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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Fry


MO100134/DI 75     2010