Introduced Version
HOUSE BILL No. 1350
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-2.1-3-2; IC 2-7.
Synopsis: Lobbyist activity reports. Requires a lobbyist to file monthly
activity reports listing the expenditures and gifts that equal ten dollars
or more in one day, or that together total more than $50 during the
calendar year, if the expenditures and gifts are made by the lobbyist or
the lobbyist's agent to benefit: (1) a member of the general assembly;
(2) an officer of the general assembly; (3) an employee of the general
assembly; or (4) a member of the immediate family of any of these
persons. Requires the information reported on the monthly activity
reports to be compiled and totaled on the semiannual activity reports.
Reduces from $100 to $10 the minimum reportable amount of a single
gift that a legislator or a candidate for the general assembly must report
on the statement of economic interests. Reduces from $250 to $100 the
amount of aggregate annual gifts that a legislator or a candidate for the
general assembly must report on the statement of economic interests.
Requires the lobby registration commission to impose a penalty of $50
per day for each day a lobbyist's activity report is late up to a maximum
of $5,000 per report. (Under current law the penalty is $10 per day up
to a maximum of $100 per report.) Provides that a function to which
the entire general assembly is invited must be reported as a lobbying
expense. Requires the lobby registration commission to make
statements, reports, and other documents filed with the commission
available for public inspection in a searchable data base on the
commission's website. Provides that a person who knowingly or
intentionally makes a false report under the lobbyist registration statute
commits a Class D felony.
Effective: July 1, 2009.
Dvorak
January 13, 2009, read first time and referred to Committee on Rules and Legislative
Procedures.
Introduced
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1350
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-2.1-3-2; (09)IN1350.1.1. -->
SECTION 1. IC 2-2.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Not later than
seven (7) calendar days following the first session day in January 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 ten dollars ($100). ($10).
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 one hundred fifty dollars ($250).
($100). 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.
SOURCE: IC 2-7-3-1; (09)IN1350.1.2. -->
SECTION 2. IC 2-7-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Each lobbyist shall file
semiannually with the commission an activity report the following
reports under oath: He
(1) The monthly activity reports required by section 2.7 of this
chapter.
(2) The semiannual activity reports required by section 3 of
this chapter.
(b) A lobbyist shall file a separate activity report relating to each
person from whom he the lobbyist receives payment for lobbying.
SOURCE: IC 2-7-3-2; (09)IN1350.1.3. -->
SECTION 3. IC 2-7-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) One (1) activity report shall
be filed not later than May 31, covering the period from November 1
of the immediately preceding calendar year through April 30. The other
activity report shall be filed not later than November 30, covering the
period from May 1 through October 31. The commission shall provide
a copy of an activity report to a member of the general assembly at the
request of the member.
(b) (a) Subject to subsections (b) and (c), and (d), the commission
shall impose a penalty of ten fifty dollars ($10) ($50) per day for each
day that the person fails to file any report required by this chapter until
the report is filed.
(c) (b) The penalty shall not exceed one hundred five thousand
dollars ($100) ($5,000) per report.
(d) (c) The commission may waive the penalty if the commission
determines that the circumstances make imposition of the penalty
inappropriate.
SOURCE: IC 2-7-3-2.7; (09)IN1350.1.4. -->
SECTION 4. IC 2-7-3-2.7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 2.7. (a) Not later than the fifteenth day of each month,
a lobbyist shall file a monthly activity report with the commission
covering the previous calendar month.
(b) The report required by this section must include the
following information:
(1) A statement of expenditures and gifts that equal ten
dollars ($10) or more in one (1) day, or that together total
more than fifty dollars ($50) during the calendar year, if the
expenditures and gifts are made by the lobbyist or the
lobbyist's agent to benefit any of the following:
(A) A member of the general assembly.
(B) An officer of the general assembly.
(C) An employee of the general assembly.
(D) A member of the immediate family of anyone described
in clause (A), (B), or (C).
(2) The name of the beneficiary of each expenditure or gift
made by the lobbyist or the lobbyist's agent that is required
to be reported under subdivision (1).
(3) A statement of expenditures for a function to which the
entire general assembly is invited. 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.
SOURCE: IC 2-7-3-3; (09)IN1350.1.5. -->
SECTION 5. IC 2-7-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The
semiannual activity
reports of each lobbyist shall include the following:
(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) A statement of expenditures and gifts that equal one hundred
dollars ($100) or
more in one (1) day, or that together total more
than five hundred dollars ($500) during the calendar year, if the
expenditures and gifts are made by the registrant or his agent to
benefit:
(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) A compilation and totals of all information required to be
reported on the November through the April monthly activity
reports under section 2.7 of this chapter.
(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) (5) 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) (6) 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.
The semiannual report required by this subsection shall be filed
not later than May 31 and must cover the period from November
1 of the immediately preceding calendar year through April 30.
(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. The
semiannual report required by this subsection shall be filed not
later than November 30 and must cover the period from May 1
through October 31.
(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 2-7-3-6; (09)IN1350.1.6. -->
SECTION 6. IC 2-7-3-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A lobbyist shall file a written
report with respect to a member of the general assembly whenever
either of the following occurs:
(1) The lobbyist has made a purchase described in
IC 2-2.1-3-2(a)(7) with respect to that member. This subdivision
does not apply to purchases made 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.
(2) The lobbyist has made a gift described in IC 2-2.1-3-2(a)(8)
to that member.
(b) A report required by subsection (a) must state the following:
(1) The name of the lobbyist.
(2) Whether the report covers a purchase described in
IC 2-2.1-3-2(a)(7) or a gift described in IC 2-2.1-3-2(a)(8).
(c) A lobbyist shall file a copy of a report required by this section
with all the following:
(1) The commission.
(2) The member of the general assembly with respect to whom the
report is made.
(3) The principal clerk of the house of representatives, if the
legislator is a member of the Indiana house of representatives.
(4) The secretary of the senate, if the legislator is a member of the
Indiana senate.
(d) A lobbyist shall file a report required by subsection (a) not later
than seven (7) days after making the purchase or giving the gift.
(e) Not later than January 7, the commission shall provide to each
member of the general assembly a written compilation of all reports
filed under subsection (c) relating to that member. The compilation
must satisfy the following:
(1) For each member the compilation must list the following for
the immediately preceding calendar year:
(A) Each purchase described in IC 2-2.1-3-2(a)(7).
(B) Each gift described in IC 2-2.1-3-2(a)(8) itemized as
follows:
(i) Any gift of cash from the lobbyist.
(ii) Any single gift from the lobbyist other than cash having
a fair market value that exceeds one hundred ten dollars
($100). ($10).
(iii) Any gifts from the lobbyist other than cash having a fair
market value in the aggregate that exceeds two one hundred
fifty dollars ($250). ($100).
(2) For each purchase or gift, the compilation must identify the
name of the lobbyist making the purchase or giving the gift.
SOURCE: IC 2-7-3-7; (09)IN1350.1.7. -->
SECTION 7. IC 2-7-3-7 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 7. The commission shall provide a copy of an activity
report to a member of the general assembly at the request of the
member.
SOURCE: IC 2-7-4-3; (09)IN1350.1.8. -->
SECTION 8. IC 2-7-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3.
(a) The commission shall make
statements, reports, and other documents filed with the commission
under this article available for public inspection and copying during
regular office hours and make copying facilities available to the public
at a charge not to exceed actual cost.
(b) The commission shall make statements, reports, and other
documents filed with the commission under this article available
for public inspection in a searchable data base on the commission's
website.
SOURCE: IC 2-7-6-3; (09)IN1350.1.9. -->
SECTION 9. IC 2-7-6-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. Whoever knowingly or
intentionally makes a false report under this
chapter that overstates or
understates the amount of any or all expenditures or gifts article
commits a Class D felony.