Citations Affected: IC 2-2.1; IC 2-7.
Synopsis: Lobbyist registration. Provides for a reduction in the annual
lobbyist registration fee if a lobbyist files all lobbying reports
electronically. Increases the maximum civil penalties the lobby
registration commission may impose. Changes the date by which
legislators are required to file a statement of economic interests to not
later than January 31 of each year. Changes the date that a lobbyist
must file an activity report for the second half of the previous calendar
year from to not later than January 31 to not later than January 15.
Effective: July 1, 2002.
November 20, 2001, read first time and referred to Committee on Ethics.
January 24, 2002, reported favorably _ Do Pass.
January 28, 2002, read second time, ordered engrossed.
January 29, 2002, engrossed.
February 1, 2002, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
SECTION 1. IC 2-2.1-3-2, AS AMENDED BY P.L.205-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) Not later than seven (7) calendar days
following the first session day in January 31 of each year, every
member of the general assembly shall file with the principal clerk of
the house or secretary of the senate, respectively, a written statement
of the member's or candidate's economic interests for the preceding
calendar year listing the following:
(1) The name of the member's or candidate's employer and the
employer of the member's or candidate's spouse and the nature of
the employer's business. The house of representatives and senate
need not be listed as an employer.
(2) The name of any sole proprietorship owned or professional
practice operated by the member or candidate or the member's or
candidate's spouse and the nature of the business.
(3) The name of any partnership of which the member or
candidate or the member's or candidate's spouse is a member and
the nature of the partnership's business.
(4) The name of any corporation of which the member or
candidate or the member's or candidate's spouse is an officer or
director and the nature of the corporation's business. Churches
need not be listed.
(5) The name of any corporation in which the member or
candidate or the member's or candidate's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). No time
or demand deposit in a financial institution or insurance policy
need be listed.
(6) The name of any state agency or the supreme court of Indiana
which licenses or regulates the following:
(A) The member's or candidate's or the member's or
candidate's spouse's profession or occupation.
(B) Any proprietorship, partnership, corporation, or limited
liability company listed under subdivision (2), (3), or (4) and
the nature of the licensure or regulation.
The requirement to file certain reports with the secretary of state
or to register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler shall not be considered as
licensure or regulation.
(7) The name of any person whom the member or candidate
knows to have been a lobbyist in the previous calendar year and
knows to have purchased any of the following:
(A) From the member or candidate, the member's or
candidate's sole proprietorship, or the member's or candidate's
family business, goods or services for which the lobbyist paid
in excess of one hundred dollars ($100).
(B) From the member's or candidate's partner, goods or
services for which the lobbyist paid in excess of one thousand
dollars ($1,000).
This subdivision does not apply to purchases made after
December 31, 1998, by a lobbyist from a legislator's retail
business made in the ordinary course of business at prices that are
available to the general public. For purposes of this subdivision,
a legislator's business is considered a retail business if the
business is a retail merchant as defined in IC 6-2.5-1-8.
(8) The name of any person or entity from whom the member or
candidate received the following:
(A) Any gift of cash from a lobbyist.
(B) Any single gift other than cash having a fair market value
in excess of one hundred dollars ($100).
However, a contribution made by a lobbyist to a charitable
organization (as defined in Section 501(c) of the Internal Revenue
Code) in connection with a social or sports event attended by
legislators need not be listed by a member of the general assembly
unless the contribution is made in the name of the legislator.
(C) Any gifts other than cash having a fair market value in the
aggregate in excess of two hundred fifty dollars ($250).
Campaign contributions need not be listed. Gifts from a spouse
or close relative need not be listed unless the donor has a
substantial economic interest in a legislative matter.
(9) The name of any lobbyist who is:
(A) a member of a partnership or limited liability company;
(B) an officer or a director of a corporation; or
(C) a manager of a limited liability company;
of which the member of or candidate for the general assembly is
a partner, an officer, a director, a member, or an employee, and a
description of the legislative matters which are the object of the
lobbyist's activity.
(10) The name of any person or entity on whose behalf the
member or candidate has appeared before, contacted, or
transacted business with any state agency or official thereof, the
name of the state agency, the nature of the appearance, contact, or
transaction, and the cause number, if any. This requirement does
not apply when the services are rendered without compensation.
(11) The name of any limited liability company of which the
member of the general assembly, the candidate, or the member's
or candidate's individual spouse has an interest.
(b) Before any person, who is not a member of the general assembly
files the person's declaration of candidacy, declaration of intent to be
a write-in candidate, or petition of nomination for office or is selected
as a candidate for the office under IC 3-13-1 or IC 3-13-2, the person
shall file with the clerk of the house or secretary of the senate,
respectively, the same written statement of economic interests for the
preceding calendar year that this section requires members of the
general assembly to file.
(c) Any member of or candidate for the general assembly may file
an amended statement upon discovery of additional information
required to be reported.
SECTION 2. IC 2-7-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. (a) Each lobbyist shall file
annually with the commission a registration statement under oath
accompanied by the registration fee required by this section.
(b) Except as provided in subsection (c), the registration fee is:
(1) fifty dollars ($50) if the lobbyist files all reports required
under this article electronically; and
(2) one hundred dollars ($100) if subdivision (1) does not apply.
(c) The registration fee of a lobbyist that satisfies either of the
following is fifty dollars ($50):
(1) The lobbyist is a nonprofit organization exempt from federal
income taxation under Section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code.
(2) The lobbyist:
(A) is an employee of a lobbyist described in subdivision (1);
and
(B) performs lobbying services for the employer as part of the
lobbyist's salaried responsibilities.
If a lobbyist to which this subsection applies files all reports
required under this article electronically, the registration fee is
twenty-five dollars ($25).
SECTION 3. IC 2-7-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2. (a) Each registration statement
shall be filed not later than January 15 or within fifteen (15) days after
the registrant becomes a lobbyist, whichever is later. Each registration
statement expires on December 31 of the year for which it was issued.
The commission may accept registration statements before January 1
of the year to which they apply, as the commission determines.
(b) Subject to subsections (c) and (d), the commission shall impose
a late registration fee of ten dollars ($10) per day for each day after the
deadline until the statement is filed.
(c) The late registration fee shall not exceed one hundred thousand
dollars ($100). ($1,000).
(d) The commission may waive the late registration fee if the
commission determines that the circumstances make imposition of the
fee inappropriate.
SECTION 4. IC 2-7-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2. (a) One (1) activity report shall
be filed not later than July 31, covering the period from January 1
through June 30. The other activity report shall be filed not later than
January 31, 15, covering the period from July 1 through December 31
of the immediately preceding calendar year.
(b) Subject to subsections (c) and (d), the commission shall impose
a penalty of ten dollars ($10) per day for each day that the person fails
to file any report required by this chapter until the report is filed.