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WITHDRAWN Noes _______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.)
________________________________________
MO145301/DI 75 2011