Introduced Version






HOUSE BILL No. 1038

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 2-2.1-3-2 ; IC 2-7-3.

Synopsis: Lobbying reports. Decreases the threshold from $100 to $25 at which a lobbyist must report gifts to members of the general assembly. Requires that the report must include a description and estimated value of each gift. Requires the lobby registration commission to publish the reports of gifts to legislators on the commission's Internet website. Makes conforming amendments to the statute describing the content of the legislator economic interest statement.

Effective: July 1, 2003.





Crooks




    January 7, 2003, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


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 this style type.
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HOUSE BILL No. 1038



    A BILL FOR AN ACT to amend the Indiana Code concerning the general assembly.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-2.1-3-2; (03)IN1038.1.1. -->     SECTION 1. IC 2-2.1-3-2 , AS AMENDED BY P.L.205-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Not later than seven (7) calendar days following the first session day in January of each year, every member of the general assembly shall file with the principal clerk of the house or secretary of the senate, respectively, a written statement of the member's or candidate's economic interests for the preceding calendar year listing the following:
        (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 A time or demand deposit in a financial institution or insurance policy need not 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.
            (B) Any single gift other than cash having a fair market value

in excess of one hundred that equals twenty-five dollars ($100). ($25) or more.
            However, a contribution made by a lobbyist to a charitable organization (as defined in Section 501(c) of the Internal Revenue Code) in connection with a social or sports event attended by legislators need not be listed by a member of the general assembly unless the contribution is made in the name of the legislator.
            (C) Any gifts other than cash having a fair market value in the aggregate in excess of two hundred fifty dollars ($250). Campaign contributions need not be listed. Gifts from a spouse or close relative need not be listed unless the donor has a substantial economic interest in a legislative matter.
        (9) The name of any lobbyist who is:
            (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.
        (10) The name of any person or entity on whose behalf the member or candidate has appeared before, contacted, or transacted business with any state agency or official thereof, the name of the state agency, the nature of the appearance, contact, or transaction, and the cause number, if any. This requirement does not apply when the services are rendered without compensation.
        (11) The name of any limited liability company of which the member of the general assembly, the candidate, or the member's or candidate's individual spouse has an interest.
    (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.

SOURCE: IC 2-7-3-3; (03)IN1038.1.2. -->     SECTION 2. IC 2-7-3-3 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The activity reports of each lobbyist shall include the following:
        (1) A complete and current statement of the information required to be supplied under IC 2-7-2-3 and IC 2-7-2-4.
        (2) Total expenditures on lobbying (prorated, if necessary) broken down to include at least the following categories:
            (A) Compensation to others who perform lobbying services.
            (B) Reimbursement to others who perform lobbying services.
            (C) Receptions.
            (D) Entertainment, including meals. However, a function to which the entire general assembly is invited is not lobbying under this article.
            (E) Gifts made to an employee of the general assembly or a member of the immediate family of an employee of the general assembly.
        (3) A statement of expenditures and gifts that equal one hundred twenty-five dollars ($100) ($25) or more in one (1) day, or that together total more than five hundred dollars ($500) during the calendar year, if the expenditures and gifts are made by the registrant or his the registrant's agent to benefit:
            (A) a member of the general assembly;
            (B) an officer of the general assembly;
            (C) an employee of the general assembly; or
            (D) a member of the immediate family of anyone included in clause (A), (B), or (C).
         The statement must include a description of each gift and the estimated value of each gift required to be reported under this subdivision.
        (4) Whenever a lobbyist makes an expenditure that is for the benefit of all of the members of the general assembly on a given occasion, the total amount expended shall be reported, but the lobbyist shall not prorate the expenditure among each member of the general assembly.
        (5) A list of the general subject matter of each bill or resolution concerning which a lobbying effort was made within the registration period.
        (6) The name of the beneficiary of each expenditure or gift made by the lobbyist or his agent that is required to be reported under subdivision (3).
        (7) The name of each member of the general assembly from whom the lobbyist has received an affidavit required under IC 2-2.1-3-3.5.


    (b) In the second semiannual report, when total amounts are required to be reported, totals shall be stated both for the period covered by the statement and for the entire reporting year.
    (c) An amount reported under this section is not required to include the following:
        (1) Overhead costs.
        (2) Charges for any of the following:
            (A) Postage.
            (B) Express mail service.
            (C) Stationery.
            (D) Facsimile transmissions.
            (E) Telephone calls.
        (3) Expenditures for the personal services of clerical and other support staff persons who are not lobbyists.
        (4) Expenditures for leasing or renting an office.
        (5) Expenditures for lodging, meals, and other personal expenses of the lobbyist.
SOURCE: IC 2-7-3-6; (03)IN1038.1.3. -->     SECTION 3. IC 2-7-3-6 , AS AMENDED BY P.L.205-1999, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) A lobbyist shall file a written report with respect to a member of the general assembly whenever either of the following occurs:
        (1) The lobbyist has made a purchase described in IC 2-2.1-3-2 (a)(7) with respect to that member. 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.
        (2) The lobbyist has made a gift described in IC 2-2.1-3-2 (a)(8) to that member.
    (b) A report required by subsection (a) must state the following:
        (1) The name of the lobbyist.
        (2) Whether the report covers a purchase described in IC 2-2.1-3-2 (a)(7) or a gift described in IC 2-2.1-3-2 (a)(8).
         (3) If the report is a report of a gift described in IC 2-2.1-3-2 (a), the report must include a description of each gift and the estimated value of each gift required to be reported under this section.
    (c) A lobbyist shall file a copy of a report required by this section with both of the following:
        (1) The commission.
        (2) The member of the general assembly with respect to whom the report is made.
    (d) A lobbyist shall file a report required by subsection (a) not more than thirty (30) days after making the purchase or giving the gift.
     (e) The commission shall publish reports filed under subsection (c) not later than ten (10) days after receiving the report through the computer gateway administered by the intelenet commission under IC 5-21-2.