Bill Text: IN HB1353 | 2012 | Regular Session | Introduced
Bill Title: Limitation on lobbyist expenditures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Rules and Legislative Procedures [HB1353 Detail]
Download: Indiana-2012-HB1353-Introduced.html
Citations Affected: IC 2-2.1-3; IC 2-7; IC 3-5-2-15; IC 3-9-5-14;
IC 4-2-6; IC 5-14-7; IC 5-22.5; IC 35-51-5-1.
Synopsis: Limitation on lobbyist expenditures. Provides that a person
who has a business relationship with a governmental body may not give
a gift to an employee of that governmental body or to an elected official
that serves that governmental body. Defines "business relationship" as
seeking or having a contract with a governmental body or being an
executive or legislative branch lobbyist with the state. Provides
exceptions for nominal gifts, gifts given between close relatives, and
gifts given by a political action committee to an elected official.
Provides that a violation of the prohibition is a Class A misdemeanor.
Makes conforming amendments to various statutes.
Effective: January 1, 2013.
January 10, 2012, read first time and referred to Committee on Rules and Legislative
Procedures.
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 state
and local administration.
return for services rendered, or for services to be rendered,
whether by that person or another.
(d) "Contribution" means any advance, conveyance, deposit,
distribution, transfer of funds, loan, payment, gift, pledge, or
subscription of money or anything of value, and any contract,
agreement, promise, or other obligation, whether or not legally
enforceable, to make a contribution in support of any candidate for the
house of representatives or senate. The term "contribution" does not
include services by speakers, writers, publishers, or others for which no
compensation is asked or given.
(e) (4) "Employer" means any person or entity from whom the
member of or candidate for the general assembly or his the
member's or candidate's spouse received more than thirty-three
percent (33%) of his the member's or candidate's nonlegislative
income.
(f) "Family business" means a corporation in which the member of
or candidate for the general assembly and his spouse own at least
eighty percent (80%) of the voting stock, regardless of whether all or
a portion is owned jointly or severally.
(5) "Gift" has the meaning set forth in IC 5-22.5-1-5.
(g) (6) "House" means the Indiana house of representatives.
(h) (7) "Information of a confidential nature" means information
obtained by reason of the position or office held and which
information has not been, or will not be, communicated to the
general public.
(i) (8) "Legislative matter" means any bill, resolution, or other
issue or proposal presented in, or considered by, the house or
senate or any committee or subcommittee thereof.
(j) (9) "Lobbyist" means any person, firm, corporation, limited
liability company, or association registered under IC 2-7-2.
(k) (10) "Person or entity" means any individual, proprietorship,
limited liability company, partnership, unincorporated
association, trust, business trust, group, or corporation, whether
or not operated for profit, or a governmental agency or political
subdivision.
(l) (11) "Senate" means the Indiana senate.
(m) (12) "State agency" means any department, commission,
council, board, bureau, division, service, office, officer,
administration, or other establishment in the executive or
administrative branch of state government. The term "state
agency" does not include state educational institutions or the
agencies of any municipality or political subdivision of the state.
(1) Willful failure to file a required statement by the deadline prescribed in this chapter or knowingly filing a false statement.
(2) Knowing violation of section 9, 9.5,
(b) IC 5-22.5-3 applies to the receipt of gifts from a lobbyist by a legislative person.
(c) A legislative person who knowingly or intentionally accepts a gift or entertainment in violation of IC 5-22.5-3 is subject to the following, in addition to any penalties imposed under IC 5-22.5-3:
(1) Section 12 of this chapter if the legislative person is a member of the general assembly.
(2) If the legislative person is not a member of the general assembly, discipline according to the rules of the house of representatives, the senate, or agency of the legislative branch applicable to the legislative person.
(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.
(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.
(1) IC 2-7-2.
(2) IC 2-7-3.
(3) IC 2-7-5, except 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.
(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.
(1) The donation is made for the purpose of influencing any of the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to another, the accepting committee is considered to be receiving a contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal services of a person whose compensation is being paid by a third person, the candidate or committee is considered to be receiving a contribution from the third person in the amount of the compensation paid.
(d) Notwithstanding subsection (a), whenever a candidate or a committee accepts the personal services of a volunteer who is not being compensated, the candidate or committee is not considered to be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political action committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
(f) The term "contribution" includes a gift permitted to be given under IC 5-22.5-3-3.
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 14. (a) As used
in this section, "threshold contribution amount" refers to the following:
(1) For contributions made to a candidate's committee, a
legislative caucus committee, or a political action committee, one
hundred dollars ($100).
(2) For contributions made to a regular party committee, two
hundred dollars ($200).
(b) The report of each committee's treasurer must disclose the
following:
(1) The amount of cash on hand and the value of any investments
made by the committee at the beginning of the reporting period.
(2) The total sum of individual contributions including
transfers-in, accepted by the committee during its reporting
period.
(3) The following information regarding each person who has
made one (1) or more contributions within the year, in an
aggregate amount that exceeds the threshold contribution amount
in actual value to or for the committee, including the purchase of
tickets for events such as dinners, luncheons, rallies, and similar
fundraising events:
(A) The full name of the person.
(B) The full mailing address of the person making the
contribution.
(C) The person's occupation, if the person is an individual who
has made contributions to the committee of at least one
thousand dollars ($1,000) during the calendar year.
(D) The date and amount of each contribution.
(4) The name and address of each committee from which the
reporting committee received, or to which that committee made,
a transfer of funds, together with the amounts and dates of all
transfers.
(5) If the reporting committee is a candidate's committee, the
following information about each other committee that has
reported expenditures to the reporting candidate's committee
under section 15 of this chapter:
(A) The name and address of the other committee.
(B) The amount of expenditures reported by the other
committee.
(C) The date of the expenditures reported by the other
committee.
(D) The purpose of the expenditures reported by the other
committee.
(6) Each loan to or from a person within the reporting period together with the following information:
(A) The full names and mailing addresses of the lender and endorsers, if any.
(B) The person's occupation, if the person is an individual who has made loans of at least one thousand dollars ($1,000) to the committee during the calendar year.
(C) The date and amount of the loans.
(7) The total sum of all receipts of the committee during the reporting period.
(8) The full name, mailing address, occupation, and principal place of business, if any, of each person other than a committee to whom an expenditure was made by the committee or on behalf of the committee within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate's committee, legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee.
(9) The name, address, and office sought by each candidate for whom any expenditure was made or a statement identifying the public question for which any expenditure was made, including the amount, date, and purpose of each expenditure.
(10) The full name, mailing address, occupation, and principal place of business, if any, of each person to whom an expenditure for personal services, salaries, or reimbursed expenses was made within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate's committee, legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee;
and that is not otherwise reported, including the amount, date, and purpose of the expenditure.
(11) The total sum of expenditures made by the committee during the reporting period.
(12) The amount and nature of debts owed by or to the committee, and a continuous reporting of the debts after the election at the times required under this article until the debts are extinguished.
(13) If the committee is a political action committee, the value of each gift permitted to be given under IC 5-22.5-3-3, regardless of the value of the gift.
(c) If a committee:
(1) obtains a contribution;
(2) determines that the contribution should not be accepted by the committee; and
(3) does not receive and accept the contribution under IC 3-9-1-25(b);
the committee must return the contribution to the person who made the contribution. A returned contribution is not required to be listed on the report of the committee's treasurer. However, if the committee receives and deposits the contribution under IC 3-9-1-25(b) and subsequently determines that the contribution should be refunded, the receipt and refund of the contribution must be listed on the report of the committee's treasurer.
(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 chief administrative officer of an agency. The term does not include a state officer.
(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) "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) "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) "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) "Gift" has the meaning set forth in IC 5-22.5-1-5.
(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.
(A) Attend an agency proceeding.
(B) Write a letter.
(C) Communicate with an employee of an agency.
(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.
(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.
(b) The definitions in IC 4-2-7 apply throughout this chapter.
(1) The governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and state superintendent of public instruction.
(2) Any candidate for one (1) of the offices in subdivision (1) who is not the holder of one (1) of those offices.
(3) Any person who is the appointing authority of an agency.
(4) The director of each division of the department of administration.
(5) Any purchasing agent within the procurement division of the department of administration.
(6) Any agency employee, special state appointee, former agency employee, or former special state appointee with final purchasing authority.
(7) The chief investment officer employed by the Indiana public retirement system.
(8) Any employee of the Indiana public retirement system whose duties include the recommendation, selection, and management of:
(A) the investments of the funds administered by the Indiana public retirement system;
(B) the investment options offered in the annuity savings accounts in the public employees' retirement fund and the Indiana state teachers' retirement fund;
(C) the investment options offered in the legislators' defined contribution plan; or
(D) investment managers, investment advisors, and other investment service providers of the Indiana public retirement system.
(9) An employee required to do so by rule adopted by the inspector general.
(b) The statement shall be filed with the inspector general as follows:
(1) Not later than February 1 of every year, in the case of the state officers and employees enumerated in subsection (a).
(2) If the individual has not previously filed under subdivision (1)
during the present calendar year and is filing as a candidate for a
state office listed in subsection (a)(1), before filing a declaration
of candidacy under IC 3-8-2 or IC 3-8-4-11, petition of
nomination under IC 3-8-6, or declaration of intent to be a
write-in candidate under IC 3-8-2-2.5, or before a certificate of
nomination is filed under IC 3-8-7-8, in the case of a candidate for
one (1) of the state offices (unless the statement has already been
filed when required under IC 3-8-4-11).
(3) Not later than sixty (60) days after employment or taking
office, unless the previous employment or office required the
filing of a statement under this section.
(4) Not later than thirty (30) days after leaving employment or
office, unless the subsequent employment or office requires the
filing of a statement under this section.
The statement must be made under affirmation.
(c) The statement shall set forth the following information for the
preceding calendar year or, in the case of a state officer or employee
who leaves office or employment, the period since a previous statement
was filed:
(1) The name and address of any person known:
(A) to have a business relationship with the agency of the state
officer or employee or the office sought by the candidate; and
(B) from whom the state officer, candidate, or the employee,
or that individual's spouse or unemancipated children received
a gift or gifts having a total fair market value in excess of one
hundred dollars ($100).
(2) (1) The location of all real property in which the state officer,
candidate, or the employee or that individual's spouse or
unemancipated children has an equitable or legal interest either
amounting to five thousand dollars ($5,000) or more or
comprising ten percent (10%) of the state officer's, candidate's, or
the employee's net worth or the net worth of that individual's
spouse or unemancipated children. An individual's primary
personal residence need not be listed, unless it also serves as
income property.
(3) (2) The names and the nature of the business of the employers
of the state officer, candidate, or the employee and that
individual's spouse.
(4) (3) The following information about any sole proprietorship
owned or professional practice operated by the state officer,
candidate, or the employee or that individual's spouse:
(A) The name of the sole proprietorship or professional
practice.
(B) The nature of the business.
(C) Whether any clients are known to have had a business
relationship with the agency of the state officer or employee or
the office sought by the candidate.
(D) The name of any client or customer from whom the state
officer, candidate, employee, or that individual's spouse
received more than thirty-three percent (33%) of the state
officer's, candidate's, employee's, or that individual's spouse's
nonstate income in a year.
(5) (4) The name of any partnership of which the state officer,
candidate, or the employee or that individual's spouse is a member
and the nature of the partnership's business.
(6) (5) The name of any corporation (other than a church) of
which the state officer, candidate, or the employee or that
individual's spouse is an officer or a director and the nature of the
corporation's business.
(7) (6) The name of any corporation in which the state officer,
candidate, or the employee or that individual's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000).
However, if the stock is held in a blind trust, the name of the
administrator of the trust must be disclosed on the statement
instead of the name of the corporation. A time or demand deposit
in a financial institution or insurance policy need not be listed.
(8) (7) The name and address of the most recent former employer.
(9) (8) Additional information that the person making the
disclosure chooses to include.
Any such state officer, candidate, or employee may file an amended
statement upon discovery of additional information required to be
reported.
(d) A person who:
(1) fails to file a statement required by rule or this section in a
timely manner; or
(2) files a deficient statement;
upon a majority vote of the commission, is subject to a civil penalty at
a rate of not more than ten dollars ($10) for each day the statement
remains delinquent or deficient. The maximum penalty under this
subsection is one thousand dollars ($1,000).
(e) A person who intentionally or knowingly files a false statement
commits a Class A infraction.
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 12. (a) If the commission finds a violation
of:
(1) this chapter;
(2) IC 4-2-7; or
(3) IC 4-2-8; or
(4) a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8; or
(5) IC 5-22.5-3-3 by a state officer, an employee, or a special
state appointee;
in a proceeding under section 4 of this chapter, the commission may
take any of the following actions described in subsection (b).
(b) The commission may take any of the following actions if it
finds a violation under subsection (a):
(1) Impose a civil penalty upon a respondent not to exceed three
(3) times the value of any benefit received from the violation.
(2) Cancel a contract.
(3) Bar a person from entering into a contract with an agency or
a state officer for a period specified by the commission.
(4) Order restitution or disgorgement.
(5) Reprimand, suspend, or terminate an employee or a special
state appointee.
(6) Reprimand or recommend the impeachment of a state officer.
(7) Bar a person from future state employment as an employee or
future appointment as a special state appointee.
(8) Revoke a license or permit issued by an agency.
(9) Bar a person from obtaining a license or permit issued by an
agency.
(10) Revoke the registration of a person registered as a lobbyist
under IC 4-2-8.
(11) Bar a person from future lobbying activity with a state officer
or agency.
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.
ARTICLE 22.5. GOVERNMENT ETHICS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. (a) "Close relative" of an individual refers to any of the following:
(1) The individual's spouse.
(2) A parent of the individual or a parent of the individual's spouse.
(3) A child of the individual or a child of the individual's spouse.
(4) A sibling of the individual or a sibling of the individual's spouse.
(5) An aunt or an uncle of the individual or an aunt or uncle of the individual's spouse.
(6) A niece or nephew of the individual or a niece or nephew of the individual's spouse.
(7) A grandparent of the individual or a grandparent of the individual's spouse.
(8) A grandchild of the individual or a grandchild of the individual's spouse.
(9) A great-grandparent of the individual or a great-grandparent of the individual's spouse.
(10) A great-grandchild of the individual or a great-grandchild of the individual's spouse.
(b) A relative by adoption, half-blood, marriage, or remarriage is considered as a relative of whole kinship.
Sec. 3. "Elected official" refers to an individual who holds any of the following offices:
(1) A state office (as defined in IC 3-5-2-48).
(2) A legislative office (as defined in IC 3-5-2-28).
(3) A local office (as defined in IC 3-5-2-29).
(4) A school board office (as defined in IC 3-5-2-45).
Sec. 4. "Executive branch lobbyist" means an individual who seeks to influence decision making of a state agency and who is registered as an executive branch lobbyist under rules adopted by the Indiana department of administration.
Sec. 5. (a) "Gift" means the voluntary transfer of any property that has value without consideration.
(b) The term includes a gift that may be classified for tax purposes as entertainment.
(c) The term does not include any of the following:
(1) A contribution (as defined in IC 3-5-2-15) except a gift permitted under IC 5-22.5-3-3.
(2) A gift given or entertainment provided by a legislative lobbyist, a legislative liaison, or an employer of a legislative liaison that is for the benefit of all the members of any legislative body.
(3) Items provided under a statute or from a state 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 an individual for attendance at a state educational institution.
(6) Expenditures relating to an economic development effort, function, or event by a state agency, including those hosted by the Indiana economic development corporation.
Sec. 6. (a) "Government employee" refers to an employee of a governmental body who:
(1) is employed by the governmental body on a full-time, a part-time, a temporary, an intermittent, or an hourly basis; or
(2) contracts with the governmental body for personal services.
(b) The term does not include an elected official.
Sec. 7. "Governmental body" means an agency, a board, a branch, a bureau, a commission, a council, a department, an institution, an office, or another establishment of any of the following:
(1) The executive branch.
(2) The judicial branch.
(3) The legislative branch.
(4) A political subdivision.
Sec. 8. "Legislative body" has the meaning set forth in IC 2-7-1-7.2.
Sec. 9. "Legislative liaison" has the meaning set forth in IC 5-14-7-3, and for purposes of this article, includes the employer of the legislative liaison.
Sec. 10. "Legislative lobbyist" refers to a lobbyist as defined in IC 2-7-1-10.
Sec. 11. "Legislative person" has the meaning set forth in IC 2-7-1-8.
Sec. 12. "Lobbyist" refers to either of the following:
(1) An executive branch lobbyist.
(2) A legislative lobbyist.
Sec. 13. "Nominal gift" refers to a gift of any of the following:
(1) Any of the following kind of services:
(A) Providing advice or information.
(B) Consultation.
(C) Communication in connection with legislation.
(D) Services to constituents.
(E) Any other services to assist another person in the performance of official governmental duties.
(2) Services that have insignificant monetary value.
(3) A plaque with a resale value of not more than five dollars ($5).
(4) A trinket or memento costing not more than five dollars ($5).
(5) Informational material with a resale value of not more than five dollars ($5).
(6) Food or beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.
Sec. 14. (a) "Offer" means a response to a solicitation.
(b) The term includes a bid, proposal, and quote.
Sec. 15. "Offeror" means a person that submits an offer to a governmental body.
Sec. 16. "Organization" refers to a person that is not an individual.
Sec. 17. "Person" means an association, a business, a committee, a corporation, a fiduciary, an individual, a joint stock company, a joint venture, a limited liability company, a partnership, a sole proprietorship, a trust, or another legal entity, organization, or group of individuals.
Sec. 18. "Political action committee" has the meaning set forth in IC 3-5-2-37.
Sec. 19. "Political subdivision" has the meaning set forth in IC 36-1-2-13.
Sec. 20. "Property" has the meaning set forth in IC 35-41-1-23.
Sec. 21. "Public servant" refers to either of the following:
(1) An elected official.
(2) A government employee.
Sec. 22. (a) "Solicitation" means the procedure by which a governmental body invites persons to submit an offer to enter into a contract with the governmental body for:
(1) the purchase or sale of supplies by the governmental body;
(2) a public works contract; or
(3) a contract to provide professional or other services.
(b) The term includes an invitation for bids, a request for proposals, and a request for quotes.
Sec. 23. "State agency" has the meaning set forth in
IC 4-2-6-1(a)(2).
Chapter 2. General Provisions
Sec. 1. For purposes of this article, a person has a "business
relationship" with a governmental body if any of the following
apply:
(1) The person:
(A) is an offeror to the governmental body; or
(B) assists another person:
(i) as an employee of the other person; or
(ii) under contract with the other person;
to make an offer to the governmental body.
(2) The person:
(A) has a contract with the governmental body; or
(B) assists another person:
(i) as an employee of the other person; or
(ii) under contract with the other person;
to maintain or implement the other person's contract with
the governmental body.
(3) With respect to a state agency, the person functions as an
executive branch lobbyist with that state agency.
(4) With respect to a legislative person, the person is a
legislative lobbyist or a legislative liaison.
Chapter 3. Gifts
Sec. 1. This chapter does not apply to the following:
(1) Gifts given to a public servant by a close relative of the
public servant.
(2) Nominal gifts given to a public servant.
Sec. 2. (a) A person who has a business relationship with a
governmental body may not give a gift to a government employee
of that governmental body.
(b) A government employee may not accept a gift from a person
who has a business relationship with the governmental body that
employs the government employee.
Sec. 3. (a) A person who has a business relationship with a
governmental body may not give a gift to an elected official who
serves that governmental body unless the person is a political
action committee.
(b) An elected official may not accept a gift from a person who
has a business relationship with the governmental body that the
elected official services unless the person is a political action
committee.
(c) A gift that is permitted to be given by a political action
committee under this section must be reported as a contribution
under IC 3-9.
Sec. 4. A person who knowingly or intentionally violates section
2 or 3 of this chapter commits a Class B misdemeanor.
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 5-15-6-8 (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 5-22.5-3-4 (Concerning giving gifts to public servants).
IC 5-28-15-7 (Concerning enterprise zones).
IC 5-28-15-8 (Concerning enterprise zones).
