HB 1001-23_ Filed 01/07/2010, 07:57 Fry
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1001 be amended to read as follows:
Replace the effective dates in SECTIONS 1 through 13 with
"[EFFECTIVE MARCH 14, 2010]".
SOURCE: Page 3, line 1; (10)MO100134.3. -->
Page 3, line 1, after "cash" insert ".".
Page 3, line 1, strike "having a fair market value".
Page 3, line 2, strike "in excess of".
Page 3, line 2, delete "fifty".
Page 3, line 2, strike "dollars".
Page 3, line 2, delete "($50).".
Page 3, strike lines 8 through 9.
Page 3, run in lines 7 through 10.
Page 4, line 15, strike "that equal".
Page 4, line 16, delete "fifty".
Page 4, line 16, strike "dollars".
Page 4, line 16, delete "($50)".
Page 4, line 16, strike "or more in one (1) day, or that together".
Page 4, strike line 17.
Page 4, line 18, strike "year,"
Page 6, line 10, after "cash" insert ".".
Page 6, line 10, strike "having".
Page 6, line 11, strike "a fair market value that exceeds".
Page 6, line 11, delete "fifty".
Page 6, line 11, strike "dollars".
Page 6, line 12, delete "($50).".
Page 6, strike lines 13 through 15.
Page 8, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 3-8-1-33; (10)MO100134.6. -->
"SECTION 6. IC 3-8-1-33, AS AMENDED BY P.L.2-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MARCH 14, 2010]: Sec. 33. (a) A candidate for an office listed in
subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with 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 county 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 local office, in accordance with
IC 36-1-20-5, except a candidate for a local office described in
subdivision (3).
SOURCE: IC 3-8-2-11; (10)MO100134.7. -->
SECTION 7. IC 3-8-2-11, AS AMENDED BY P.L.164-2006,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MARCH 14, 2010]: Sec. 11. (a) A declaration of candidacy may be
made by mail and is considered filed as of the date and hour the filing
occurs in the manner described by IC 3-5-2-24.5 in the office of the
election division or circuit court clerk.
(b) A declaration is not valid unless filed in the office of the election
division or circuit court clerk by noon on the seventy-fourth day before
a primary election.
(c) This subsection applies to a candidate required to file a
statement of economic
interest interests under IC 2-2.1-3-2 or
IC 33-23-11-15, or a financial disclosure statement under IC 4-2-6-8.
This subsection does not apply to a candidate for a local office
required to file a statement of economic interests under
IC 36-1-20-5. The election division shall require the candidate to
produce a:
(1) copy of the statement, file stamped by the office required to
receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The
election division shall reject a filing that does not comply with this
subsection.
(d) This subsection applies to a candidate for a local office
required to file a statement of economic interests under
IC 36-1-20-5. The circuit court clerk shall reject a declaration of
candidacy if the candidate has not filed a statement of economic
interests.".
SOURCE: Page 19, line 30; (10)MO100134.19. -->
Page 19, after line 30, begin a new paragraph and insert:
SOURCE: IC 36-1-20; (10)MO100134.16. -->
"SECTION 16. IC 36-1-20 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 20. Statements of Economic Interest
Sec. 1. As used in this chapter, "clerk" refers to the following:
(1) Except as provided in subdivision (2), the circuit court
clerk of the county of a political subdivision that contains the
greatest percentage of population of the political subdivision.
(2) An agency other than the circuit court clerk designated by
an ordinance adopted by the county legislative body to
perform the functions of the clerk under this chapter.
Sec. 2. (a) As used in this chapter, "local officer" refers to an
individual who holds a local office (as defined in IC 3-5-2-29).
(b) The term does not include any of the following:
(1) A judge of a circuit court.
(2) A judge of a superior court.
(3) A judge of a county court.
(4) A judge of a probate court.
(5) A prosecuting attorney.
Sec. 3. As used in this chapter, "statement" refers to a statement
of economic interests required by section 5 of this chapter.
Sec. 4. All civil penalties paid under this chapter shall be
deposited in the general fund of the political subdivision of the local
officer or candidate.
Sec. 5. (a) The following shall file a written statement of
economic interests:
(1) A local officer.
(2) A candidate for a local office. A candidate for a local office
described in section 2(b) of this chapter is not required to file
a statement under this section.
(b) A statement shall be filed with the clerk as follows:
(1) Not later than February 1 of every year, in the case of a
local officer.
(2) If an individual has not previously filed a statement under
subdivision (1) during the current calendar year and is filing
as a candidate for a local office required to file a statement
under subsection (a)(2), before:
(A) filing a declaration of candidacy under IC 3-8-2, a
petition of nomination under IC 3-8-6, or a declaration of
intent to be a write-in candidate under IC 3-8-2-2.5; or
(B) a certificate of nomination is filed under IC 3-8-5.
(3) Not later than sixty (60) days after taking office, unless the
previous office required the filing of a statement under this
section.
(4) Not later than thirty (30) days after leaving office, unless
the subsequent office requires the filing of a statement under
this section.
(c) A statement must be made under affirmation.
(d) The statement must set forth the following information for
the preceding calendar year or, in the case of a local officer who
leaves office, the period since the most recent statement was filed:
(1) The name and address of any person:
(A) who has done business with:
(i) the agency of the local officer; or
(ii) the office sought by the candidate; and
(B) from whom the local officer, candidate, or that
individual's spouse or unemancipated children received a
gift.
(2) The location of all real property in which the local officer
candidate, or that individual's spouse or unemancipated
children has an equitable or legal interest either amounting to
at least five thousand dollars ($5,000) or comprising ten
percent (10%) of the local officer's or candidate'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 local officer or candidate and that individual's spouse.
(4) The following information about any sole proprietorship
owned or professional practice operated by the local officer,
candidate 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 done business
with:
(i) the agency of the local officer; or
(ii) the office sought by the candidate.
(D) The name of any client or customer from whom the
local officer, candidate or that individual's spouse received
more than thirty-three percent (33%) of the local officer's,
candidate's or that individual's spouse's nongovernmental
income in a year.
(5) The name of any partnership of which the local officer,
candidate 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 local officer, candidate 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 local officer,
candidate or that individual's spouse or unemancipated
children own stock or stock options having a fair market
value exceeding 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 local officer's most recent
former employer.
(9) Additional information that the individual making the
disclosure chooses to include.
(e) A local officer, employee, special appointee, or candidate
may file an amended statement upon discovery of additional
information required to be reported.
(f) The state board of accounts may impose a civil penalty on an
individual who:
(1) fails to file a statement required by this section in a timely
manner; or
(2) files a deficient statement under this section.
The civil penalty is ten dollars ($10) for each day the statement
remains delinquent or deficient. The maximum penalty under this
subsection is one thousand dollars ($1,000).
(g) A person who intentionally or knowingly files a false
statement commits a Class A infraction.
(h) The state board of accounts shall prescribe the form of the
statement.
(i) The county shall publish all statements filed with the clerk
under this section on the county's Internet website.
SOURCE: ; (10)MO100134.17. -->
SECTION 17.
An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1001 as printed January 5, 2010.)
________________________________________
MO100134/DI 75 2010