "Political subdivision" means a county, city, town,
township, school district, municipal corporation, special taxing
district, or other local instrumentality. The term includes an
officer of a political subdivision.
(14) (15) "Property" has the meaning set forth in IC 35-41-1-23.
(16) "Relative"means any of the following:
(A) A spouse.
(B) A parent or stepparent.
(C) A child or stepchild.
(D) A brother, sister, stepbrother, or stepsister.
(E) A niece or nephew.
(F) An aunt or uncle.
(G) A daughter-in-law or son-in-law.
For purposes of this subdivision, an adopted child of an
individual is treated as a natural child of the individual. For
purposes of this subdivision, the terms "brother" and "sister"
include a brother or sister by the half blood.
(15) (17) "Represent" means to do any of the following on behalf
of a person:
(A) Attend an agency proceeding.
(B) Write a letter.
(C) Communicate with an employee of an agency.
(16) (18) "Special state appointee" means a person who is:
(A) not a state officer or employee; and
(B) elected or appointed to an authority, a board, a
commission, a committee, a council, a task force, or other
body designated by any name that:
(i) is authorized by statute or executive order; and
(ii) functions in a policy or an advisory role in the executive
(including the administrative) department of state
government, including a separate body corporate and politic.
(17) (19) "State officer" means any of the following:
(A) The governor.
(B) The lieutenant governor.
(C) The secretary of state.
(D) The auditor of state.
(E) The treasurer of state.
(F) The attorney general.
(G) The superintendent of public instruction.
(18) (20) The masculine gender includes the masculine and
feminine.
(19) (21) The singular form of any noun includes the plural
wherever appropriate.
(b) The definitions in IC 4-2-7 apply throughout this chapter.
(b) As used in this section, "employed" refers to all employment, including full-time, part-time, temporary, intermittent, or hourly. The term includes service as a state officer or special state
appointee.
(c) An individual employed in an agency may not hire a relative.
(d) Except as provided in subsection (e), an individual may not
be employed in the same agency in which an individual's relative
is the appointing authority.
(e) An individual may be employed in the same agency in which
the individual's relative is the appointing authority, if the
individual has been employed in the same agency for at least twelve
(12) consecutive months immediately preceding the date the
individual's relative becomes the appointing authority.
(f) Except as provided in subsection (e), an individual may not
be placed in a relative's direct line of supervision.
(g) An individual employed in an agency may not contract with
or supervise the work of a business entity of which a relative is a
partner, executive officer, or sole proprietor.
(h) Any person within an agency who knowingly participates in
a violation of this chapter is subject to the penalties set forth in
section 12 of this chapter.
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