HB 1453-2_ Filed 02/14/2011, 11:17 Pelath


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1453 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration and to make an appropriation.

SOURCE: Page 1, line 1; (11)MO145301.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 3-6-3.7-4; (11)MO145301.1. -->     "SECTION 1. IC 3-6-3.7-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) This section does not apply to the following:
        (1) A campaign in which an individual who holds the office of secretary of state is the candidate.
        (2) The secretary of state's appearance or attendance at or participation in a convention or other function sponsored by a national, state, or local political party.
    (b) An individual who holds the office of secretary of state may not do any of the following:
        (1) Serve in an official or unofficial capacity:
            (A) in the campaign of a candidate for elected office; or
            (B) for a person who makes disbursements for the direct costs of producing or airing a communication that expressly advocates the election or defeat of a clearly identifiable candidate.
        (2) Endorse a candidate for elected office.
        (3) Conduct fundraising activities for a candidate for elected office.
        (4) Solicit contributions for, or contribute to the campaign of, a candidate for elected office.
    (c) An individual who violates subsection (b) is subject to a civil penalty equal to the greater of the following, plus any investigative costs incurred and documented:
        (1) Two (2) times the amount of any contribution made or received under subsection (b)(3) or (b)(4).
        (2) Five thousand dollars ($5,000).
    (d) A civil penalty collected under this section must be deposited with the treasurer of state in the campaign finance enforcement account established by IC 3-6-4.1-24.
    (e) The attorney general may enforce this section under IC 4-6-2-1.7.

SOURCE: IC 3-6-4.1-24; (11)MO145301.2. -->     SECTION 2. IC 3-6-4.1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 24. (a) The campaign finance enforcement account is established within the state general fund to provide money for the following purposes:
        (1) Administering and enforcing IC 3-9.
        (2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technology to expand the capabilities of the computer system.
    (b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).
    (c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the attorney general under IC 3-6-3.7-4 or the commission under IC 3-9-4.
    (d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.".
SOURCE: Page 2, line 1; (11)MO145301.2. -->     Page 2, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 4-6-2-1.7; (11)MO145301.5. -->     "SECTION 5. IC 4-6-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. For violations of IC 3-6-3.7-4, the attorney general may take all actions necessary do any of the following:
        (1) Receive complaints concerning alleged violations of IC 3-6-3.7-4.
        (2) Instigate, supervise, and coordinate investigations concerning alleged violations of IC 3-6-3.7-4.
        (3) If the attorney general has reasonable cause to believe that a violation of IC 3-6-3.7-4 has occurred, file a civil action to
recover the civil penalty specified in IC 3-6-3.7-4(c) in any court with jurisdiction.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1453 as printed February 11, 2011.)

________________________________________

Representative Pelath


MO145301/DI 75     2011