Bill Text: IN HB1408 | 2013 | Regular Session | Introduced
Bill Title: Elect utility regulatory commission members.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Utilities and Energy [HB1408 Detail]
Download: Indiana-2013-HB1408-Introduced.html
Citations Affected: IC 3-5-2-48; IC 3-8; IC 3-9-8; IC 3-11-2-12;
IC 4-1-6-1; IC 4-2; IC 4-3-6-2; IC 5-8-3.5-1; IC 5-14-3-3.5;
IC 5-24-1-2; IC 8-1-1.
Synopsis: Elect utility regulatory commission members. Provides for
the election of the members of the utility regulatory commission on a
nonpartisan basis beginning with the 2014 general election. Increases
the number of commissioners from five to nine, and provides for the
election of one commissioner from election districts that correspond to
Indiana's congressional districts. Provides for voluntary public
financing of campaigns for the office of member of the commission
funded from the public utility fund. Appropriates sufficient money in
the public utility fund to fund campaigns.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Utilities and Energy.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections and to make an appropriation.
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The superintendent of public instruction.
(7) The attorney general.
(8) A justice of the supreme court.
(9) A judge of the court of appeals.
(10) A judge of the tax court.
(11) Beginning January 1, 2014, a member of the Indiana utility regulatory commission.
election board, or a town election board shall act if a candidate (or a
person acting on behalf of a candidate in accordance with state law) has
filed any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under
IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination
under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under
IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with
regard to any filing described in subsection (a) that was made with the
election division. Except for a filing under the jurisdiction of a town
election board, a county election board has jurisdiction to act under this
section with regard to any filing described in subsection (a) that was
made with the county election board, county voter registration office,
or the circuit court clerk. A town election board has jurisdiction to act
under this section with regard to any filing that was made with the
county election board, the county voter registration office, or the circuit
court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e), before the commission or
election board acts under this section, a registered voter of the election
district that a candidate seeks to represent must file a sworn statement
with the election division or election board:
(1) questioning the eligibility of a candidate to seek the office;
and
(2) setting forth the facts known to the voter concerning this
question.
(d) The eligibility of a write-in candidate or a candidate nominated
by a convention, petition, or primary may not be challenged under this
section if the commission or board determines that all of the following
occurred:
(1) The eligibility of the candidate was challenged under this
section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit
before the nomination.
(3) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest
to the denial of a certification under IC 3-8-2.7-13 or IC 3-8-6-12 a
candidate (or a person acting on behalf of a candidate in accordance
with state law) must file a sworn statement with the election division
or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Upon the filing of a sworn statement under subsection (c) or (e),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or
IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-6-12.
(g) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
(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, member of the Indiana utility regulatory commission, 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 IC 2-2.1-3-2.
(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 probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in accordance with IC 3-8-9, except a candidate for a local office described in subdivision (3).
Chapter 2.7. Nomination and Election of Members of the Indiana Utility Regulatory Commission
Sec. 1. Beginning with the 2014 general election, the members of the Indiana utility regulatory commission shall be nominated and elected as provided in this chapter.
Sec. 2. Each commission member shall be elected at a general election on a nonpartisan basis.
Sec. 3. (a) The election districts of the commission members correspond to Indiana's congressional districts established in IC 3-3-5. For purposes of reference to the commission's election districts, each election district has the same number as the corresponding congressional district.
(b) One (1) commission member shall be elected from each commission election district.
Sec. 4. A candidate for election to the commission must satisfy the following after January 1 of the year of the individual's election:
(1) The individual must be a registered Indiana voter.
(2) The individual must be a resident of the election district from which the individual seeks election.
(3) The individual may not:
(A) have any official or professional relationship or connection with;
(B) hold any stock or securities in; or
(C) have any pecuniary interest in;
any public utility operating in Indiana.
Sec. 5. (a) An individual may be nominated to be a candidate for election to be a commission member by petition of voters.
(b) A voter who signs a petition of nomination for a candidate must be registered to vote:
(1) in the election district from which the candidate seeks to be elected; and
(2) on both the date:
(A) the voter signs the petition; and
(B) the county voter registration office certifies the petition under section 8 of this chapter.
(c) A petition of nomination must be signed by the number of voters equal to one percent (1%) of the total vote cast at the most recent election for secretary of state in the election district from which the candidate seeks to be elected. In determining the number of signatures required under this subsection, any fraction in excess of a whole number is disregarded.
Sec. 6. (a) A petition of nomination must state all the following:
(1) The name of the candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) The address of each candidate, including the mailing address, if different from the residence address of the candidate.
(3) The office that each candidate seeks.
(4) The election district from which the candidate seeks election.
(5) That the petitioners:
(A) want; and
(B) are registered and qualified;
to vote for the candidate named in the petition.
(b) A petition of nomination may not:
(1) designate a political party or represent that the candidate named in the petition is affiliated with any political party; or
(2) include the name of any other candidate on the petition.
Sec. 7. (a) The signatures to a petition of nomination need not be appended to one (1) paper, but a petitioner may not be counted unless at the time of signing the petitioner is registered and qualified to vote. Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(b) Each petitioner on a petition of nomination must sign the petitioner's name or have the petitioner's mark attested.
Sec. 8. For a petition of nomination to be considered valid, the county voter registration office of the county where the petitioner is registered must certify that each petitioner is a voter in the
county. The certification must accompany and be part of each
petition. The certification must indicate that each petitioner is
eligible to vote for the candidates being nominated by the petition.
Sec. 9. (a) A petition of nomination must be submitted to the
county voter registration office of each county in which the election
district is located.
(b) The petition must be filed during the period beginning on the
first date that a declaration of candidacy for a primary election
may be filed under IC 3-8-2-4 in the year in which the election will
be held and ending at noon June 30 before the election.
(c) The county voter registration office shall certify and file a
petition that complies with the requirements of this chapter with
the secretary of state not later than noon July 15 before the
election. Following certification of a petition under this section, the
office may, upon the request of a candidate named in the petition,
return the original petition to the candidate for filing with the
secretary of state in accordance with this subsection.
Sec. 10. (a) The petition of nomination must be accompanied by
the following:
(1) The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding
campaign finance and the reporting of campaign
contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by
this subdivision.
(3) A statement by the candidate that the candidate has filed
a campaign finance statement of organization under
IC 3-9-1-5 or is aware that the candidate may be required to
file a campaign finance statement of organization not later
than noon seven (7) days after the final date for filing a
petition for nomination under this chapter.
(4) A statement indicating whether or not the candidate:
(A) has been a candidate for state or local office in a
previous primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all
previous candidacies.
(5) A statement that the candidate is legally qualified to hold
the office that the candidate seeks, including any applicable
residency requirements and restrictions on service due to a
criminal conviction.
(6) A statement signed by the circuit court clerk of each county in the election district of the office sought by the individual that:
(A) is certified by each circuit court clerk; and
(B) indicates the number of votes cast for secretary of state:
(i) at the most recent election for secretary of state; and
(ii) in the part of the county included in the election district of the office sought by the individual filing the petition.
(7) The statement of economic interests required under IC 3-8-1-33.
(b) The secretary of state shall:
(1) determine whether a sufficient number of signatures as required by this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(c) The secretary of state shall, not later than noon on the date specified under IC 3-8-7-16 for the certification of candidates and public questions by the election division:
(1) certify; or
(2) deny certification;
under subsection (b) of each petition of nomination filed in the secretary of state's office to the appropriate county.
(d) The form of a petition of nomination must include the following information near the separate signature required by subsection (a)(2):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(e) A candidate's consent to become a candidate must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the consent to become a candidate. If there is a difference between the name on the candidate's consent to become a candidate and the name on the candidate's voter registration record, the secretary of state shall forward the information to the voter registration office of the appropriate county as required by
IC 3-5-7-6(e). The voter registration office of the appropriate
county shall change the name on the candidate's voter registration
record to be the same as the name on the candidate's consent to
become a candidate.
(f) If the secretary of state denies certification under subsection
(c), the secretary of state shall notify the candidate immediately by
certified mail.
(g) A candidate may contest the denial of certification under
subsection (c) based on:
(1) the county voter registration office's failure to certify,
under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (b)(1);
using the procedure in IC 3-8-1-2 and section 13 of this chapter
that applies to questions concerning the validity of a petition of
nomination.
Sec. 11. (a) A candidate's nomination by petition under this
chapter is not effective unless the candidate timely files each
document required under this chapter.
(b) The election division may not certify the name of a candidate
for placement on a ballot by a county election board if the
candidate's nomination is ineffective under subsection (a).
Sec. 12. A candidate may withdraw a petition of nomination not
later than noon July 15 before the general election.
Sec. 13. (a) A person may not be selected as a candidate by
petition of nomination without giving written consent and having
it filed with the secretary of state.
(b) Each candidate nominated by petition of nomination must
satisfy all statutory eligibility requirements for the office for which
the candidate is nominated, including the filing of statements of
economic interest.
(c) All questions concerning the validity of a petition of
nomination filed with the secretary of state or contesting the denial
of certification under this chapter shall be referred to and
determined by the commission. A statement questioning the
validity of a petition of nomination or contesting the denial of
certification under this chapter must be filed with the election
division under IC 3-8-1-2(c) or IC 3-8-1-2(e) not later than noon
seventy-four (74) days before the date on which the general election
will be held for the office.
(d) The commission shall rule on the validity of the petition of
nomination or the denial of certification under this chapter not
later than noon sixty (60) days before the date on which the general
election will be held for the office.
Sec. 14. (a) This section applies if an individual:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the individual sought
to represent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under
section 12 of this chapter; and
(4) is no longer an active candidate.
(b) Upon determining that this section applies, a registered voter
in the election district or a candidate for the office sought by the
individual described in subsection (a) may file an action in the
circuit court in the county where the individual described in
subsection (a) resided. The complaint in this action must:
(1) name the individual described in subsection (a) and the
public official responsible for placing that person's name on
the ballot as defendants;
(2) state that this section applies to the individual described in
subsection (a); and
(3) be filed not later than a notice of withdrawal could have
been filed under section 12 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit
court shall conduct a hearing and rule on the petition not later than
ten (10) days after it is filed.
(d) If the court finds in favor of the plaintiff, the individual
named in the action may not be certified as elected to the office.
Chapter 8. Public Financing of Utility Regulatory Commission Campaigns
Sec. 1. This chapter applies to the campaign of a candidate for the office of member of the Indiana utility regulatory commission.
Sec. 2. As used in this chapter, "candidate" means a candidate for the office of member of the Indiana utility regulatory commission.
Sec. 3. (a) The commission election campaign account is established within the public utility fund under IC 8-1-6.
(b) Each fiscal year in which the office of member of the Indiana utility regulatory commission will appear on the ballot there is appropriated from the public utility fund to the commission election campaign account an amount sufficient to fully fund the campaign of each eligible candidate.
(c) The amount described in subsection (b) shall be determined by the commission with the approval of the budget agency not later than March 31 in a year in which the office of member of the Indiana utility regulatory commission will appear on the ballot.
(d) This subsection applies in a year in which the funds available in the public utility fund are insufficient to fund the amount required under subsection (b). The budget agency shall approve a transfer from the contingency fund established by IC 8-1-6-1 to the commission election campaign account of an amount equal to the difference between the amount in the public utility fund and the amount required under subsection (b).
Sec. 4. (a) A candidate for member of the Indiana utility regulatory commission shall file a statement of intent to accept or reject a grant under this chapter.
(b) The statement required under subsection (a) must be filed not later than the deadline for filing a petition of nomination under IC 3-8-2.7. A candidate may file an amended statement of intent not later than fifteen (15) calendar days after the deadline for filing a petition of nomination under IC 3-8-2.7.
(c) A candidate who files a statement of intent to accept a grant shall affirm that the candidate and the candidate's treasurer have complied with and will continue to comply with the contribution and expenditure limits established by section 6(a)(6) of this chapter.
(d) A candidate who files a statement of intent to reject a grant under this chapter may file an affidavit agreeing to voluntarily comply with the expenditure limit that applies to a candidate who accepts a grant. A candidate who files an affidavit under this subsection may rescind the affidavit not later than fifteen (15) calendar days after the deadline for filing a petition of nomination under IC 3-8-2.7.
Sec. 5. (a) This section applies to each candidate who:
(1) receives funds under this chapter; or
(2) does not receive funds under this chapter.
(b) Each candidate shall comply with IC 3-9-1 through IC 3-9-7.
Sec. 6. (a) The state election board shall certify that a candidate for the office of member of the Indiana utility regulatory commission is eligible to receive public financing of the candidate's campaign if each of the following conditions are met:
(1) The candidate has filed a timely statement of intent to accept a grant.
(2) The candidate is certified to appear on the ballot in the
year in which the grant is sought.
(3) The candidate is opposed by at least one (1) other
candidate.
(4) The candidate has:
(A) not accepted or expended any contributions to the
candidate's campaign from any source other than the
candidate's own funds; or
(B) if the candidate accepted a contribution before filing a
statement of intent under section 4 of this chapter,
returned the contribution.
(5) The candidate has accepted and expended contributions to
the candidate's campaign from the candidate's own funds in
an amount of:
(A) at least one thousand dollars ($1,000); and
(B) not more than two thousand dollars ($2,000).
(6) The candidate agrees to limit the candidate's campaign
expenditures to an amount equal to the sum of:
(A) any grants under section 7 of this chapter; and
(B) the amount the candidate contributed from the
candidate's own funds under subdivision (5).
(b) The election division shall certify a candidate's eligibility to
receive a grant not later than thirty (30) days after the deadline for
filing a petition of nomination under IC 3-8-2.7.
(c) The election division's certificate must indicate the following:
(1) Whether the candidate is eligible to receive a grant.
(2) If the candidate is eligible, the amount of the grant the
candidate is to receive.
(3) If the candidate is not eligible, the reason the candidate is
not eligible and what action, if any, the candidate may take to
qualify for the grant.
(d) The election division shall immediately certify a candidate
who was not initially eligible but subsequently took the action
necessary to become eligible.
(e) Immediately after certifying a candidate, the election
division shall provide the treasurer of state with the following:
(1) A copy of the candidate's certificate.
(2) An executed disbursement voucher.
Sec. 7. (a) Grants shall be awarded to eligible candidates not
sooner than July 15 and before August 15 in the year in which the
candidate will appear on the ballot.
(b) An eligible candidate shall receive a grant in the amount of
seventy-five thousand dollars ($75,000).
Sec. 8. (a) Grant funds may be used only as follows:
(1) To pay for goods and services necessary to the operation of the candidate's campaign.
(2) To pay for rental of office space or capital equipment, including computer hardware.
(b) Grant funds may not be used for the following:
(1) To compensate the candidate or a member of the candidate's immediate family.
(2) To pay the candidate's household expenses.
(3) To purchase office space or capital equipment, including computer hardware.
(c) Grant funds remain the property of the state until disbursed for lawful campaign purposes.
(d) The candidate shall return unexpended grant funds to the state not later than sixty (60) days after the election.
Sec. 9. (a) Not later than sixty (60) days after an election, each candidate who received a grant under section 8 of this chapter shall file a report with the election division describing all:
(1) expenditures disbursed; and
(2) contributions received;
for the candidate's campaign. The report must include copies of any receipts or other proof available of the items described.
(b) The election division may conduct a random audit of a candidate's campaign accounts and records to verify the accuracy of the report.
Sec. 10. (a) The commission shall prescribe forms for reports and statements required under this chapter.
(b) The candidate or the candidate's treasurer shall sign and date each report or statement filed under this chapter.
Sec. 11. The commission shall adopt rules under IC 4-22-2 to implement this chapter.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(J) Member of the Indiana utility regulatory commission.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(A) The auditor of state.
(B) The treasurer of state.
(C) The secretary of state.
(D) The attorney general.
(E) The superintendent of public instruction.
(F) The Indiana utility regulatory commission.
(G) The
(H) The state educational institutions.
(1) For the lieutenant governor, seventy-six thousand dollars
($76,000) per year. However, the lieutenant governor is not
entitled to receive per diem allowance for performance of duties
as president of the senate.
(2) For the secretary of state, sixty-six thousand dollars ($66,000)
per year.
(3) For the auditor of state, sixty-six thousand dollars ($66,000)
per year.
(4) For the treasurer of state, sixty-six thousand dollars ($66,000)
per year.
(5) For the attorney general, seventy-nine thousand four hundred
dollars ($79,400) per year.
(6) For the state superintendent of public instruction, seventy-nine
thousand four hundred dollars ($79,400) per year.
(7) Beginning January 1, 2015, for a member of the Indiana
utility regulatory commission, one hundred six thousand
dollars ($106,000) per year. The chair of the commission is
entitled to an additional five thousand dollars ($5,000) per
year.
(b) Beginning January 1, 2008, the part of the total salary of a state
elected official is increased on January 1 of each year after a year in
which the general assembly does not amend this section to provide a
salary increase for the state elected official. Beginning January 1,
2016, the part of the total salary of a member of the Indiana utility
regulatory commission is increased as provided in this section for
the other state elected officials.
(c) The percentage by which salaries are increased under this
section is equal to the statewide average percentage, as determined by
the budget director, by which the salaries of state employees in the
executive branch who are in the same or a similar salary bracket
exceed, for the current state fiscal year, the salaries of executive branch
state employees in the same or a similar salary bracket that were in
effect on January 1 of the immediately preceding year.
(d) The amount of a salary increase under this section is equal to the
amount determined by applying the percentage increase for the
particular year to the salary of the state elected official, as previously
adjusted under this section, that is in effect on January 1 of the
immediately preceding year.
(e) A state elected official is not entitled to receive a salary increase
under this section on January 1 of a state fiscal year in which state
employees described in subsection (c) do not receive a statewide
average salary increase.
(f) If a salary increase is required under this section, an amount
sufficient to pay for the salary increase is appropriated from the state
general fund.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(15) "Property" has the meaning set forth in IC 35-31.5-2-253.
(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.
(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.
(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.
(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.
(H) A member of the Indiana utility regulatory
commission.
(20) The masculine gender includes the masculine and feminine.
(21) The singular form of any noun includes the plural wherever
appropriate.
(b) The definitions in IC 4-2-7 apply throughout this chapter.
(1) 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 state superintendent of public instruction.
(H) Beginning January 1, 2015, a member of the Indiana utility regulatory commission.
(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) 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) 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) 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) 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) 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) 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) The name and address of the most recent former employer.
(9) 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.
(1) "Agency" means any executive or administrative department, commission, council, board, bureau, division, service, office, officer, administration, or other establishment in the executive or administrative branch of the state government not provided for by the constitution.
(A) The secretary of state.
(B) The auditor of state.
(C) The treasurer of state.
(D) The lieutenant governor.
(E) The state superintendent of public instruction.
(F) The attorney general.
(G) The Indiana utility regulatory commission.
(H) The departments of which
(2) "Reorganization" means:
(A) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency;
(B) the abolition of all or any part of the functions of any
agency;
(C) the consolidation or coordination of the whole or any part
of any agency, or of the whole or any part of the functions
thereof, with the whole or any part of any other agency or the
functions thereof;
(D) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(E) the authorization of any officer to delegate any of his the
officer's functions; or
(F) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions.
(1) The governor and lieutenant governor shall notify the principal clerk of the house of representatives and the principal secretary of the senate to act in accordance with Article 5, Section 10 of the Constitution of the State of Indiana. The clerk and the secretary shall file a copy of the notice with the office of the secretary of state.
(2) A member of the general assembly shall notify the following, whichever applies:
(A) A member of the senate shall notify the president pro tempore of the senate.
(B) A member of the house of representatives shall notify the speaker of the house of representatives.
(3) The following officers
(A) An elector or alternate elector for President and Vice President of the United States.
(B) The following officers:
(i) The secretary of state.
(ii) The auditor of state.
(iii) The treasurer of state.
(iv) The superintendent of public instruction.
(v) The attorney general.
(vi) A member of the Indiana utility regulatory commission.
(C) An officer elected by the general assembly, the senate, or
the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior, town,
or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3) shall
notify the circuit court clerk of the county containing the largest
percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to the person or entity that
has the power to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy.
(1) The secretary of state.
(2) The auditor of state.
(3) The treasurer of state.
(4) The attorney general.
(5) The superintendent of public instruction.
(6) The Indiana utility regulatory commission.
However, each state office described in subdivisions (1) through
(b) As an additional means of inspecting and copying public records, a state agency may provide enhanced access to public records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party
under which the state agency provides enhanced access to the person
through the third party's computer gateway or otherwise, all of the
following apply to the contract:
(1) The contract between the state agency and the third party must
provide for the protection of public records in accordance with
subsection (d).
(2) The contract between the state agency and the third party may
provide for the payment of a reasonable fee to the state agency by
either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the person
and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records
only through the computer gateway administered by the office of
technology.
(1) The judicial branch.
(2) The legislative branch.
(3) A state educational institution.
(4) The offices of the following:
(A) The secretary of state.
(B) The auditor of state.
(C) The treasurer of state.
(D) The attorney general.
(E) The superintendent of public instruction.
(F) The Indiana utility regulatory commission.
(G) The clerk of the supreme court.
(b) The members of the commission and all vacancies occurring therein shall be appointed by the governor from among persons nominated by the nominating committee in accordance with the provisions of IC 8-1-1.5.
(c) The members may be removed at any time by the governor for cause.
(d) The governor shall appoint one (1) member as chairman.
(e) The members of the commission shall be appointed for a term of four (4) years, except when a member is appointed to fill a vacancy, in which case such appointment shall be for such unexpired term only. All members of said commission shall serve as such until their successors are duly appointed and qualified, and while so serving shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as commissioners.
(f) A member of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana.
(g) Each member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that he will faithfully perform the duties of his office, and support and defend to the best of his ability the Constitution and laws of the state of Indiana and of the United States of America, and such oath shall be filed with the secretary of state.
(h) The chairman of the commission shall assign cases to the various members of the commission or to administrative law judges for hearings.
(i) This section expires January 1, 2015.
(b) The Indiana utility regulatory commission is established.
(b) One (1) commission member shall be elected from each commission election district described in IC 3-8-2.7-3.
(c) A commission member serves a term of four (4) years beginning January 1 after the member's election.
(d) The governor shall appoint an individual qualified under IC 3-8-2.7-4 to fill a vacancy that occurs on the commission. An individual appointed by the governor under this subsection serves for the remainder of the unexpired term.
(e) Each commission member shall take and subscribe to an oath in writing that the member will:
(1) faithfully perform the duties of the office; and
(2) support and defend to the best of the member's abilities:
(A) the Constitution of the United States; and
(B) the Constitution of the State of Indiana and the laws of the state of Indiana.
Each commission member's oath shall be filed with the secretary of state.
(f) A commission member shall devote full time to the duties of the commission and may not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out the member's duties.
(g) A commission member may not:
(1) have any official or professional relationship or connection with;
(2) hold any stock or securities in; or
(3) have any pecuniary interest in;
any public utility operating in Indiana. A commission member who violates this subsection forfeits membership on the commission.
(b) A commission member shall be elected from each commission election district at the 2014 general election.
(c) Notwithstanding section 2.2(c) of this chapter, the term of office of each member elected at the 2014 general election is as follows:
(1) The five (5) members who received the first, second, third, fourth, and fifth highest vote totals of all the members elected to the commission at the 2014 general election each serve a four (4) year term, beginning January 1, 2015. The successors of the members described in this subdivision shall be elected
at the 2018 general election, and each serve a four (4) year
term, beginning January 1, 2019.
(2) The four (4) members who received the sixth, seventh,
eighth, and ninth highest vote totals of all the members elected
to the commission at the 2014 general election each serve a
two (2) year term, beginning January 1, 2015. The successors
of the members described in this subdivision shall be elected
at the 2016 general election, and each serve a four (4) year
term, beginning January 1, 2017.
(d) This section expires January 1, 2020.
(b) At the commission's first meeting in January of each year, the commission members shall elect the commission's chair from among the members.
(c) The commission's chair serves until a successor is elected under this section. The commission's chair may serve consecutive terms.
(d) The commission's chair shall assign cases to the commission members or to administrative law judges for hearings.
(b) A person appointed to a position or employed in any capacity to serve the commission may not:
(1) have any official or professional relationship or connection with;
(2) hold any stock or securities in; or
(3) have any pecuniary interest in;
any public utility operating in Indiana.
