Bill Text: IN HB1191 | 2013 | Regular Session | Introduced
Bill Title: Disclosure of lessors in government leases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Government and Regulatory Reform [HB1191 Detail]
Download: Indiana-2013-HB1191-Introduced.html
Introduced Version
HOUSE BILL No. 1191
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-20.5-5-8; IC 20-26-5-4.6; IC 36-1-4-6.5.
Synopsis: Disclosure of lessors in government leases. Provides that for
all leases entered into by the state, a local unit of government, or a
school corporation, the state, local unit, or school corporation shall
disclose the identity of: (1) each person who has a direct or indirect
interest in the leased property equal to or greater than ten percent of the
value of the leased property; and (2) any elected official or relative of
an elected official within one degree of kinship who has a direct or
indirect interest in the leased property equal to or greater than one
percent of the value of the leased property.
Effective: July 1, 2013.
DeLaney
January 10, 2013, read first time and referred to Committee on Government and Regulatory
Reform.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1191
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-20.5-5-8; (13)IN1191.1.1. -->
SECTION 1. IC 4-20.5-5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 8. (a) For the purposes of this section, a person is a
relative of an elected official within one (1) degree of kinship if the
person is:
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under section 7 of this chapter, the department shall obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be posted on the Internet web site of the department.
(d) The department shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under section 7 of this chapter; and
(2) any sublease entered into under a lease entered into under section 7 of this chapter.
(e) Beginning in 2014, before August 15 of each year, each state agency shall file with the commissioner a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the commissioner shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under section 7 of this chapter, the department shall obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be posted on the Internet web site of the department.
(d) The department shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under section 7 of this chapter; and
(2) any sublease entered into under a lease entered into under section 7 of this chapter.
(e) Beginning in 2014, before August 15 of each year, each state agency shall file with the commissioner a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the commissioner shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
SOURCE: IC 20-26-5-4.6; (13)IN1191.1.2. -->
SECTION 2. IC 20-26-5-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4.6. (a) For the purposes of this section, a person is a
relative of an elected official within one (1) degree of kinship if the
person is:
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under this chapter, a school corporation shall obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be forwarded to the state board of accounts.
(d) A school corporation shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under this chapter; and
(2) any sublease entered into under a lease entered into under this chapter.
(e) Beginning in 2014, before August 15 of each year, each school corporation shall file with the state board of accounts a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the state board of accounts shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under this chapter, a school corporation shall obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be forwarded to the state board of accounts.
(d) A school corporation shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under this chapter; and
(2) any sublease entered into under a lease entered into under this chapter.
(e) Beginning in 2014, before August 15 of each year, each school corporation shall file with the state board of accounts a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the state board of accounts shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
SOURCE: IC 36-1-4-6.5; (13)IN1191.1.3. -->
SECTION 3. IC 36-1-4-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6.5. (a) For the purposes of this section, a person is a
relative of an elected official within one (1) degree of kinship if the
person is:
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under this chapter, a unit must obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be forwarded to the state board of accounts.
(d) A unit shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under this chapter; and
(2) any sublease entered into under a lease entered into under this chapter.
(e) Beginning in 2014, before August 15 of each year, each unit shall file with the state board of accounts a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the state board of accounts shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
(1) the spouse of the elected official;
(2) a parent of the elected official;
(3) the spouse of a parent of the elected official;
(4) a child of the elected official;
(5) the spouse of a child of the elected official;
(6) a sibling of the elected official; or
(7) the spouse of a sibling of the elected official.
(b) For each lease entered into under this chapter, a unit must obtain the following information:
(1) The identity of the lessor.
(2) The identity of a broker used to obtain the lease and the amount of the fee paid to the broker.
(3) The amount of rent to be paid under the terms of the lease.
(4) The identity of each person who has a direct or indirect interest in the leased property equal to or greater than ten percent (10%) of the value of the leased property.
(5) The identity of any:
(A) elected official; or
(B) relative of an elected official within one (1) degree of kinship;
who has a direct or indirect interest in the leased property equal to or greater than one percent (1%) of the value of the leased property.
(c) The disclosures made under subsection (b) shall be made within thirty (30) days after the lease is signed and shall be forwarded to the state board of accounts.
(d) A unit shall also comply with the disclosure requirements of subsections (b) and (c) in the case of:
(1) any amendment to or extension of a lease entered into under this chapter; and
(2) any sublease entered into under a lease entered into under this chapter.
(e) Beginning in 2014, before August 15 of each year, each unit shall file with the state board of accounts a report concerning the leasing information required to be disclosed under this section. Beginning in 2014, before October 1 of each year, the state board of accounts shall compile and make available for public inspection a report concerning the lease information required to be disclosed under this section during the preceding state fiscal year.
