Bill Text: IN HB1346 | 2010 | Regular Session | Introduced
Bill Title: Legislative ethics.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Rules and Legislative Procedures [HB1346 Detail]
Download: Indiana-2010-HB1346-Introduced.html
Citations Affected: IC 2-2.1; IC 2-7; IC 3-8; IC 3-13-5-3.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
Digest Continued
ends 365 days 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. Provides that a lobbyist may not give a cash gift to a
legislator and that a legislator may not accept a cash gift from a
lobbyist. Makes technical changes. Repeals superseded statutes.
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
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
(b) 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 IC 2-2.1-4.
(2) Knowingly filing a false statement.
(3) Violation of section 9 or 10 of this chapter.
(c) In addition to any penalties that may be imposed on an
individual under subsection (a), the committee shall impose a civil
penalty of fifty dollars ($50) for each day:
(1) a statement is not filed after the deadline for filing the
statement; or
(2) that an error in a statement is not corrected after the day
the filer has been notified of the error.
(d) The clerk of the house of representatives and the secretary
of the senate shall publish on the web site maintained by the
general assembly a list of individuals who have filed a delinquent
statement.
(e) The house of representatives and senate may respectively
adopt rules to implement this section.
Chapter 4. Statements of Economic Interests
Sec. 1. The definitions in IC 2-2.1-3-1 apply throughout this chapter.
Sec. 2. As used in this chapter, "clerk" refers to the principal clerk of the house of representatives.
Sec. 3. As used in this chapter, "filer" refers to an individual who files a statement under this chapter.
Sec. 4. As used in this chapter, "secretary" refers to the secretary of the senate.
Sec. 5. As used in this chapter, "statement" refers to the statement of economic interests required by this chapter.
Sec. 6. (a) Not later than seven (7) calendar days following the first session day in January of each year, each member of the general assembly shall file with the clerk or the secretary, respectively, a written statement of the member's economic interests as provided in this chapter for the preceding calendar year.
(b) Before an individual who is not a member of the general assembly:
(1) files the individual's:
(A) declaration of candidacy;
(B) declaration of intent to be a write-in candidate; or
(C) petition of nomination;
for election as a member of the general assembly; or
(2) is selected as a candidate for election as a member of the general assembly under IC 3-13-1 or IC 3-13-2;
the individual shall file with the clerk or secretary, respectively, a
written statement of economic interests as provided in this chapter
for the preceding calendar year.
Sec. 7. (a) A statement shall be filed on forms provided by the
clerk or secretary.
(b) A statement must be open to public inspection, and copies
shall be made available to any person for a reasonable fee.
(c) The clerk and the secretary, respectively, shall make copies
of the statements filed under this section available on the Internet.
(d) The clerk and the secretary shall keep a statement filed with
either of them for one (1) year after the expiration of the term of
office during which the statement was filed.
Sec. 8. (a) Before July 1 each year, the Indiana lobby
registration commission shall furnish to the clerk and secretary a
complete list of the lobbyists registered for the previous twelve (12)
month period.
(b) Copies of the list provided under subsection (a) shall be
made available to an individual required to file a statement under
this chapter.
(c) The clerk and secretary shall distribute a copy of the list with
the forms for statements of economic interest.
Sec. 9. A filer may file an amended statement upon discovery of
additional information required to be reported.
Sec. 10. For purposes of this chapter, the value of property to be
reported shall be determined as of December 31 of the year that is
covered by the report.
Sec. 11. A statement must contain the full legal name of each of
the following:
(1) The filer.
(2) The filer's spouse.
Sec. 12. (a) For purposes of this section, the house of
representatives and senate are not considered employers.
(b) A statement must contain the following information
regarding employment:
(1) The following information relating to the filer:
(A) The filer's occupation.
(B) The name of each of the filer's employers.
(C) The nature of the business of each employer identified
under clause (B).
(D) The address of each employer identified under clause
(B).
(E) For each employer identified under clause (B), the
filer's job title.
(2) The following information relating to the filer's spouse:
(A) The filer's spouse's occupation.
(B) The name of each of the filer's spouse's employers.
(C) The nature of the business of each employer identified under clause (B).
(D) The address of each employer identified under clause (B).
(E) For each employer identified under clause (B), the filer's spouse's job title.
Sec. 13. A statement must contain the following information relating to real estate:
(1) The location of each parcel of real property in which the filer or the filer's spouse has an ownership interest. The location of a parcel of real property is sufficiently identified by the state and county in which the real property is located.
(2) A general description of each parcel of property identified in subdivision (1).
Sec. 14. (a) This section does not apply to stock and stock options in corporations reported under section 17 of this chapter.
(b) For purposes of this section, "investment" includes individual stocks and bonds owned in mutual funds.
(c) A statement must contain the name of each person, entity, or investment in which the filer or the filer's spouse has, jointly or severally, a direct ownership interest that satisfies either of the following:
(1) The ownership interest is more than five percent (5%) of the total interests in the person, entity, or investment.
(2) The ownership interest has a net fair market value greater than ten thousand dollars ($10,000).
Sec. 15. A statement must contain the following information regarding sole proprietorships and professional practices:
(1) The name of each sole proprietorship owned by the filer or the filer's spouse.
(2) The name of each professional practice operated by the filer or the filer's spouse.
(3) The nature of the business of each sole proprietorship or professional practice identified under subdivision (1) or (2).
Sec. 16. A statement must contain the following information regarding partnerships:
(1) The name of each partnership of which the filer or the filer's spouse is a member.
(2) The nature of the business of each partnership identified
under subdivision (1).
Sec. 17. A statement must contain the following information
regarding corporations:
(1) The name of each corporation of which the filer or the
filer's spouse is an officer or a director. A filer is not required
to list the name of a church under this subdivision.
(2) The nature of the business of each corporation identified
under subdivision (1).
(3) The name of each corporation of which the filer, the filer's
spouse, or the filer's unemancipated children own stock or
stock options having a fair market value of more than ten
thousand dollars ($10,000). The following are not required to
be listed under this subdivision:
(A) A time or demand deposit in a financial institution.
(B) An insurance policy.
(4) The name of any limited liability company in which the
filer or the filer's spouse has an interest.
Sec. 18. (a) For purposes of this section, the Indiana supreme
court is considered a state agency.
(b) For purposes of this section, a requirement to:
(1) file certain reports with the secretary of state; or
(2) register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler;
is not considered to be licensure or regulation.
(c) A statement must identify each state agency that licenses or
regulates any of the following:
(1) The filer's or the filer's spouse's profession or occupation.
(2) Any sole proprietorship, partnership, corporation, or
limited liability company identified under section 15, 16, or 17
of this chapter.
(3) For each state agency identified, the nature of the licensure
or regulation.
Sec. 19. (a) This section does not apply to purchases made by a
lobbyist from a retail business made in the ordinary course of
business at prices that are available to the general public.
(b) For purposes of this section, a business is considered a retail
business if the business is a retail merchant (as defined in
IC 6-2.5-1-8).
(c) A statement must disclose the name of any person whom the
filer knows to have been a lobbyist in the previous calendar year
and knows to have purchased any of the following:
(1) From the filer, the filer's sole proprietorship, or the filer's
family business, goods or services for which the lobbyist paid
more than one hundred dollars ($100).
(2) From the filer's partner, goods or services for which the
lobbyist paid more than one thousand dollars ($1,000).
Sec. 20. (a) This section does not require that a statement must
disclose a name related to any of the following:
(1) A campaign contribution.
(2) Gifts from a spouse or close relative unless the donor has
a substantial economic interest in a legislative matter.
(3) A gift 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 unless the contribution is made in the name of the
legislator filing the statement.
(b) A statement must disclose the name of any person from
whom the filer received any of the following:
(1) A single gift other than cash having a fair market value
greater than fifty dollars ($50).
(2) Gifts other than cash having a fair market value in the
aggregate of more than two hundred fifty dollars ($250).
(c) A statement must disclose the date of each gift that is
reported under subsection (b).
Sec. 21. (a) A statement must disclose the name of a lobbyist
who is:
(1) a member of a partnership or limited liability company;
(2) an officer or a director of a corporation; or
(3) a manager of a limited liability company;
of which the filer is a partner, an officer, a director, a member, or
an employee.
(b) The statement must provide a description of the legislative
matters that are the object of the lobbyist's activity.
Sec. 22. (a) This section does not require a filer to disclose
services described in this section if the filer rendered the services
without compensation.
(b) A statement must disclose the name of any person or entity
on whose behalf the filer has appeared before, contacted, or
transacted business with a state agency or state official.
(c) The statement must also disclose the following information
regarding each person or entity disclosed under subsection (b):
(1) The name of the state agency that the filer or with which
the filer:
(A) appeared before;
(B) contacted; or
(C) transacted business.
(2) The nature of the appearance, contact, or transaction.
(3) The cause number, if any.
(b) The term does not include
(b) The term does not include the president, a member of the board of trustees, or any other official or employee of a state educational institution.
(1) January 15.
(2) Five (5) days after the registrant becomes a lobbyist.
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 dollars ($10) per day for each day after the deadline until the statement is filed.
(c) The late registration fee shall not exceed one hundred dollars ($100).
(d) The commission may waive the late registration fee if the commission determines that the circumstances make imposition of the fee inappropriate.
following:
(1) his The following information about the lobbyist:
(A) The lobbyist's name.
(B) The lobbyist's Social Security number.
(C) The lobbyist's residence address and telephone number.
(D) The lobbyist's business address and telephone number.
and
(E) The addresses and telephone numbers of any temporary
living or business quarters he the lobbyist has in Marion
County.
(F) A photograph of the lobbyist.
(2) The name, business address, telephone number, and kind of
business of each person (including the names of each officer or
partner) who compensates him; the lobbyist.
(3) his The lobbyist's primary occupation and the name or names
of his the lobbyist's employers if different than those specified in
subdivision (2). and
(4) The subject matter of his the lobbyist's lobbying.
(b) A registered lobbyist may file a notice of termination within fifteen (15) days after
(b) A lobbyist shall file a separate activity report relating to each person from whom
(1) Not later than
(2) Not later than May 31, covering the period from February 1 through April 30.
(3) Not later than August 31, covering the period from May 1
through July 31.
(4) Not later than November 30, covering the period from May 1
August 1 through October 31.
(b) The commission shall provide a copy of an activity report to a
member of the general assembly at the request of the member.
(b) (c) Subject to subsections (c) and (d) and (e), the commission
shall impose a penalty of ten dollars ($10) per day for each day that the
person fails to file any report required by this chapter until the report
is filed.
(c) (d) The penalty shall not exceed one hundred dollars ($100) per
report.
(d) (e) The commission may waive the penalty if the commission
determines that the circumstances make imposition of the penalty
inappropriate.
(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.
(3) A statement of expenditures and gifts that equal
(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) 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) 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 fourth quarterly report, when total
amounts are required to be reported, totals shall be stated both for the
period covered by the statement report 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.
(b) A termination report shall contain the information required by section 3 of this chapter.
(1) The lobbyist has made a purchase described in
(2) The lobbyist has made a gift described in
(b) A report required by subsection (a) must state the following:
(1) The name of the lobbyist.
(2) Whether the report covers a purchase described in
(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 for the immediately preceding calendar year:
(A) Each purchase described in
(B) Each gift described in
(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
(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
disclose 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 three hundred sixty-five (365) days after the date the individual ceases to be a member of the general assembly.
(b) A member of the general assembly may not receive a gift of cash from a lobbyist.
(b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and state superintendent of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in accordance with
(3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a county court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
(b) A declaration is not valid unless filed in the office of the election division or circuit court clerk by noon on the seventy-fourth day before a primary election.
(c) This subsection applies to a candidate required to file a statement of economic interest under
(1) copy of the statement, file stamped by the office required to receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The election division shall reject a filing that does not comply with this subsection.
(b) A person who desires to be a candidate to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests under
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the chairman and precinct committeemen may adopt rules of procedure that are necessary to conduct business.
SECTION 18. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 2-2.1-3-2; IC 2-2.1-3-4.
