IC 2-2.1-3-1 Definitions; construction Sec. 1. As used in this chapter, and unless the context clearlydenotes otherwise: (a) "Close relative" means a person related to the person filing thestatement or to his spouse as a son, daughter, grandson,granddaughter, great-grandson, great-granddaughter, father, mother,grandfather, grandmother, great-grandfather, great-grandmother,brother, sister, nephew, niece, uncle, or aunt. Relatives by adoption,half-blood, marriage, or remarriage shall be treated as relatives ofwhole kinship. (b) "Committee" means the house legislative ethics committee, orthe senate legislative ethics committee, or both of them. (c) "Compensation" means any money, thing of value, oreconomic benefit conferred on, or received by, any person in returnfor services rendered, or for services to be rendered, whether by thatperson or another. (d) "Contribution" means any advance, conveyance, deposit,distribution, transfer of funds, loan, payment, gift, pledge, orsubscription of money or anything of value, and any contract,agreement, promise, or other obligation, whether or not legallyenforceable, to make a contribution in support of any candidate forthe house of representatives or senate. The term "contribution" doesnot include services by speakers, writers, publishers, or others forwhich no compensation is asked or given. (e) "Employer" means any person or entity from whom themember of or candidate for the general assembly or his spousereceived more than thirty-three percent (33%) of his nonlegislativeincome. (f) "Family business" means a corporation in which the memberof or candidate for the general assembly and his spouse own at leasteighty percent (80%) of the voting stock, regardless of whether all ora portion is owned jointly or severally. (g) "House" means the Indiana house of representatives. (h) "Information of a confidential nature" means informationobtained by reason of the position or office held and whichinformation has not been, or will not be, communicated to thegeneral public. (i) "Legislative matter" means any bill, resolution, or other issueor proposal presented in, or considered by, the house or senate or anycommittee or subcommittee thereof. (j) "Lobbyist" means any person, firm, corporation, limitedliability company, or association registered under IC 2-7-2. (k) "Person or entity" means any individual, proprietorship,limited liability company, partnership, unincorporated association,trust, business trust, group, or corporation, whether or not operatedfor profit, or a governmental agency or political subdivision. (l) "Senate" means the Indiana senate. (m) "State agency" means any department, commission, council,board, bureau, division, service, office, officer, administration, orother establishment in the executive or administrative branch of stategovernment. The term "state agency" does not include stateeducational institutions or the agencies of any municipality orpolitical subdivision of the state. (n) The masculine gender includes the masculine and feminine. (o) The singular form of any noun includes the plural whereverappropriate. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1977,P.L.2, SEC.1; P.L.5-1988, SEC.1; P.L.8-1993, SEC.1; P.L.2-2007,SEC.4.
IC 2-2.1-3-2 Version a Statement of economic interests Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability 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 ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) The name of any person whom the member or candidateknows to have been a lobbyist in the previous calendar year andknows to have purchased any of the following: (A) From the member or candidate, the member's orcandidate's sole proprietorship, or the member's orcandidate's family business, goods or services for which thelobbyist paid in excess of one hundred dollars ($100). (B) From the member's or candidate's partner, goods orservices for which the lobbyist paid in excess of onethousand dollars ($1,000). This subdivision does not apply to purchases made afterDecember 31, 1998, by a lobbyist from a legislator's retailbusiness made in the ordinary course of business at prices thatare available to the general public. For purposes of thissubdivision, a legislator's business is considered a retailbusiness if the business is a retail merchant as defined inIC 6-2.5-1-8. (8) The name of any person or entity from whom the member orcandidate received the following: (A) Any gift of cash from a lobbyist. (B) Any single gift other than cash having a fair marketvalue in excess of one hundred dollars ($100). However, a contribution made by a lobbyist to a charitableorganization (as defined in Section 501(c) of the InternalRevenue Code) in connection with a social or sports eventattended by legislators need not be listed by a member of thegeneral assembly unless the contribution is made in the name ofthe legislator. (C) Any gifts other than cash having a fair market value inthe aggregate in excess of two hundred fifty dollars ($250).Campaign contributions need not be listed. Gifts from aspouse or close relative need not be listed unless the donorhas 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (10) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,
or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (11) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person, who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1.
IC 2-2.1-3-2 Version b Statement of economic interests Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).
No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability company listed under subdivision (2), (3), or (4) andthe nature of the licensure or regulation. The requirement to file certain reports with the secretary ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (8) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (9) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1; P.L.58-2010, SEC.1.
IC 2-2.1-3-3 Repealed (Repealed by Acts 1979, P.L.2, SEC.3 and Acts 1979, P.L.5,
SEC.11.) IC 2-2.1-3-3.5 General assembly members; affidavits with lobbyists providingmore than one-third of nonlegislative income Sec. 3.5. (a) A member of the general assembly shall, not laterthan January 20 of each year, file an affidavit with any lobbyist whohas provided more than one-third (1/3) of the nonlegislative incomeof the member during the previous year. (b) An affidavit required by this section must state the following: (1) The name and address of the member of the generalassembly. (2) That the lobbyist provided more than one-third (1/3) of thenonlegislative income of the member. (3) The position or service for which the lobbyist provided theincome. As added by P.L.3-1992, SEC.2.
IC 2-2.1-3-4 Form of disclosure statements; availability; list of lobbyists Sec. 4. (a) The statements of economic interest required bysection 2 of this chapter shall be filed on forms provided by theprincipal clerk of the house or secretary of the senate, as the casemay be. Statements shall be kept by the principal clerk and thesecretary of the senate for one (1) year after the expiration of theterm during which they were filed. Any statement filed by a memberof or candidate for the general assembly shall be open to publicinspection and copies shall be made available to any person for areasonable fee. (b) Before July 1 each year, the Indiana lobby registrationcommission shall furnish to the clerk of the house and secretary ofthe senate a complete list of the lobbyists registered for the previoustwelve (12) month period. Copies of the list shall be available tomembers of and candidates for the general assembly and shall bedistributed by the clerk of the house and secretary of the senate withthe forms for statements of economic interest. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.2; P.L.3-1992, SEC.3; P.L.9-1993, SEC.2; P.L.4-1995,SEC.10.
IC 2-2.1-3-5 Legislative ethics committees; creation Sec. 5. There is hereby created a house of representativeslegislative ethics committee and a senate legislative ethics committeeto serve each house of the Indiana general assembly. Each suchcommittee shall be composed of six (6) members, three (3) from themajority party and three (3) from the minority party having thelargest number of members. Each member appointed shall serve onhis respective committee during his term as a member of the houseor senate. Vacancies on either committee shall be filled for the
unexpired term in the same manner as the original appointment. The three (3) majority party members of each committee shall beappointed by the speaker of the house or the president pro temporeof the senate, as appropriate. The three (3) minority party membersof each committee shall be appointed by the floor leader of theminority party having the largest number of members in theappropriate house. One (1) member of each committee shall bedesignated as chairman by the speaker of the house or the presidentpro tempore of the senate, as appropriate. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-6 Committee meetings; recommended code Sec. 6. The members of each committee shall meet and proceedto recommend a code of ethics for their respective houses by not laterthan thirty (30) days after the first session day of each legislativesession. Any code of ethics so recommended shall be consistent withthe constitution of the state of Indiana, the provisions of this chapterand any other applicable law. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-7 Committees; powers and duties Sec. 7. In addition to the responsibility to devise a code of ethics,each legislative ethics committee: (1) may receive and hear any complaint which alleges a breachof any privilege of the appropriate house, misconduct of anymember or any violation of the respective code of ethics,regardless of when the breach, misconduct, or violation isalleged to have occurred; (2) may obtain information with respect to any complaint filedpursuant to this section and to that end may compel theattendance and testimony of witnesses, and the production ofpertinent books and papers; (3) may recommend whatever sanction is appropriate withrespect to a particular member as will best maintain in theminds of the public a good opinion of the conduct and characterof members of the general assembly; (4) may recommend legislation to the general assembly relatingto the conduct and ethics of members of the general assembly; (5) shall act as an advisory body to the general assembly and toindividual members of the appropriate house on questionsrelating to possible conflicts of interest; and (6) shall conduct its investigations in the following manner: (A) When a complaint is filed with the committee, a copyshall promptly be sent to the person alleged to havecommitted the violation. If the committee determines thecomplaint does not allege facts sufficient to constitute a codeor statutory violation, the complaint shall be dismissed andthe complainant and respondent notified. If the committee
determines the complaint does allege facts sufficient toconstitute a code or statutory violation, it shall promptlyinvestigate the alleged violation. If, after such preliminaryinvestigation the committee finds that probable cause doesnot exist to support an alleged violation, the allegation shallbe dismissed. If the committee finds that probable causeexists to support an alleged violation, it shall convene ahearing on the matter within thirty (30) days after makingsuch determination. The committee may meet in executivesession to conduct a preliminary investigation and todetermine whether probable cause exists to support analleged violation. All committee investigations and recordsrelating to the preliminary investigation shall beconfidential. (B) If a hearing is to be held, the respondent shall be allowedto examine and make copies of all evidence in thecommittee's possession relating to the charges. At thehearing, the charged party shall be afforded appropriate dueprocess protection consistent with state administrativeprocedures, including the right to be represented by counsel,the right to call and examine witnesses, the right to introduceexhibits, and the right to cross-examine opposing witnesses. (C) After the hearing, the committee shall state its findingsof fact. If the committee, based on competent and substantialevidence, finds the respondent has violated a code orstatutory provision, it shall state its findings in writing in areport to the speaker of the house or president pro temporeof the senate, as appropriate. Such report shall be supportedand signed by a majority of the committee members. If thecommittee finds the respondent has not violated a code orstatutory provision, it shall dismiss the charges. (D) No committee member shall participate in any matter inwhich he is involved. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1992,SEC.4.
IC 2-2.1-3-8 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-9 General assembly members; unlawful compensation; confidentialinformation Sec. 9. No member of the general assembly shall accept anycompensation from any employment, transaction or investmentwhich was entered into or made as a result of material informationof a confidential nature. (Formerly: Acts 1974, P.L.4, SEC.1.) IC 2-2.1-3-9.5 "Honorarium"; member of general assembly may not receivehonorarium for appearance or speech made or given in capacity aslegislator Sec. 9.5. (a) As used in this section, "honorarium" means apayment of money for an appearance or a speech. The term does notinclude payment or reimbursement of travel expenses. (b) A member of the general assembly may not receive anhonorarium for an appearance or a speech made or given in themember's capacity as a legislator. As added by P.L.58-2010, SEC.2.
IC 2-2.1-3-10 General assembly members; unlawful compensation; persons witheconomic interest in legislation Sec. 10. No member of the general assembly shall receivecompensation for the sale or lease of any property or service whichsubstantially exceeds that which the member of the general assemblywould charge in the ordinary course of business from any person orentity whom he knows or, in the exercise of reasonable care anddiligence should know, has an economic interest in a legislativematter. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-11 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-11.5 General assembly members; distribution of literature Sec. 11.5. A member of the general assembly may distributeliterature that is available to residents of Indiana without cost fromthe state and may stamp the literature "Distributed by (insert thename of the member)". As added by P.L.5-1989, SEC.1.
IC 2-2.1-3-12 Knowing failure to file statements or filing false statements;knowing acceptance of prohibited honorarium; disorderlybehavior Sec. 12. The following constitute disorderly behavior and may bepunished by the house of representatives or senate as provided inArticle 4, Section 14 of the Constitution of the State of Indiana: (1) Willful failure to file a required statement by the deadlineprescribed in this chapter or knowingly filing a false statement. (2) Knowing violation of section 9, 9.5, or 10 of this chapter. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1989,SEC.2; P.L.58-2010, SEC.3.
IC 2-2.1-3-1 Definitions; construction Sec. 1. As used in this chapter, and unless the context clearlydenotes otherwise: (a) "Close relative" means a person related to the person filing thestatement or to his spouse as a son, daughter, grandson,granddaughter, great-grandson, great-granddaughter, father, mother,grandfather, grandmother, great-grandfather, great-grandmother,brother, sister, nephew, niece, uncle, or aunt. Relatives by adoption,half-blood, marriage, or remarriage shall be treated as relatives ofwhole kinship. (b) "Committee" means the house legislative ethics committee, orthe senate legislative ethics committee, or both of them. (c) "Compensation" means any money, thing of value, oreconomic benefit conferred on, or received by, any person in returnfor services rendered, or for services to be rendered, whether by thatperson or another. (d) "Contribution" means any advance, conveyance, deposit,distribution, transfer of funds, loan, payment, gift, pledge, orsubscription of money or anything of value, and any contract,agreement, promise, or other obligation, whether or not legallyenforceable, to make a contribution in support of any candidate forthe house of representatives or senate. The term "contribution" doesnot include services by speakers, writers, publishers, or others forwhich no compensation is asked or given. (e) "Employer" means any person or entity from whom themember of or candidate for the general assembly or his spousereceived more than thirty-three percent (33%) of his nonlegislativeincome. (f) "Family business" means a corporation in which the memberof or candidate for the general assembly and his spouse own at leasteighty percent (80%) of the voting stock, regardless of whether all ora portion is owned jointly or severally. (g) "House" means the Indiana house of representatives. (h) "Information of a confidential nature" means informationobtained by reason of the position or office held and whichinformation has not been, or will not be, communicated to thegeneral public. (i) "Legislative matter" means any bill, resolution, or other issueor proposal presented in, or considered by, the house or senate or anycommittee or subcommittee thereof. (j) "Lobbyist" means any person, firm, corporation, limitedliability company, or association registered under IC 2-7-2. (k) "Person or entity" means any individual, proprietorship,limited liability company, partnership, unincorporated association,trust, business trust, group, or corporation, whether or not operatedfor profit, or a governmental agency or political subdivision. (l) "Senate" means the Indiana senate. (m) "State agency" means any department, commission, council,board, bureau, division, service, office, officer, administration, orother establishment in the executive or administrative branch of stategovernment. The term "state agency" does not include stateeducational institutions or the agencies of any municipality orpolitical subdivision of the state. (n) The masculine gender includes the masculine and feminine. (o) The singular form of any noun includes the plural whereverappropriate. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1977,P.L.2, SEC.1; P.L.5-1988, SEC.1; P.L.8-1993, SEC.1; P.L.2-2007,SEC.4.
IC 2-2.1-3-2 Version a Statement of economic interests Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability 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 ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) The name of any person whom the member or candidateknows to have been a lobbyist in the previous calendar year andknows to have purchased any of the following: (A) From the member or candidate, the member's orcandidate's sole proprietorship, or the member's orcandidate's family business, goods or services for which thelobbyist paid in excess of one hundred dollars ($100). (B) From the member's or candidate's partner, goods orservices for which the lobbyist paid in excess of onethousand dollars ($1,000). This subdivision does not apply to purchases made afterDecember 31, 1998, by a lobbyist from a legislator's retailbusiness made in the ordinary course of business at prices thatare available to the general public. For purposes of thissubdivision, a legislator's business is considered a retailbusiness if the business is a retail merchant as defined inIC 6-2.5-1-8. (8) The name of any person or entity from whom the member orcandidate received the following: (A) Any gift of cash from a lobbyist. (B) Any single gift other than cash having a fair marketvalue in excess of one hundred dollars ($100). However, a contribution made by a lobbyist to a charitableorganization (as defined in Section 501(c) of the InternalRevenue Code) in connection with a social or sports eventattended by legislators need not be listed by a member of thegeneral assembly unless the contribution is made in the name ofthe legislator. (C) Any gifts other than cash having a fair market value inthe aggregate in excess of two hundred fifty dollars ($250).Campaign contributions need not be listed. Gifts from aspouse or close relative need not be listed unless the donorhas 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (10) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,
or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (11) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person, who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1.
IC 2-2.1-3-2 Version b Statement of economic interests Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).
No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability company listed under subdivision (2), (3), or (4) andthe nature of the licensure or regulation. The requirement to file certain reports with the secretary ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (8) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (9) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1; P.L.58-2010, SEC.1.
IC 2-2.1-3-3 Repealed (Repealed by Acts 1979, P.L.2, SEC.3 and Acts 1979, P.L.5,
SEC.11.) IC 2-2.1-3-3.5 General assembly members; affidavits with lobbyists providingmore than one-third of nonlegislative income Sec. 3.5. (a) A member of the general assembly shall, not laterthan January 20 of each year, file an affidavit with any lobbyist whohas provided more than one-third (1/3) of the nonlegislative incomeof the member during the previous year. (b) An affidavit required by this section must state the following: (1) The name and address of the member of the generalassembly. (2) That the lobbyist provided more than one-third (1/3) of thenonlegislative income of the member. (3) The position or service for which the lobbyist provided theincome. As added by P.L.3-1992, SEC.2.
IC 2-2.1-3-4 Form of disclosure statements; availability; list of lobbyists Sec. 4. (a) The statements of economic interest required bysection 2 of this chapter shall be filed on forms provided by theprincipal clerk of the house or secretary of the senate, as the casemay be. Statements shall be kept by the principal clerk and thesecretary of the senate for one (1) year after the expiration of theterm during which they were filed. Any statement filed by a memberof or candidate for the general assembly shall be open to publicinspection and copies shall be made available to any person for areasonable fee. (b) Before July 1 each year, the Indiana lobby registrationcommission shall furnish to the clerk of the house and secretary ofthe senate a complete list of the lobbyists registered for the previoustwelve (12) month period. Copies of the list shall be available tomembers of and candidates for the general assembly and shall bedistributed by the clerk of the house and secretary of the senate withthe forms for statements of economic interest. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.2; P.L.3-1992, SEC.3; P.L.9-1993, SEC.2; P.L.4-1995,SEC.10.
IC 2-2.1-3-5 Legislative ethics committees; creation Sec. 5. There is hereby created a house of representativeslegislative ethics committee and a senate legislative ethics committeeto serve each house of the Indiana general assembly. Each suchcommittee shall be composed of six (6) members, three (3) from themajority party and three (3) from the minority party having thelargest number of members. Each member appointed shall serve onhis respective committee during his term as a member of the houseor senate. Vacancies on either committee shall be filled for the
unexpired term in the same manner as the original appointment. The three (3) majority party members of each committee shall beappointed by the speaker of the house or the president pro temporeof the senate, as appropriate. The three (3) minority party membersof each committee shall be appointed by the floor leader of theminority party having the largest number of members in theappropriate house. One (1) member of each committee shall bedesignated as chairman by the speaker of the house or the presidentpro tempore of the senate, as appropriate. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-6 Committee meetings; recommended code Sec. 6. The members of each committee shall meet and proceedto recommend a code of ethics for their respective houses by not laterthan thirty (30) days after the first session day of each legislativesession. Any code of ethics so recommended shall be consistent withthe constitution of the state of Indiana, the provisions of this chapterand any other applicable law. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-7 Committees; powers and duties Sec. 7. In addition to the responsibility to devise a code of ethics,each legislative ethics committee: (1) may receive and hear any complaint which alleges a breachof any privilege of the appropriate house, misconduct of anymember or any violation of the respective code of ethics,regardless of when the breach, misconduct, or violation isalleged to have occurred; (2) may obtain information with respect to any complaint filedpursuant to this section and to that end may compel theattendance and testimony of witnesses, and the production ofpertinent books and papers; (3) may recommend whatever sanction is appropriate withrespect to a particular member as will best maintain in theminds of the public a good opinion of the conduct and characterof members of the general assembly; (4) may recommend legislation to the general assembly relatingto the conduct and ethics of members of the general assembly; (5) shall act as an advisory body to the general assembly and toindividual members of the appropriate house on questionsrelating to possible conflicts of interest; and (6) shall conduct its investigations in the following manner: (A) When a complaint is filed with the committee, a copyshall promptly be sent to the person alleged to havecommitted the violation. If the committee determines thecomplaint does not allege facts sufficient to constitute a codeor statutory violation, the complaint shall be dismissed andthe complainant and respondent notified. If the committee
determines the complaint does allege facts sufficient toconstitute a code or statutory violation, it shall promptlyinvestigate the alleged violation. If, after such preliminaryinvestigation the committee finds that probable cause doesnot exist to support an alleged violation, the allegation shallbe dismissed. If the committee finds that probable causeexists to support an alleged violation, it shall convene ahearing on the matter within thirty (30) days after makingsuch determination. The committee may meet in executivesession to conduct a preliminary investigation and todetermine whether probable cause exists to support analleged violation. All committee investigations and recordsrelating to the preliminary investigation shall beconfidential. (B) If a hearing is to be held, the respondent shall be allowedto examine and make copies of all evidence in thecommittee's possession relating to the charges. At thehearing, the charged party shall be afforded appropriate dueprocess protection consistent with state administrativeprocedures, including the right to be represented by counsel,the right to call and examine witnesses, the right to introduceexhibits, and the right to cross-examine opposing witnesses. (C) After the hearing, the committee shall state its findingsof fact. If the committee, based on competent and substantialevidence, finds the respondent has violated a code orstatutory provision, it shall state its findings in writing in areport to the speaker of the house or president pro temporeof the senate, as appropriate. Such report shall be supportedand signed by a majority of the committee members. If thecommittee finds the respondent has not violated a code orstatutory provision, it shall dismiss the charges. (D) No committee member shall participate in any matter inwhich he is involved. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1992,SEC.4.
IC 2-2.1-3-8 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-9 General assembly members; unlawful compensation; confidentialinformation Sec. 9. No member of the general assembly shall accept anycompensation from any employment, transaction or investmentwhich was entered into or made as a result of material informationof a confidential nature. (Formerly: Acts 1974, P.L.4, SEC.1.) IC 2-2.1-3-9.5 "Honorarium"; member of general assembly may not receivehonorarium for appearance or speech made or given in capacity aslegislator Sec. 9.5. (a) As used in this section, "honorarium" means apayment of money for an appearance or a speech. The term does notinclude payment or reimbursement of travel expenses. (b) A member of the general assembly may not receive anhonorarium for an appearance or a speech made or given in themember's capacity as a legislator. As added by P.L.58-2010, SEC.2.
IC 2-2.1-3-10 General assembly members; unlawful compensation; persons witheconomic interest in legislation Sec. 10. No member of the general assembly shall receivecompensation for the sale or lease of any property or service whichsubstantially exceeds that which the member of the general assemblywould charge in the ordinary course of business from any person orentity whom he knows or, in the exercise of reasonable care anddiligence should know, has an economic interest in a legislativematter. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-11 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-11.5 General assembly members; distribution of literature Sec. 11.5. A member of the general assembly may distributeliterature that is available to residents of Indiana without cost fromthe state and may stamp the literature "Distributed by (insert thename of the member)". As added by P.L.5-1989, SEC.1.
IC 2-2.1-3-12 Knowing failure to file statements or filing false statements;knowing acceptance of prohibited honorarium; disorderlybehavior Sec. 12. The following constitute disorderly behavior and may bepunished by the house of representatives or senate as provided inArticle 4, Section 14 of the Constitution of the State of Indiana: (1) Willful failure to file a required statement by the deadlineprescribed in this chapter or knowingly filing a false statement. (2) Knowing violation of section 9, 9.5, or 10 of this chapter. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1989,SEC.2; P.L.58-2010, SEC.3.
IC 2-2.1-3-1 Definitions; construction Sec. 1. As used in this chapter, and unless the context clearlydenotes otherwise: (a) "Close relative" means a person related to the person filing thestatement or to his spouse as a son, daughter, grandson,granddaughter, great-grandson, great-granddaughter, father, mother,grandfather, grandmother, great-grandfather, great-grandmother,brother, sister, nephew, niece, uncle, or aunt. Relatives by adoption,half-blood, marriage, or remarriage shall be treated as relatives ofwhole kinship. (b) "Committee" means the house legislative ethics committee, orthe senate legislative ethics committee, or both of them. (c) "Compensation" means any money, thing of value, oreconomic benefit conferred on, or received by, any person in returnfor services rendered, or for services to be rendered, whether by thatperson or another. (d) "Contribution" means any advance, conveyance, deposit,distribution, transfer of funds, loan, payment, gift, pledge, orsubscription of money or anything of value, and any contract,agreement, promise, or other obligation, whether or not legallyenforceable, to make a contribution in support of any candidate forthe house of representatives or senate. The term "contribution" doesnot include services by speakers, writers, publishers, or others forwhich no compensation is asked or given. (e) "Employer" means any person or entity from whom themember of or candidate for the general assembly or his spousereceived more than thirty-three percent (33%) of his nonlegislativeincome. (f) "Family business" means a corporation in which the memberof or candidate for the general assembly and his spouse own at leasteighty percent (80%) of the voting stock, regardless of whether all ora portion is owned jointly or severally. (g) "House" means the Indiana house of representatives. (h) "Information of a confidential nature" means informationobtained by reason of the position or office held and whichinformation has not been, or will not be, communicated to thegeneral public. (i) "Legislative matter" means any bill, resolution, or other issueor proposal presented in, or considered by, the house or senate or anycommittee or subcommittee thereof. (j) "Lobbyist" means any person, firm, corporation, limitedliability company, or association registered under IC 2-7-2. (k) "Person or entity" means any individual, proprietorship,limited liability company, partnership, unincorporated association,trust, business trust, group, or corporation, whether or not operatedfor profit, or a governmental agency or political subdivision. (l) "Senate" means the Indiana senate. (m) "State agency" means any department, commission, council,board, bureau, division, service, office, officer, administration, orother establishment in the executive or administrative branch of stategovernment. The term "state agency" does not include stateeducational institutions or the agencies of any municipality orpolitical subdivision of the state. (n) The masculine gender includes the masculine and feminine. (o) The singular form of any noun includes the plural whereverappropriate. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1977,P.L.2, SEC.1; P.L.5-1988, SEC.1; P.L.8-1993, SEC.1; P.L.2-2007,SEC.4.
IC 2-2.1-3-2 Version a Statement of economic interests Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability 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 ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) The name of any person whom the member or candidateknows to have been a lobbyist in the previous calendar year andknows to have purchased any of the following: (A) From the member or candidate, the member's orcandidate's sole proprietorship, or the member's orcandidate's family business, goods or services for which thelobbyist paid in excess of one hundred dollars ($100). (B) From the member's or candidate's partner, goods orservices for which the lobbyist paid in excess of onethousand dollars ($1,000). This subdivision does not apply to purchases made afterDecember 31, 1998, by a lobbyist from a legislator's retailbusiness made in the ordinary course of business at prices thatare available to the general public. For purposes of thissubdivision, a legislator's business is considered a retailbusiness if the business is a retail merchant as defined inIC 6-2.5-1-8. (8) The name of any person or entity from whom the member orcandidate received the following: (A) Any gift of cash from a lobbyist. (B) Any single gift other than cash having a fair marketvalue in excess of one hundred dollars ($100). However, a contribution made by a lobbyist to a charitableorganization (as defined in Section 501(c) of the InternalRevenue Code) in connection with a social or sports eventattended by legislators need not be listed by a member of thegeneral assembly unless the contribution is made in the name ofthe legislator. (C) Any gifts other than cash having a fair market value inthe aggregate in excess of two hundred fifty dollars ($250).Campaign contributions need not be listed. Gifts from aspouse or close relative need not be listed unless the donorhas 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (10) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,
or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (11) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person, who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1.
IC 2-2.1-3-2 Version b Statement of economic interests Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011. Sec. 2. (a) Not later than seven (7) calendar days following thefirst session day in January of each year every member of the generalassembly shall file with the principal clerk of the house or secretaryof the senate, respectively, a written statement of the member's orcandidate's economic interests for the preceding calendar year listingthe following: (1) The name of the member's or candidate's employer and theemployer of the member's or candidate's spouse and the natureof the employer's business. The house of representatives andsenate need not be listed as an employer. (2) The name of any sole proprietorship owned or professionalpractice operated by the member or candidate or the member'sor candidate's spouse and the nature of the business. (3) The name of any partnership of which the member orcandidate or the member's or candidate's spouse is a memberand the nature of the partnership's business. (4) The name of any corporation of which the member orcandidate or the member's or candidate's spouse is an officer ordirector and the nature of the corporation's business. Churchesneed not be listed. (5) The name of any corporation in which the member orcandidate or the member's or candidate's spouse orunemancipated children own stock or stock options having afair market value in excess of ten thousand dollars ($10,000).
No time or demand deposit in a financial institution orinsurance policy need be listed. (6) The name of any state agency or the supreme court ofIndiana which licenses or regulates the following: (A) The member's or candidate's or the member's orcandidate's spouse's profession or occupation. (B) Any proprietorship, partnership, corporation, or limitedliability company listed under subdivision (2), (3), or (4) andthe nature of the licensure or regulation. The requirement to file certain reports with the secretary ofstate or to register with the department of state revenue as aretail merchant, manufacturer, or wholesaler shall not beconsidered as licensure or regulation. (7) 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 assemblyis a partner, an officer, a director, a member, or an employee,and a description of the legislative matters which are the objectof the lobbyist's activity. (8) The name of any person or entity on whose behalf themember or candidate has appeared before, contacted, ortransacted business with any state agency or official thereof, thename of the state agency, the nature of the appearance, contact,or transaction, and the cause number, if any. This requirementdoes not apply when the services are rendered withoutcompensation. (9) The name of any limited liability company of which themember of the general assembly, the candidate, or the member'sor candidate's individual spouse has an interest. (b) Before any person who is not a member of the generalassembly files the person's declaration of candidacy, declaration ofintent to be a write-in candidate, or petition of nomination for officeor is selected as a candidate for the office under IC 3-13-1 orIC 3-13-2, the person shall file with the clerk of the house orsecretary of the senate, respectively, the same written statement ofeconomic interests for the preceding calendar year that this sectionrequires members of the general assembly to file. (c) Any member of or candidate for the general assembly may filean amended statement upon discovery of additional informationrequired to be reported. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.1; P.L.3-1992, SEC.1; P.L.9-1993, SEC.1; P.L.8-1993,SEC.2; P.L.2-1995, SEC.1; P.L.3-1995, SEC.2; P.L.3-1997, SEC.2;P.L.205-1999, SEC.1; P.L.58-2010, SEC.1.
IC 2-2.1-3-3 Repealed (Repealed by Acts 1979, P.L.2, SEC.3 and Acts 1979, P.L.5,
SEC.11.) IC 2-2.1-3-3.5 General assembly members; affidavits with lobbyists providingmore than one-third of nonlegislative income Sec. 3.5. (a) A member of the general assembly shall, not laterthan January 20 of each year, file an affidavit with any lobbyist whohas provided more than one-third (1/3) of the nonlegislative incomeof the member during the previous year. (b) An affidavit required by this section must state the following: (1) The name and address of the member of the generalassembly. (2) That the lobbyist provided more than one-third (1/3) of thenonlegislative income of the member. (3) The position or service for which the lobbyist provided theincome. As added by P.L.3-1992, SEC.2.
IC 2-2.1-3-4 Form of disclosure statements; availability; list of lobbyists Sec. 4. (a) The statements of economic interest required bysection 2 of this chapter shall be filed on forms provided by theprincipal clerk of the house or secretary of the senate, as the casemay be. Statements shall be kept by the principal clerk and thesecretary of the senate for one (1) year after the expiration of theterm during which they were filed. Any statement filed by a memberof or candidate for the general assembly shall be open to publicinspection and copies shall be made available to any person for areasonable fee. (b) Before July 1 each year, the Indiana lobby registrationcommission shall furnish to the clerk of the house and secretary ofthe senate a complete list of the lobbyists registered for the previoustwelve (12) month period. Copies of the list shall be available tomembers of and candidates for the general assembly and shall bedistributed by the clerk of the house and secretary of the senate withthe forms for statements of economic interest. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by Acts 1979,P.L.2, SEC.2; P.L.3-1992, SEC.3; P.L.9-1993, SEC.2; P.L.4-1995,SEC.10.
IC 2-2.1-3-5 Legislative ethics committees; creation Sec. 5. There is hereby created a house of representativeslegislative ethics committee and a senate legislative ethics committeeto serve each house of the Indiana general assembly. Each suchcommittee shall be composed of six (6) members, three (3) from themajority party and three (3) from the minority party having thelargest number of members. Each member appointed shall serve onhis respective committee during his term as a member of the houseor senate. Vacancies on either committee shall be filled for the
unexpired term in the same manner as the original appointment. The three (3) majority party members of each committee shall beappointed by the speaker of the house or the president pro temporeof the senate, as appropriate. The three (3) minority party membersof each committee shall be appointed by the floor leader of theminority party having the largest number of members in theappropriate house. One (1) member of each committee shall bedesignated as chairman by the speaker of the house or the presidentpro tempore of the senate, as appropriate. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-6 Committee meetings; recommended code Sec. 6. The members of each committee shall meet and proceedto recommend a code of ethics for their respective houses by not laterthan thirty (30) days after the first session day of each legislativesession. Any code of ethics so recommended shall be consistent withthe constitution of the state of Indiana, the provisions of this chapterand any other applicable law. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-7 Committees; powers and duties Sec. 7. In addition to the responsibility to devise a code of ethics,each legislative ethics committee: (1) may receive and hear any complaint which alleges a breachof any privilege of the appropriate house, misconduct of anymember or any violation of the respective code of ethics,regardless of when the breach, misconduct, or violation isalleged to have occurred; (2) may obtain information with respect to any complaint filedpursuant to this section and to that end may compel theattendance and testimony of witnesses, and the production ofpertinent books and papers; (3) may recommend whatever sanction is appropriate withrespect to a particular member as will best maintain in theminds of the public a good opinion of the conduct and characterof members of the general assembly; (4) may recommend legislation to the general assembly relatingto the conduct and ethics of members of the general assembly; (5) shall act as an advisory body to the general assembly and toindividual members of the appropriate house on questionsrelating to possible conflicts of interest; and (6) shall conduct its investigations in the following manner: (A) When a complaint is filed with the committee, a copyshall promptly be sent to the person alleged to havecommitted the violation. If the committee determines thecomplaint does not allege facts sufficient to constitute a codeor statutory violation, the complaint shall be dismissed andthe complainant and respondent notified. If the committee
determines the complaint does allege facts sufficient toconstitute a code or statutory violation, it shall promptlyinvestigate the alleged violation. If, after such preliminaryinvestigation the committee finds that probable cause doesnot exist to support an alleged violation, the allegation shallbe dismissed. If the committee finds that probable causeexists to support an alleged violation, it shall convene ahearing on the matter within thirty (30) days after makingsuch determination. The committee may meet in executivesession to conduct a preliminary investigation and todetermine whether probable cause exists to support analleged violation. All committee investigations and recordsrelating to the preliminary investigation shall beconfidential. (B) If a hearing is to be held, the respondent shall be allowedto examine and make copies of all evidence in thecommittee's possession relating to the charges. At thehearing, the charged party shall be afforded appropriate dueprocess protection consistent with state administrativeprocedures, including the right to be represented by counsel,the right to call and examine witnesses, the right to introduceexhibits, and the right to cross-examine opposing witnesses. (C) After the hearing, the committee shall state its findingsof fact. If the committee, based on competent and substantialevidence, finds the respondent has violated a code orstatutory provision, it shall state its findings in writing in areport to the speaker of the house or president pro temporeof the senate, as appropriate. Such report shall be supportedand signed by a majority of the committee members. If thecommittee finds the respondent has not violated a code orstatutory provision, it shall dismiss the charges. (D) No committee member shall participate in any matter inwhich he is involved. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1992,SEC.4.
IC 2-2.1-3-8 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-9 General assembly members; unlawful compensation; confidentialinformation Sec. 9. No member of the general assembly shall accept anycompensation from any employment, transaction or investmentwhich was entered into or made as a result of material informationof a confidential nature. (Formerly: Acts 1974, P.L.4, SEC.1.) IC 2-2.1-3-9.5 "Honorarium"; member of general assembly may not receivehonorarium for appearance or speech made or given in capacity aslegislator Sec. 9.5. (a) As used in this section, "honorarium" means apayment of money for an appearance or a speech. The term does notinclude payment or reimbursement of travel expenses. (b) A member of the general assembly may not receive anhonorarium for an appearance or a speech made or given in themember's capacity as a legislator. As added by P.L.58-2010, SEC.2.
IC 2-2.1-3-10 General assembly members; unlawful compensation; persons witheconomic interest in legislation Sec. 10. No member of the general assembly shall receivecompensation for the sale or lease of any property or service whichsubstantially exceeds that which the member of the general assemblywould charge in the ordinary course of business from any person orentity whom he knows or, in the exercise of reasonable care anddiligence should know, has an economic interest in a legislativematter. (Formerly: Acts 1974, P.L.4, SEC.1.)
IC 2-2.1-3-11 Repealed (Repealed by Acts 1978, P.L.2, SEC.203.)
IC 2-2.1-3-11.5 General assembly members; distribution of literature Sec. 11.5. A member of the general assembly may distributeliterature that is available to residents of Indiana without cost fromthe state and may stamp the literature "Distributed by (insert thename of the member)". As added by P.L.5-1989, SEC.1.
IC 2-2.1-3-12 Knowing failure to file statements or filing false statements;knowing acceptance of prohibited honorarium; disorderlybehavior Sec. 12. The following constitute disorderly behavior and may bepunished by the house of representatives or senate as provided inArticle 4, Section 14 of the Constitution of the State of Indiana: (1) Willful failure to file a required statement by the deadlineprescribed in this chapter or knowingly filing a false statement. (2) Knowing violation of section 9, 9.5, or 10 of this chapter. (Formerly: Acts 1974, P.L.4, SEC.1.) As amended by P.L.3-1989,SEC.2; P.L.58-2010, SEC.3.
