Bill Text: IN SB0114 | 2010 | Regular Session | Introduced
Bill Title: Government ethics.
Spectrum: Slight Partisan Bill (Republican 32-17)
Status: (Engrossed - Dead) 2010-02-11 - Representative Bosma added as cosponsor [SB0114 Detail]
Download: Indiana-2010-SB0114-Introduced.html
Citations Affected: IC 2-2.1-3-2; IC 2-7; IC 3-5-2-29.2; IC 3-9;
IC 4-2.
Effective: July 1, 2010; January 1, 2011.
January 5, 2010, read first time and referred to Committee on Rules and Legislative
Procedure.
Digest Continued
Digest Continued
division to provide an electronic receipt for electronic filings. 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 Repeals superseded statutes.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 state
and local administration.
(1) The name of the member's or candidate's employer and the employer of the member's or candidate's spouse and the nature of the employer's business. The house of representatives and senate need not be listed as an employer.
(2) The name of any sole proprietorship owned or professional practice operated by the member or candidate or the member's or candidate's spouse and the nature of the business.
(3) The name of any partnership of which the member or
candidate or the member's or candidate's spouse is a member and
the nature of the partnership's business.
(4) The name of any corporation of which the member or
candidate or the member's or candidate's spouse is an officer or
director and the nature of the corporation's business. Churches
need not be listed.
(5) The name of any corporation in which the member or
candidate or the member's or candidate's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). No time
or demand deposit in a financial institution or insurance policy
need be listed.
(6) The name of any state agency or the supreme court of Indiana
which licenses or regulates the following:
(A) The member's or candidate's or the member's or
candidate's spouse's profession or occupation.
(B) Any proprietorship, partnership, corporation, or limited
liability company listed under subdivision (2), (3), or (4) and
the nature of the licensure or regulation.
The requirement to file certain reports with the secretary of state
or to register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler shall not be considered as
licensure or regulation.
(7) The name of any person whom the member or candidate
knows to have been a lobbyist in the previous calendar year and
knows to have purchased any of the following:
(A) From the member or candidate, the member's or
candidate's sole proprietorship, or the member's or candidate's
family business, goods or services for which the lobbyist paid
in excess of one hundred dollars ($100).
(B) From the member's or candidate's partner, goods or
services for which the lobbyist paid in excess of one thousand
dollars ($1,000).
This subdivision does not apply to purchases made after
December 31, 1998, by a lobbyist from a legislator's retail
business made in the ordinary course of business at prices that are
available to the general public. For purposes of this subdivision,
a legislator's business is considered a retail business if the
business is a retail merchant as defined in IC 6-2.5-1-8.
(8) The name of any person or entity from whom the member or
candidate received the following:
(A) Any gift of cash from a lobbyist.
(A) a member of a partnership or limited liability company;
(B) an officer or a director of a corporation; or
(C) a manager of a limited liability company;
of which the member of or candidate for the general assembly is a partner, an officer, a director, a member, or an employee, and a description of the legislative matters which are the object of the lobbyist's activity.
(b) Before any person who is not a member of the general assembly files the person's declaration of candidacy, declaration of intent to be a write-in candidate, or petition of nomination for office or is selected as a candidate for the office under IC 3-13-1 or IC 3-13-2, the person shall file with the clerk of the house or secretary of the senate, respectively, the same written statement of economic interests for the preceding calendar year that this section requires members of the general assembly to file.
(c) Any member of or candidate for the general assembly may file an amended statement upon discovery of additional information required to be reported.
(d) The clerk of the house and the secretary of the senate,
respectively, shall make copies of the statements filed under this
section available on the general assembly's Internet web site.
(1) A legislative official.
(2) A candidate.
(3) A state officer.
(4) A member of the immediate family of anyone described in subdivision (1), (2), or (3).
(1) advance;
(2) conveyance;
(3) deposit;
(4) distribution;
(5) gift;
(6) transfer;
(7) loan;
(8) payment;
(9) honorarium;
(10) pledge; or
(11) subscription;
of money or anything of value.
(b) The term includes a contract, an agreement, a promise, or
(c) The following are considered expenditures for purposes of
reporting under this article:
(1) Compensation to others who perform lobbying services.
(2) Reimbursement to others who perform lobbying services.
(3) Payment for the cost of receptions, entertainment, and
meals.
(4) Gifts made to an applicable individual.
(1) A member.
(2) An officer of the general assembly.
(3) An employee of the general assembly.
(4) A paid consultant of the general assembly.
(5) An agency of the general assembly.
(1) communicating by any means; or
(2) paying others to communicate by any means;
with any legislative official or state officer with the purpose of influencing any legislative action.
(1) engages in lobbying; and
(2) in any registration year, receives or expends an aggregate of at least five hundred dollars ($500) in compensation or expenditures reportable under this article for lobbying, whether the compensation or expenditure is solely for lobbying or the lobbying is incidental to that individual's regular employment.
(b) The following are not considered lobbyists:
(1) The National Conference of State Legislatures.
(2) The National Conference of Insurance Legislators.
(3) The Council of State Governments.
(4) Any other national organization established for the education and support of legislators, legislative staff, or related government employees.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 13. "Public employee" means an employee
of the state or federal government or a political subdivision of either of
those governments. and does include an official or employee of a state
educational institution.
(b) Subject to subsections (c) and (d), the commission shall impose a late registration fee of
(c) The late registration fee shall not exceed
(d) The commission may waive the late registration fee if the commission determines that the circumstances make imposition of the fee inappropriate.
(b) Subject to subsections (c) and (d), the commission shall impose a penalty of
that the person fails to file any report required by this chapter until the
report is filed.
(c) The penalty shall not exceed one hundred eighteen thousand
dollars ($100) ($18,000) per report.
(d) 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
(3) A statement of
the registration period.
(6) (5) The name of the beneficiary of each expenditure or gift
made by the lobbyist or his the lobbyist's agent that is required
to be reported under subdivision (3).
(7) (6) 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 expenditure 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) An activity report must report expenses for a function or
activity to which any of the following are invited:
(1) All members.
(2) All members of a standing or other committee established
by the rules of the house of representatives or the senate.
(3) All members of a study committee established by statute
or by the legislative council.
Expenses reported for a function or activity under this subsection
may not be allocated and reported with respect to a particular
applicable individual.
(e) A report of expenses with respect to a particular applicable
individual:
(1) must report actual amounts to the extent practicable; and
(2) may not allocate to the particular applicable individual a
prorated amount derived from an expense made with respect
to several applicable individuals.
(f) If two (2) or more lobbyists contribute to an expenditure,
each lobbyist shall report the actual amount the lobbyist
contributed to the expenditure. For purposes of reporting the
expenditure, the following apply:
(1) For purposes of determining whether the expenditure is
reportable, the total amount of the expenditure must be
determined and not the amount that each lobbyist contributed
to the 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 lobbyist
made an expenditure of that amount.
(g) The commission shall adopt rules to determine the categories
by which a report under this section must itemize expenditures.
The categories must include at least those categories under which
a lobbyist was required to report expenditures before July 1, 2011.
(b) As used in this section, "purchase" refers to a purchase of goods or services for which the lobbyist paid more than one hundred dollars ($100) from any of the following:
(1) An applicable individual.
(2) An applicable individual's sole proprietorship.
(3) An applicable individual's family business.
(c) A lobbyist shall file a written report with respect to an applicable individual whenever the lobbyist makes a purchase.
(d) A report required by this section must state the following:
(1) The name of the lobbyist making the purchase.
(2) A description of the purchase.
(3) The amount of the purchase.
(e) A lobbyist shall file a copy of a report required by this section with all the following:
(1) The commission.
(2) The applicable individual with respect to whom the report is made.
(3) The principal clerk of the house of representatives, if the applicable individual is a member of, or a candidate for election to, the house of representatives.
(4) The secretary of the senate, if the applicable individual is a member of, or candidate for election to, the senate.
(f) A lobbyist shall file a report required by this section not later than seven (7) days after making the purchase.
(g) Not later than January 7, the commission shall provide to each member and candidate a written compilation of all reports filed under subsection (e) relating to that member or candidate. The compilation must provide the following information to the member or candidate for each purchase:
(1) A description of the purchase.
(2) The amount of the purchase.
(3) The name of the lobbyist making the purchase.
(b) A report under this section must state the following:
(1) The name of the lobbyist making the expenditure.
(2) A description of the expenditure.
(3) The amount of the expenditure.
(c) A lobbyist shall file a copy of a report required by this section with all the following:
(1) The commission.
(2) The applicable individual with respect to whom the report is made.
(3) The principal clerk of the house of representatives, if the applicable individual is a member of, or a candidate for election to, the house of representatives.
(4) The secretary of the senate, if the applicable individual is a member of, or candidate for election to, the senate.
(d) A lobbyist shall file a report required by this section not later than seven (7) days after making the expenditure.
(e) Not later than January 7, the commission shall provide to each member and candidate a written compilation of all reports filed under subsection (c) relating to that member or candidate. The compilation must provide the following information to the member or candidate for each expenditure:
(1) A description of the expenditure.
(2) The amount of the expenditure.
(3) The name of the lobbyist making the expenditure.
JANUARY 1, 2011]: Sec. 9. A lobbyist may not make a report
under this chapter relating to property or services received by an
applicable individual if the applicable individual paid for the
property or services the amount that would be charged to any
purchaser of the property or services in the ordinary course of
business.
(1) Reports, statements, other documents required to be filed under this article.
(2) Manuals, indices, summaries, and other documents the commission is required to compile, publish, or maintain under this article.
(1) has served as a member of the general assembly; and
(2) ceases to be a member of the general assembly after June 30, 2011.
(b) An individual described in subsection (a) may not be registered as a lobbyist under this article during the period that:
(1) begins on the day the individual ceases to be a member of the general assembly; and
(2) ends three hundred sixty-five (365) days after the date the individual ceases to be a member of the general assembly.
article that overstates or understates the amount of any or all
expenditures or gifts an expenditure commits a Class D felony.
(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) judge of:
(A) a court elected by the voters; or
(B) a superior court subject to a retention vote;
(2) prosecuting attorney;
(3) executive (as defined in IC 36-1-2-5) of a political subdivision, if the executive is elected by the voters;
(4) member of a fiscal body (as defined in IC 36-1-2-6) of a political subdivision, if the member is elected by the voters;
(5) county sheriff; or
(6) member of a school board;
that, since the close of the previous reporting period, has received more than twenty-five thousand dollars ($25,000) in contributions or has made more than twenty-five thousand dollars ($25,000) in expenditures.
(b) A candidate's committee that is designated an exploratory committee for an unspecified office in the committee's campaign finance statement of organization filed with a county election board is considered a local office large expenditure candidate's committee if, since the close of the previous reporting period, the committee has:
(1) received more than twenty-five thousand dollars ($25,000)
in contributions; or
(2) made more than twenty-five thousand dollars ($25,000) in
expenditures.
(1) a committee; or
(2) after December 31, 2010, a local office large expenditure candidate's committee.
(b) The commission or a county election board may administratively disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or report with the election division.
(5) A regular party committee that has filed a statement or report with the election division.
(6) A local office large expenditure candidate's committee.
(d) A county election board has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for a local office, except for a local office large expenditure candidate's committee.
(2) A candidate's committee for a school board office, except for a local office large expenditure candidate's committee.
(3) A political action committee that has filed a statement or report with the election board, unless the political action committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report with the election board, unless the regular party committee has also filed a report with the election division.
(e) The commission or a county election board may administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board to
administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively
dissolving the committee and waiving any outstanding civil
penalty previously imposed by the commission or board, if the
commission or board makes the following findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further efforts
to collect any outstanding civil penalty imposed against the
committee wasteful or unjust.
(C) According to the best evidence available to the
commission or board, the dissolution of the committee will not
impair any contract or impede the collection of a debt or
judgment by any person.
(5) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(6) An order issued under this subsection takes effect immediately
upon its adoption, unless otherwise specified in the order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of civil penalties, a dissolution or transfer of funds does not relieve the committee or the committee's members from civil or criminal liability.
(1) not more than ten (10) codes to account for various campaign expenditure items; and
(2) a clear explanation of the kinds of expenditure items that must be accounted for under each code.
(b) The election division shall develop and use a computer system to store campaign finance reports required to be filed under IC 3-9-5-6, IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the election division to do the following:
(1) Identify all candidates or committees that received contributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and disclosure of campaign finance reports of:
(A) candidates for:
(i) legislative office; or
(ii) state office; or
(B) after December 31, 2010, a local office large expenditure candidate's committee.
The election division shall provide training at no cost to candidates to enable candidates described in this subdivision to file campaign finance reports
(c) The election division shall notify each candidate's committee that the election division will provide at the committee's request at no cost a standardized software program to permit the committee to install the software on a computer and generate an electronic version of the reports and statements required to be filed with the election division under this article. The election division shall develop electronic filing standards for the reports and statements, and the standards, to be effective, must be approved by the commission. However, the election division is not required to provide or alter the software program to make the program compatible for installation or operation on a specific computer.
(d) This subsection applies to the following committees:
(1) A committee for a candidate seeking election to a state office.
(2) A political action committee that:
(A) has received more than
(B) has made more than twenty-five thousand dollars ($25,000) in expenditures;
since the close of the previous reporting period.
The committee must file electronically the report or statement required under this article with the election division using
(e) This subsection applies to an electronic submission under subsection (b)(3). An electronic submission must be in a format previously approved by the commission that permits the election division to print out a hard copy of the report after the receipt of the electronic submission from the candidate. Filing of a report occurs under IC 3-5-2-24.5 on the date and at the time electronically recorded by the election division's computer system. If a discrepancy exists between the text of the electronic submission and the printed report, the text of the printed report prevails until an amendment is filed under this article to correct the discrepancy.
(f) The election division is not required to accept an electronic submission unless the submission complies with
persons described in subsection (b)(3). electronic filing standards
approved by the commission. The election division shall provide an
electronic receipt for an electronic submission showing the date
and time the submission was filed.
(g) The election division shall make campaign finance reports stored
on the computer system under subsection (b) available to the general
public through an on-line service.
(1) Candidates for state office and their candidate's committees.
(2) The following central committees:
(A) State committees.
(B) Congressional district committees.
(3) Other regular party committees that propose to influence the election of a candidate for state or legislative office or the outcome of a public question for or against which the electorate of the whole state may vote.
(4) Political action committees that propose to influence the election of a candidate for state or legislative office or the outcome of a public question for or against which the electorate of the whole state may vote.
(5) Legislative caucus committees.
(6) After December 31, 2010, local office large expenditure candidate's committees.
(1) Candidates for local office and their candidate's committees, except, after December 31, 2010, local office large expenditure candidate's committees.
(2) Regular party committees that are not required to file with the election division.
(3) Political action committees that are not required to file with the election division.
(1) By hand, unless the report must be filed electronically.
(2) By mail, unless the report must be filed electronically.
(3) By electronic
(A) Receive electronic
(B) Electronically record the date and time that the electronic
(C) Print out a hard copy of the report after the receipt of the electronic
(b) Reports must be filed as follows:
(1) Hand delivered reports or reports transmitted by mail must be filed with the appropriate office during regular office hours not later than noon seven (7) days after the date of the report.
(2) Reports delivered by electronic
(c) This subsection applies to a report delivered by electronic
(d) An office is not required to accept a report or statement required under this article by facsimile transmission. Upon approval of a policy by the commission or a county election board to receive reports or statements by facsimile transmission, the election division or the county election board may accept the facsimile transmission of a report or statement.
(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) Seeking to influence decision making of 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) "Information of a confidential nature" means information:
(A) obtained by reason of the position or office held; and
(B) which:
(i) a public agency is prohibited from disclosing under IC 5-14-3-4(a);
(ii) a public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has not disclosed; or
(iii) is not in a public record, but if it were, would be confidential.
(12) "Person" means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision.
(13) "Political subdivision" means a county, city, town, township, school district, municipal corporation, special taxing district, or other local instrumentality. The term includes an officer of a political subdivision.
(14) "Property" has the meaning set forth in IC 35-41-1-23.
(15) "Represent" means to do any of the following on behalf of a person:
(A) Attend an agency proceeding.
(B) Write a letter.
(C) Communicate with an employee of an agency.
(16) "Special state appointee" means a person who is:
(A) not a state officer or employee; and
(B) elected or appointed to an authority, a board, a commission, a committee, a council, a task force, or other body designated by any name that:
(i) is authorized by statute or executive order; and
(ii) functions in a policy or an advisory role in the executive (including the administrative) department of state government, including a separate body corporate and politic.
(17) "State officer" means any of the following:
(A) The governor.
(B) The lieutenant governor.
(C) The secretary of state.
(D) The auditor of state.
(E) The treasurer of state.
(F) The attorney general.
(G) The superintendent of public instruction.
(18) The masculine gender includes the masculine and feminine.
(19) 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 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) 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:
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.
(b) This section does not prohibit a state officer from using in a communication the title of the office the state officer holds.
(c) As used in this section, "communication" refers only to an audio or video communication.
(d) A state officer may not use the state officer's name or likeness in a communication paid for entirely or in part with appropriations made by the general assembly.
(e) A state officer who knowingly or intentionally violates this section commits a Class A misdemeanor. In addition to any criminal penalty imposed under IC 35-50-3 for a violation of this section, a state officer who commits a misdemeanor under this section is subject to action under section 12 of this chapter.
(b) An executive branch lobbyist may not give a gift to an applicable individual unless the lobbyist receives the approval of the applicable individual to whom the gift is given before giving the gift.
(1) "Agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic established as an instrumentality of the state. The term does not include the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A political subdivision (as defined in IC 4-2-6-1).
(2) "Business relationship" has the meaning set forth in IC 4-2-6-1.
(3) "Employee" means an individual 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.
(4) "Ethics commission" means the state ethics commission created by IC 4-2-6-2.
(5) "Lobbyist" means an individual who:
(A) has a business relationship (as defined in IC 4-2-6-1) with an agency; and
(B) is registered as an executive branch lobbyist under rules adopted by the Indiana department of administration.
(6) "Person" has the meaning set forth in IC 4-2-6-1.
(7) "Special state appointee" has the meaning set forth in IC 4-2-6-1.
(8) "State officer" has the meaning set forth in IC 4-2-6-1.
(1) An individual described in IC 4-2-6-8(a).
(2) The spouse of an individual described in IC 4-2-6-8(a).
(3) An unemancipated child of an individual described in IC 4-2-6-8(a).
(1) a gift to the applicable individual with a value of more than fifty ($50) dollars; or
(2) gifts in a calendar year that together have a value of more than two hundred fifty dollars ($250).
(b) A report under this section must state the following:
(1) The name of the executive branch lobbyist making the gift.
(2) A description of the gift.
(3) The value of the gift.
(c) An executive branch lobbyist shall file a copy of a report required by this section with all the following:
(1) The commission.
(2) The applicable individual with respect to whom the report is made.
(d) An executive branch lobbyist shall file a report required by
this section not later than seven (7) days after making the gift.
(e) Not later than January 7, the commission shall provide to
each affected individual a written compilation of all reports filed
under subsection (c) relating to that affected individual. The
compilation must provide the following information to the affected
individual for each gift:
(1) A description of the gift.
(2) The value of the gift.
(3) The name of the executive branch lobbyist making the gift.
SECTION 41. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2011]: IC 2-7-1-1.5; IC 2-7-1-17; IC 2-7-3-6.
