Senate Bill 0114
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DIGEST OF SB114 (Updated February 2, 2010 12:00 pm - DI 84)
Government ethics. Provides that legislative statements of economic interests are not required to report gifts made to the filer or purchases by a lobbyist from the filer's business. Requires legislative branch lobbyists to report such expenses. Requires the lobby registration commission to compile reports of these purchases and gifts and provide them to the legislator or candidate. Provides that legislators may not accept honoraria for appearances or speeches but may accept payment or reimbursement of travel expenses for appearances or speeches. Reduces the amount of a single gift or expenditure that must be reported by a lobbyist from $100 to $50. Reduces the calendar year threshold of gifts and expenditures that must be reported from $500 to $250. Provides that a lobbyist may not make a gift with a value of more than $50 to a legislative person unless the lobbyist receives the approval of the legislative person before making the gift and informs the legislative person the cost of the gift the lobbyist wants to make at the time the lobbyist seeks consent to the gift. Provides that a lobbyist may not pay expenses for out-of-state travel for a legislative person with exceptions for: (1) "public policy meetings" approved by speaker of the house of representatives or the president pro tempore of the senate; or (2) if the expenses are associated with the legislative person's service as an officer, member of the board of directors, employee, or independent contractor of the person paying the expenses. Provides that the definition of a legislative branch "lobbyist" does not include public officials, public employees, or a national organization established for the education and support of legislators, legislative staff, or related government employees. Requires expenditures that can be "clearly and reasonably" attributed to a particular legislative person to be reported with respect to that legislative person. Requires that a lobbyist's expenditure report must include expenses for a function or activity to which all of any of the following are invited: (1) members of the general assembly; (2) members of the house of representatives; (3) members of the senate; (4) members of a standing or other committee established by the rules of the house of representative or senate; (4) members of a study committee; or (5) members of a caucus of the house of representatives or the senate. Establishes rules for reporting an expenditure made by more than one lobbyist, the reporting of expenditures with respect to a particular legislative person, and allocation of expenditures made with respect to several legislative persons. Changes the time during which a lobbyist must report certain expenditures with a legislator from seven days to 15 business days. Increases the daily penalty for failure to file lobbyist registration statements and activity reports from $10 per day to $100 per day. Increases the maximum penalty for failure to file lobbyist registration statements and activity reports from $100 to $4,500. Defines "conflict of interest" for lobbyists. Requires lobbyists to file with the Indiana lobby registration commission a description of the procedure that will be utilized if conflicts arise. Requires the procedure to be incorporated into the lobbyist's contract with clients. Requires the lobby registration commission to make available on the Internet all reports, statements, and documents filed with the commission and all manuals, indices, summaries, and other documents the commission is required to compile, publish, or maintain. Requires "legislative liaisons" of agencies in the executive branch of state government and of state educational institutions to report certain expenditures annually to the lobby registration commission. Provides that legislators who are candidates for reelection in 2010 may not become a lobbyist or legislative liaison before January 1, 2012 and that beginning with this date, a legislator must wait 365 days after leaving the general assembly before becoming a lobbyist or legislative liaison. Provides that state elected official may not use the state elected official's name or likeness in an audio, video, or newspaper publication paid for entirely or in part with appropriations made by the general assembly, regardless of the source of the money. Provides that this prohibition does not apply to a communication made by the governor concerning the public health or safety or by a state elected official for a publication that has a "compelling public policy reason" that is approved by the budget committee and the budget agency. Provides that a state elected official may use the title of the office the state elected official holds in a communication. Provides that elected state officers and candidates for state office may not raise funds during same period during long session when legislators are barred from fundraising. Removes a requirement that candidates for the general assembly file candidate documents with the circuit court clerk. Requires the circuit court clerk to provide copies of legislative candidacy documents from the election division's or the secretary of state's website to person requesting to see these documents. Makes technical changes. Repeals superseded statutes.
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