SB 114-1_ Filed 01/11/2010, 18:13
Adopted 01/11/2010
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate
Bill No. 114, has had the same under consideration and begs leave to report the same back to
the Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 6, line 28; (10)CR011401.6. -->
Page 6, line 28, delete "eighteen" and insert " nine".
Page 6, line 29, delete "($18,000)." and insert " ($9,000).".
Page 7, line 3, delete "eighteen" and insert " nine".
Page 7, line 4, delete "($18,000)" and insert " ($9,000)".
Page 7, delete lines 8 through 42, begin a new paragraph and insert:
SOURCE: IC 2-7-3-3; (10)CR011401.16. -->
"SECTION 16. IC 2-7-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3. (a) The activity
reports of each lobbyist shall include the following
information:
(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) (2) Subject to section 3.5 of this chapter, a statement of
expenditures and gifts each expenditure that equal one hundred
equals fifty dollars ($100) ($50) or more in one (1) day, or
expenditures that together total more than five two hundred fifty
dollars ($500) ($250) during the calendar year, if the expenditures
and gifts are made by the registrant or his the registrant's agent
to benefit a specific applicable individual.
(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).
(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.
(3) Subject to section 3.5 of this chapter, a statement of
general expenditures.
(5) (4) 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) (5) 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 2-7-3-3.5; (10)CR011401.17. -->
SECTION 17. IC 2-7-3-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 3.5. The following rules apply to reporting
expenditures:
(1) If an expenditure can clearly and reasonably be attributed
to a particular applicable individual, the expenditure must be
reported with respect to that particular individual and may
not be included as part of a general expenditure.
(2) A report of an expenditure with respect to a particular
applicable individual:
(A) must report actual amounts to the extent practicable;
and
(B) may not allocate to the particular applicable individual
a prorated amount derived from an expense made with
respect to several applicable individuals.
(3) The report of an expenditure with respect to a particular
applicable individual may not include any amount that the
particular applicable individual contributed to the
expenditure.
(4) If an expenditure cannot clearly and reasonably be
attributed to a particular applicable individual, the
expenditure must be reported as a general expenditure in one
(1) of the following categories:
(A) Compensation to others who perform lobbying
services.
(B) Reimbursement to others who perform lobbying
services.
(C) Payment for the cost of receptions, entertainment, and
meals.
(D) Gifts.
(E) Any other category that the commission prescribes by
rule.
(5) An activity report must report expenditures for a function
or activity to which any of the following are invited:
(A) All members.
(B) All members of a standing or other committee
established by the rules of the house of representatives or
the senate.
(C) All members of a study committee established by
statute or by the legislative council.
Expenditures reported for a function or activity described in
this subdivision may not be allocated and reported with
respect to a particular applicable individual unless the
particular expenditure can clearly and reasonably be
allocated to the particular applicable individual.
(6) 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
such an expenditure, the following apply:
(A) 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.
(B) 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 (1) lobbyist made an expenditure of that
amount.
(7) A report of an expenditure is not required to include the
cost of any of the following:
(A) Overhead.
(B) Postage.
(C) Express mail service.
(D) Stationery.
(E) Facsimile transmissions.
(F) Telephone calls.
(G) The personal services of clerical and other support
staff persons who are not lobbyists.
(H) Leasing or renting an office.
(I) Lodging, meals, and other personal expenses of the
lobbyist.".
Delete page 8.
SOURCE: Page 9, line 1; (10)CR011401.9. -->
Page 9, delete lines 1 through 14.
Page 10, line 2, delete "seven (7)" and insert "
fifteen (15)".
Page 10, line 32, delete "seven (7)" and insert "
fifteen (15)".
Page 11, line 39, after "made." insert "
The lobbyist must inform
the particular applicable individual the cost of the expenditure at
the time the lobbyist seeks the consent of the particular
individual.".
Page 24, line 5, after "to" delete "a" and insert "
the following:
(1) A communication made by the governor concerning the
public health or safety.
(2) A communication:
(A) that a compelling public policy reason justifies the state
officer to make; and
(B) the expenditure for which is approved by the budget
agency after an advisory recommendation from the budget
committee.".
Page 24, delete lines 6 through 7.
Page 24, delete lines 20 through 42.
Delete page 25.
Page 26, delete lines 1 through 9.
Renumber all SECTIONS consecutively.
(Reference is to SB 114 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 12, Nays 0.
____________________________________
Long
CR011401/DI 75 2010