HOUSE BILL No. 1006
_____
DIGEST OF HB 1006
(Updated March 28, 2013 11:40 am - DI 106)
Citations Affected: Numerous provisions throughout the Indiana
Code.
(Continued next page)
Effective: July 1, 2013; July 1, 2014.
Steuerwald, McMillin, Pierce,
Lawson L
(SENATE SPONSORS _ STEELE, YOUNG R MICHAEL, HUME,
TAYLOR, RANDOLPH)
January 10, 2013, read first time and referred to Committee on Courts and Criminal Code.
January 17, 2013, amended, reported _ Do Pass; referred to Committee on Ways and
Means pursuant to House Rule 127.
February 19, 2013, amended, reported _ Do Pass.
February 21, 2013, read second time, ordered engrossed.
February 22, 2013, engrossed.
February 25, 2013, read third time, passed. Yeas 80, nays 13.
SENATE ACTION
February 27, 2013, referred to Committee on Corrections and Criminal Law.
April 1, 2013, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
Digest Continued
criminal deviate conduct into the crime of rape. Changes the phrase
"deviate sexual conduct" to "other sexual conduct". Repeals laws
concerning carjacking, and failure of a student athlete to disclose
recruitment. Removes the current four level felony penalty
classification and replaces that classification with a six level felony
penalty classification. Assigns new felony penalties to each crime.
Urges the legislative council to require an existing study committee to
evaluate the criminal law statutes in IC 7.1 and IC 9 and to make
recommendations to the general assembly for the modification of the
criminal law statutes in those titles. Makes technical corrections.
Makes conforming amendments. (The introduced version of this bill
was prepared by the criminal code evaluation commission.)
April 2, 2013
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1006
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-7-6-2; (13)EH1006.1.1. -->
SECTION 1. IC 2-7-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 2. (a) Any person who knowingly
or intentionally violates any provision of IC 2-7-2, IC 2-7-3, or IC 2-7-5
commits unlawful lobbying, a Class D Level 6 felony. In addition to
any penalty imposed on the defendant under IC 35-50-2-7 for unlawful
lobbying, the court may order the defendant not to engage in lobbying
for a period of up to ten (10) years, IC 2-7-5-6 notwithstanding.
(b) Any person who lobbies in contravention of a court order under
subsection (a) of this section commits a Class D Level 6 felony.
SOURCE: IC 2-7-6-3; (13)EH1006.1.2. -->
SECTION 2. IC 2-7-6-3, AS AMENDED BY P.L.58-2010,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 3. A person who knowingly or intentionally makes
a false report under this article that overstates or understates the
amount of an expenditure or gift commits a Class D Level 6 felony.
SOURCE: IC 2-7-6-4; (13)EH1006.1.3. -->
SECTION 3. IC 2-7-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 4. A member of the general
assembly who knowingly or intentionally conspires with a lobbyist in
the violation of section 2 or section 3 of this chapter commits a Class
D Level 6 felony.
SOURCE: IC 3-14-1-1; (13)EH1006.1.4. -->
SECTION 4. IC 3-14-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly:
(1) falsely makes or fraudulently defaces or destroys a declaration
of candidacy, request for ballot placement under IC 3-8-3,
certificate or petition of nomination, recount petition or
cross-petition, contest petition, or certificate of candidate
selection, or a part of the declaration, request, petition, or
certificate;
(2) files a declaration of candidacy, request for ballot placement
under IC 3-8-3, certificate or petition of nomination, recount
petition or cross-petition, contest petition, or certificate of
candidate selection, knowing any part thereof to be falsely made;
(3) refuses to execute a certificate of nomination or candidate
selection when required by this title to do so and knowing that the
candidate has been nominated or selected;
(4) if the document is listed in subdivision (1), refuses to:
(A) receive the document; or
(B) record the date and time the document was received;
when presented in accordance with this title; or
(5) suppresses a declaration of candidacy, request for ballot
placement under IC 3-8-3, petition or certificate of nomination,
recount petition or cross-petition, contest petition, or certificate of
candidate selection, that has been duly filed, or any part of the
declaration, request, petition, or certificate;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-1-13; (13)EH1006.1.5. -->
SECTION 5. IC 3-14-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who
knowingly files a report required by IC 3-9 that is fraudulent commits
a Class D Level 6 felony.
SOURCE: IC 3-14-2-1; (13)EH1006.1.6. -->
SECTION 6. IC 3-14-2-1, AS AMENDED BY P.L.103-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 1. A person who knowingly does any of the
following commits a Class D Level 6 felony:
(1) Conspires with an individual for the purpose of encouraging
the individual to submit a false application for registration.
(2) Conspires with an individual for the purpose of encouraging
the individual to vote illegally.
(3) Pays or offers to pay an individual for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
SOURCE: IC 3-14-2-2.5; (13)EH1006.1.7. -->
SECTION 7. IC 3-14-2-2.5, AS ADDED BY P.L.103-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 2.5. A person who does either of the following,
knowing that an individual is ineligible to register to vote or to vote,
commits absentee ballot fraud, a Class D Level 6 felony:
(1) Solicits the individual to complete an absentee ballot
application.
(2) Solicits the individual to submit an absentee ballot application
to a county election board.
SOURCE: IC 3-14-2-3; (13)EH1006.1.8. -->
SECTION 8. IC 3-14-2-3, AS AMENDED BY P.L.103-2005,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 3. A person who:
(1) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot knowing that the
application contains a false statement; or
(2) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot without writing
on it the person's own name and address as an attesting witness;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-9; (13)EH1006.1.9. -->
SECTION 9. IC 3-14-2-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 9. A person who knowingly votes
or offers to vote at an election when the person is not registered or
authorized to vote commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-11; (13)EH1006.1.10. -->
SECTION 10. IC 3-14-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. Except as provided
by IC 3-10-10, IC 3-10-11, or IC 3-10-12, a person who knowingly
votes or offers to vote in a precinct except the one in which the person
is registered and resides commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-12; (13)EH1006.1.11. -->
SECTION 11. IC 3-14-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who:
(1) knowingly votes or makes application to vote in an election in
a name other than the person's own; or
(2) having voted once at an election, knowingly applies to vote at
the same election in the person's own name or any other name;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-13; (13)EH1006.1.12. -->
SECTION 12. IC 3-14-2-13, AS AMENDED BY P.L.103-2005,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 13. A person who knowingly hires or solicits
another person to go into a precinct for the purpose of voting at an
election at the precinct when the person hired or solicited is not a voter
in the precinct commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-14; (13)EH1006.1.13. -->
SECTION 13. IC 3-14-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A precinct election
officer or public official upon whom a duty is imposed by this title who
knowingly:
(1) allows a person to vote who is not entitled to vote; or
(2) allows a person to vote by use of an unauthorized procedure;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-15; (13)EH1006.1.14. -->
SECTION 14. IC 3-14-2-15, AS AMENDED BY P.L.103-2005,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 15. A member, an employee, or an agent of a
county election board who knowingly delivers a ballot to a person
except in the manner prescribed by this title commits a Class D Level
6 felony.
SOURCE: IC 3-14-2-16; (13)EH1006.1.15. -->
SECTION 15. IC 3-14-2-16, AS AMENDED BY P.L.103-2005,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 16. A person who knowingly does any of the
following commits a Class D Level 6 felony:
(1) Applies for or receives a ballot in a precinct other than that
precinct in which the person is entitled to vote.
(2) Except when receiving assistance under IC 3-11-9, shows a
ballot after it is marked to another person in such a way as to
reveal the contents of it or the name of a candidate for whom the
person has voted.
(3) Except when offering assistance requested by a voter in
accordance with IC 3-11-9, examines a ballot that a voter has
prepared for voting or solicits the voter to show the ballot.
(4) Receives from a voter a ballot prepared by the voter for
voting, except:
(A) the inspector;
(B) a member of the precinct election board temporarily acting
for the inspector;
(C) a member or an employee of a county election board
(acting under the authority of the board and state law) or an
absentee voter board member acting under IC 3-11-10; or
(D) a member of the voter's household, an individual
designated as attorney in fact for the voter, or an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot
under IC 3-11-10-1.
(5) Receives a ballot from a person other than one (1) of the poll
clerks or authorized assistant poll clerks.
(6) Delivers a ballot to a voter to be voted, unless the person is:
(A) a poll clerk or authorized assistant poll clerk; or
(B) a member of a county election board or an absentee voter
board acting under IC 3-11-10.
(7) Delivers a ballot (other than an absentee ballot) to an inspector
that is not the ballot the voter receives from the poll clerk or
assistant poll clerk.
(8) Delivers an absentee ballot to a team of absentee ballot
counters appointed under IC 3-11.5-4-22, a county election board,
a circuit court clerk, or an absentee voting board under IC 3-11-10
that is not the ballot cast by the absentee voter.
(9) Delivers an absentee ballot prepared by the voter for voting to
a county election board, except for:
(A) the inspector;
(B) a member of the precinct election board temporarily acting
for the inspector;
(C) a member or an employee of a county election board
(acting under the authority of the board and in accordance with
state law) or an absentee voter board member acting under
IC 3-11-10; or
(D) a member of the voter's household or an individual
designated as attorney in fact for the voter, an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot
under IC 3-11-10-1.
(10) Possesses an unmarked absentee ballot on or before the date
of the election for which the absentee ballot has been printed,
unless the person is authorized to possess the absentee ballot
under this title as any of the following:
(A) A printer, when arranging for the delivery of unmarked
absentee ballots to a county election board under IC 3-11-2.
(B) A county election board member or employee (acting
under the authority of the board and in accordance with state
law).
(C) An absentee voter board member.
(D) An employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot.
(E) An individual authorized under IC 3-11-10-24 to deliver
an absentee ballot.
(F) An absentee ballot counter under IC 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for a voter,
or assists a voter in completing an absentee ballot application in
violation of IC 3-11.
SOURCE: IC 3-14-2-17; (13)EH1006.1.16. -->
SECTION 16. IC 3-14-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A voter at an
election who knowingly writes or places on a ballot a name, sign, or
device as a distinguishing mark by which to indicate to any other
person how the voter has voted commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-18; (13)EH1006.1.17. -->
SECTION 17. IC 3-14-2-18, AS AMENDED BY P.L.221-2005,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 18. A voter who knowingly:
(1) does anything to enable any other person to see or know for
what ticket, candidates, or public questions the voter has voted;
or
(2) moves into a position, or does any other thing, to enable the
voter to see or know for what ticket, candidates, or public
questions any other voter votes;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-19; (13)EH1006.1.18. -->
SECTION 18. IC 3-14-2-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. (a) A person who
knowingly:
(1) forges or falsely makes the official endorsement of a ballot; or
(2) prints or circulates an imitation ballot;
commits a Class D Level 6 felony.
(b) This section does not prohibit the printing or circulation of a
sample ballot or a reproduction of an official ballot if the sample or
reproduction complies with IC 3-9-3-2.5 and the printing or circulation
does not violate IC 3-14-1-2.
SOURCE: IC 3-14-2-20; (13)EH1006.1.19. -->
SECTION 19. IC 3-14-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. A person who
knowingly:
(1) deceives a voter in registering the voter's vote under
IC 3-11-8; or
(2) registers a voter's vote in a way other than as requested by the
voter;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-21; (13)EH1006.1.20. -->
SECTION 20. IC 3-14-2-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who
fraudulently causes a voter at an election to vote for a person different
from the one the voter intended to vote for or on a public question
different from the vote the voter intended to cast commits a Class D
Level 6 felony.
SOURCE: IC 3-14-2-22; (13)EH1006.1.21. -->
SECTION 21. IC 3-14-2-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 22. A person who
knowingly furnishes a voter who cannot read the English language with
a ballot at an election that the person represents to the voter as
containing a name different from the one printed or written on it
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-23; (13)EH1006.1.22. -->
SECTION 22. IC 3-14-2-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 23. A person entrusted
with the custody of ballots who knowingly:
(1) opens a package in which the ballots are contained;
(2) destroys a ballot; or
(3) delivers such a package or ballot to a person not entitled to
receive it;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-24; (13)EH1006.1.23. -->
SECTION 23. IC 3-14-2-24, AS AMENDED BY P.L.103-2005,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 24. A person who:
(1) takes a ballot legally deposited out of a ballot box or out of a
voting system for the purpose of destroying the ballot or
substituting another ballot in its place;
(2) destroys or misplaces a ballot with the intent to substitute
another ballot for it or with the intent to prevent it from being
counted; or
(3) knowingly enters upon the pollbooks the name of a person
who has not legally voted or knowingly tallies a vote for a
candidate or on a public question not voted for by the ballot;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-25; (13)EH1006.1.24. -->
SECTION 24. IC 3-14-2-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. A member of a
precinct election board or county election board, a person employed at
the central counting headquarters, or a person charged with a duty in
connection with an election or entrusted with the custody or control of
a ballot either before or after voting who marks or defaces a ballot for
the purpose of:
(1) identifying the ballot (except by numbering protested ballots
for future reference as provided by law); or
(2) vitiating the ballot;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-26; (13)EH1006.1.25. -->
SECTION 25. IC 3-14-2-26, AS AMENDED BY P.L.103-2005,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 26. A person who:
(1) during the progress of an election or within the time for
preparation required under this title, knowingly breaks open or
violates the seal or lock of a ballot box, envelope, container, bag,
or voting system component in which ballots have been
deposited;
(2) knowingly obtains a ballot box, envelope, container, bag, or
voting system component that contains ballots and cancels,
withholds, or destroys a ballot;
(3) knowingly increases or decreases the number of ballots legally
deposited in a ballot box, envelope, container, bag, or voting
system component; or
(4) knowingly makes a fraudulent erasure or alteration on a tally
sheet, poll book, list of voters, or election return deposited in a
ballot box, envelope, bag, or voting system component;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-27; (13)EH1006.1.26. -->
SECTION 26. IC 3-14-2-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. A precinct election
officer at the close of the polls, an absentee ballot counter acting under
IC 3-11.5-5 or IC 3-11.5-6, or a provisional ballot counter acting under
IC 3-11.7-5 who knowingly:
(1) causes the vote to be incorrectly taken down for a candidate or
public question; or
(2) makes a false statement, certificate, or return of any kind of
that vote;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-28; (13)EH1006.1.27. -->
SECTION 27. IC 3-14-2-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. A person who:
(1) with intent to defraud, alters an election return;
(2) knowingly destroys, misplaces, or loses a poll book or tally
sheet; or
(3) with intent to defraud, alters the vote of a candidate or on a
public question as returned by the county election board or its
employees;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-2-29; (13)EH1006.1.28. -->
SECTION 28. IC 3-14-2-29, AS AMENDED BY P.L.103-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 29. A person who knowingly inspects a voting
system under IC 3-12-4-18 without obtaining authorization from the
state recount commission to conduct the inspection commits a Class D
Level 6 felony.
SOURCE: IC 3-14-3-1.1; (13)EH1006.1.29. -->
SECTION 29. IC 3-14-3-1.1, AS ADDED BY P.L.103-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 1.1. A person who knowingly does any of the
following commits a Class D Level 6 felony:
(1) Procures or submits voter registration applications known by
the person to be materially false, fictitious, or fraudulent.
(2) Procures, casts, or tabulates ballots known by the person to be
materially false, fictitious, or fraudulent.
SOURCE: IC 3-14-3-3; (13)EH1006.1.30. -->
SECTION 30. IC 3-14-3-3, AS AMENDED BY P.L.221-2005,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly:
(1) interferes with a watcher;
(2) prevents a watcher from performing the watcher's duties;
(3) otherwise violates:
(A) IC 3-6-8-3;
(B) IC 3-6-8-4;
(C) IC 3-6-8-5;
(D) IC 3-6-8-6;
(E) IC 3-6-9; or
(F) IC 3-6-10; or
(4) violates IC 3-11-13-44(d);
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-4; (13)EH1006.1.31. -->
SECTION 31. IC 3-14-3-4, AS AMENDED BY P.L.103-2005,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer in
the discharge of the officer's duty; or
(2) knowingly obstructs or interferes with a voter within the
chute;
commits a Class D Level 6 felony.
(b) A person who knowingly injures an election officer or a voter:
(1) in the exercise of the officer's or voter's rights or duties; or
(2) because the officer or voter has exercised the officer's or
voter's rights or duties;
commits a Class D Level 6 felony.
(c) A person called as a witness to testify against another for a
violation of this section is a competent witness to prove the offense
even though the person may have been a party to the violation. The
person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a prosecution
growing out of matters about which the person testifies, and the person
is not liable to indictment or information for the offense.
SOURCE: IC 3-14-3-5; (13)EH1006.1.32. -->
SECTION 32. IC 3-14-3-5, AS AMENDED BY P.L.221-2005,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 5. A precinct election officer who,
with the intent to cause or permit a ballot card voting system or an
electronic voting system to fail to correctly register all votes cast,
tampers with or disarranges the system or any part of it commits a
Class D Level 6 felony.
SOURCE: IC 3-14-3-6; (13)EH1006.1.33. -->
SECTION 33. IC 3-14-3-6, AS AMENDED BY P.L.221-2005,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 6. A precinct election officer who
permits a ballot card voting system or an electronic voting system to be
used for voting at an election, with knowledge of the fact that the
system is not in order or not perfectly set and adjusted so that it will
correctly register all votes cast, commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-7; (13)EH1006.1.34. -->
SECTION 34. IC 3-14-3-7, AS AMENDED BY P.L.103-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 7. An inspector or poll clerk in a precinct who, for
the purpose of:
(1) deceiving a voter;
(2) causing it to be doubtful for what ticket, candidate, or public
question a vote is cast; or
(3) causing it to appear that votes cast for one (1) ticket,
candidate, or public question were cast for another ticket,
candidate, or public question;
removes, changes, or mutilates a voting system or any part of a voting
system commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-8; (13)EH1006.1.35. -->
SECTION 35. IC 3-14-3-8, AS AMENDED BY P.L.221-2005,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 8. A person other than a precinct
election officer who knowingly, before or during an election:
(1) damages, disarranges, or tampers with a ballot card system or
an electronic voting system; or
(2) damages a ballot label placed or to be placed on the electronic
voting system, or any other appliance used in connection with the
ballot card voting system or electronic voting system;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-9; (13)EH1006.1.36. -->
SECTION 36. IC 3-14-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who
knowingly fails to receive the vote of a legal voter at an election
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-10; (13)EH1006.1.37. -->
SECTION 37. IC 3-14-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A person who
during an election recklessly:
(1) removes or destroys any of the supplies or other conveniences
placed in the voting booths or delivered to the voter for the
purpose of enabling a voter to prepare a ballot;
(2) removes or defaces the cards printed for the instruction of the
voters; or
(3) removes or destroys a voting booth, railing, or other
convenience provided for the election;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-11; (13)EH1006.1.38. -->
SECTION 38. IC 3-14-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who
recklessly:
(1) tampers with or damages a marking device, ballot, or other
record or equipment used in an election;
(2) interferes with the correct operation of such a device or
equipment; or
(3) interferes with the secrecy of voting;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-13; (13)EH1006.1.39. -->
SECTION 39. IC 3-14-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who
during an election knowingly:
(1) removes a ballot, pencil, or other marking device from the
polls; or
(2) possesses outside the polls a ballot, pencil, or other marking
device either genuine or counterfeit;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-14; (13)EH1006.1.40. -->
SECTION 40. IC 3-14-3-14, AS AMENDED BY P.L.225-2011,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 14. A printer of the ballots for an election, or
person employed in printing the ballots, who knowingly:
(1) delivers a ballot to a person other than a county election board
for which the ballots are being printed;
(2) prints a ballot in any form other than the one prescribed by
law; or
(3) prints a ballot containing any names, spellings, or
arrangements other than as authorized by the commission or a
county election board;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-17; (13)EH1006.1.41. -->
SECTION 41. IC 3-14-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A member of a
precinct election board, a precinct election officer, or a member of an
absentee voter board who knowingly induces or persuades a voter to
vote for a candidate or for or against a public question while acting as
a board member or precinct election officer commits a Class D Level
6 felony.
SOURCE: IC 3-14-3-18; (13)EH1006.1.42. -->
SECTION 42. IC 3-14-3-18, AS AMENDED BY P.L.114-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 18. (a) As used in this section, "candidate"
includes an individual whom the person knows is considering
becoming a candidate.
(b) A person who, for the purpose of influencing a voter or
candidate, does any of the following commits a Class D Level 6 felony:
(1) Seeks to enforce the payment of a debt by force or threat of
force.
(2) Ejects or threatens to eject the voter or candidate from a house
the voter or candidate occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter or candidate.
(5) Communicates a threat to commit a forcible felony (as defined
in IC 35-31.5-2-138) against a voter or candidate with the intent
that the voter or candidate:
(A) engage in conduct against the voter's or candidate's will;
or
(B) be placed in fear of retaliation for a prior lawful act as a
voter or candidate.
SOURCE: IC 3-14-3-19; (13)EH1006.1.43. -->
SECTION 43. IC 3-14-3-19, AS AMENDED BY P.L.103-2005,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 19. A person who, for the purpose of inducing or
procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or
against a public question at an election or political convention;
gives, offers, or promises to any person any money or other property
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-20; (13)EH1006.1.44. -->
SECTION 44. IC 3-14-3-20, AS AMENDED BY P.L.103-2005,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 20. A person who, for the purpose of inducing or
procuring a voter to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or
against a public question at an election or political convention;
receives, accepts, requests, or solicits from any person any money or
other property commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-20.5; (13)EH1006.1.45. -->
SECTION 45. IC 3-14-3-20.5, AS ADDED BY P.L.103-2005,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 20.5. (a) This section does not apply to activity
subject to 18 U.S.C. 1341.
(b) An individual who knowingly:
(1) conspires to obtain property the individual would be entitled
to receive as compensation for serving as an elected official by
securing false or fraudulent absentee ballot applications or voter
registration applications; and
(2) for the purpose of executing the conspiracy:
(A) causes the applications to be sent or delivered by a private
or commercial carrier operating entirely within Indiana; or
(B) takes or receives from the private or commercial carrier
the false or fraudulent applications, or causes the applications
to be delivered by the carrier to another person;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-21; (13)EH1006.1.46. -->
SECTION 46. IC 3-14-3-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who:
(1) pays employees the salary or wages due in pay envelopes upon
which there is printed or in which there is enclosed a political
motto, device, or argument containing threats intended or
calculated to influence the political opinions or actions of the
employees; or
(2) exhibits in the workplace of the person's employees a handbill
or placard containing a threat, notice, or information that, if a
particular ticket, candidate, or public question is elected,
approved, or defeated:
(A) work in the person's place or establishment will cease in
whole or in part;
(B) the person's establishment will be closed; or
(C) the wages of the employees will be reduced;
or that is otherwise intended or calculated to influence the
political opinions or actions of the employees;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-3-21.5; (13)EH1006.1.47. -->
SECTION 47. IC 3-14-3-21.5, AS ADDED BY P.L.103-2005,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 21.5. A person who knowingly or intentionally
intimidates, threatens, or coerces an individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt to vote;
or
(3) exercising any power or duty under this title concerning
registration or voting;
commits voter intimidation, a Class D Level 6 felony.
SOURCE: IC 3-14-4-1; (13)EH1006.1.48. -->
SECTION 48. IC 3-14-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who
knowingly serves as a member of a precinct election board in violation
of IC 3-6-6 commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-2; (13)EH1006.1.49. -->
SECTION 49. IC 3-14-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. An inspector who
negligently or knowingly fails to appear at the county election board's
office in person or by representative as required by IC 3-11-3 commits
a Class D Level 6 felony.
SOURCE: IC 3-14-4-3; (13)EH1006.1.50. -->
SECTION 50. IC 3-14-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A precinct election
officer or public official upon whom a duty is imposed by this title who
knowingly omits to perform the duty commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-4; (13)EH1006.1.51. -->
SECTION 51. IC 3-14-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A member of a
precinct election board who recklessly allows a booth or compartment
in which a voter is preparing a ballot to be used:
(1) without a screen; or
(2) with a screen arranged so as not to shield the preparation of
the ballot from observation;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-6; (13)EH1006.1.52. -->
SECTION 52. IC 3-14-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. An inspector, or
person acting in the inspector's behalf, who knowingly deposits:
(1) a ballot upon which the initials of the poll clerks or authorized
assistant poll clerks do not appear; or
(2) a ballot on which appears externally a distinguishing mark or
defacement;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-7; (13)EH1006.1.53. -->
SECTION 53. IC 3-14-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. A member of a
precinct election board or a person otherwise entitled to the inspection
of the ballots who knowingly:
(1) reveals to another person how a voter has voted; or
(2) gives information concerning the appearance of any ballot
voted;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-8; (13)EH1006.1.54. -->
SECTION 54. IC 3-14-4-8, AS AMENDED BY P.L.221-2005,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 8. A member of a precinct election
board, an absentee ballot counter appointed under IC 3-11.5-4-22, or
a provisional ballot counter appointed under IC 3-11.7-3 who
knowingly:
(1) opens or marks, by folding or otherwise, a ballot presented by
a voter, except as provided by law; or
(2) tries to find out how the voter voted before the ballot is
deposited in the ballot box or cast on a ballot card voting system
or an electronic voting system or counted by the absentee ballot
counter;
commits a Class D Level 6 felony.
SOURCE: IC 3-14-4-10; (13)EH1006.1.55. -->
SECTION 55. IC 3-14-4-10, AS AMENDED BY P.L.221-2005,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 10. A person who knowingly
violates:
(1) IC 3-11.5-5;
(2) IC 3-11.5-6;
(3) IC 3-12-2-1;
(4) IC 3-12-3-14; or
(5) IC 3-12-3.5-7;
by providing any other person with information concerning the number
of votes a candidate received for an office or cast to approve or reject
a public question on absentee ballots counted under IC 3-11.5-5,
IC 3-11.5-6, or IC 3-12 before the closing of the polls commits a Class
D Level 6 felony.
SOURCE: IC 3-14-6-1.1; (13)EH1006.1.56. -->
SECTION 56. IC 3-14-6-1.1, AS AMENDED BY P.L.164-2006,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 1.1. (a) A person who grants a
request for voter registration information under IC 3-7-26.3 or
IC 3-7-27 with knowledge that the information will be used in a
manner prohibited by IC 3-7-26.3 or IC 3-7-27 commits a Class B
infraction.
(b) A person who has previously received a judgment for
committing an infraction under this section and knowingly,
intentionally, or recklessly violates this section a second time commits
a Class D Level 6 felony.
SOURCE: IC 4-1-10-8; (13)EH1006.1.57. -->
SECTION 57. IC 4-1-10-8, AS ADDED BY P.L.91-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. An employee of a state agency who knowingly,
intentionally, or recklessly discloses a Social Security number in
violation of this chapter commits a Class D Level 6 felony.
SOURCE: IC 4-1-10-9; (13)EH1006.1.58. -->
SECTION 58. IC 4-1-10-9, AS ADDED BY P.L.91-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 9. A person who knowingly, intentionally, or
recklessly makes a false representation to a state agency to obtain a
Social Security number from the state agency commits a Class D Level
6 felony.
SOURCE: IC 4-13-2-14.7; (13)EH1006.1.59. -->
SECTION 59. IC 4-13-2-14.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14.7. A person
employed, appointed, or under contract with a state agency, who works
with or around children, shall be dismissed (after the appropriate
pre-deprivation procedure has occurred) if that person is, or has ever
been, convicted of any of the following:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2) (for an act
committed before IC 35-42-4-2 was repealed), if the victim is
less than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A or Class B
felony (for a crime committed before July 1, 2014) or a Level
1, Level 2, or Level 4 felony (for a crime committed after June
30, 2014) (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
SOURCE: IC 4-30-3-19; (13)EH1006.1.60. -->
SECTION 60. IC 4-30-3-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. (a) The definitions
set forth in IC 3-5-2 apply to this section.
(b) This subsection applies to contributions made after March 15,
1989, and before March 29, 1996. The commission or director may not
enter into a contract with a person to serve as a vendor for a major
procurement or to provide auditing services to the commission if the
person has made a contribution to a candidate for a state office within
the three (3) years preceding the award of the contract. A person that
enters into a contract with the commission as a vendor for a major
procurement or to provide auditing services may not make a
contribution to such a candidate during the three (3) years following
the last award or renewal of the contract. A person is considered to
have made a contribution if a contribution is made by:
(1) the person;
(2) an officer of the person; or
(3) a political action committee (as defined in IC 3-5-2-37) of the
person.
(c) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-30-3-19.5; (13)EH1006.1.61. -->
SECTION 61. IC 4-30-3-19.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19.5. (a) This section
applies only to contributions made after March 28, 1996.
(b) The definitions set forth in IC 3-5-2 apply to this section.
(c) As used in this section, "candidate" refers only to a candidate for
a state office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "contract" refers only to a contract with
the commission or the director for any of the following:
(1) A major procurement.
(2) Auditing services to the commission.
(f) As used in this section, "contractor" means a person who has a
contract with the commission or the director.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) A person is considered to have made a contribution under this
section if a contribution is made by any of the following:
(1) The person.
(2) An officer of the person.
(3) A political action committee of the person.
(i) A person may not enter into a contract if the person has made a
contribution to a candidate or a committee within the three (3) years
preceding the award of the contract.
(j) A contractor, an officer of a contractor, or a political action
committee of a contractor may not make a contribution to a candidate
or a committee while the contract is in effect and during the three (3)
years following the final expiration or termination of the contract.
(k) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-30-3-19.7; (13)EH1006.1.62. -->
SECTION 62. IC 4-30-3-19.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19.7. (a) This section
applies only to contributions made after March 28, 1996.
(b) The definitions set forth in IC 3-5-2 apply to this section.
(c) As used in this section, "candidate" refers only to the following:
(1) A candidate for a legislative office.
(2) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "contract" refers only to a contract with
the commission or the director for any of the following:
(1) The printing of tickets to be used in a lottery game.
(2) Consultation services for operation of the lottery.
(3) Any goods and services involving any of the following:
(A) Equipment for the official recording for lottery game play
purposes of a player's selection in lottery games involving
player selections.
(B) The drawing, determination, or generation of winners in
lottery games.
(C) The security services required under this article.
(f) As used in this section, "contractor" refers to a person who has
a contract with the commission or the director.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) A person is considered to have made a contribution under this
section if a contribution is made by any of the following:
(1) The person.
(2) An officer of the person.
(3) A political action committee of the person.
(i) A person may not enter into a contract if the person has made a
contribution to a candidate or a committee within the three (3) years
preceding the award of the contract.
(j) A contractor, an officer of a contractor, or a political action
committee of a contractor may not make a contribution to a candidate
or a committee while the contract is in effect and during the three (3)
years following the final expiration or termination of the contract.
(k) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-30-14-3; (13)EH1006.1.63. -->
SECTION 63. IC 4-30-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who:
(1) knowingly presents a counterfeit or altered lottery ticket;
(2) knowingly transfers a counterfeit or altered lottery ticket to
another to present for payment; or
(3) with intent to defraud, falsely makes, alters, forges, passes, or
counterfeits a lottery ticket;
commits a Class C Level 5 felony.
SOURCE: IC 4-30-14-4; (13)EH1006.1.64. -->
SECTION 64. IC 4-30-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who, with
intent to defraud or with intent to provide a financial or other advantage
to the person or another person, knowingly discloses information
relating to the lottery that is designated as confidential under this article
commits a Class A Level 2 felony.
SOURCE: IC 4-31-13-3; (13)EH1006.1.65. -->
SECTION 65. IC 4-31-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who is
not a permit holder may not conduct, or aid or abet the conducting of,
a horse racing meeting at which pari-mutuel wagering is permitted.
Each day of racing in violation of this section constitutes a separate
offense.
(b) A person who violates this section commits a Class D Level 6
felony.
SOURCE: IC 4-31-13-3.5; (13)EH1006.1.66. -->
SECTION 66. IC 4-31-13-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.5. (a) The definitions
in IC 3-5-2 apply to this section to the extent they do not conflict with
the definitions in this article.
(b) This section applies only to contributions made after June 30,
1996.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(g) For purposes of this section, a permit holder is considered to
have made a contribution if a contribution is made by a person who has
an interest in the permit holder.
(h) A permit holder or a person with an interest in a permit holder
may not make a contribution to a candidate or a committee during the
following periods:
(1) The term during which the permit holder holds a permit.
(2) The three (3) years following the final expiration or
termination of the permit holder's permit.
(i) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-31-13-9; (13)EH1006.1.67. -->
SECTION 67. IC 4-31-13-9, AS AMENDED BY P.L.114-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 9. (a) The definitions in IC 3-5-2 apply to this
section to the extent they do not conflict with the definitions in this
article.
(b) This section applies only to property given after June 30, 1996.
(c) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(d) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(e) A permit holder or a person with an interest in a permit holder
may not give any property (as defined in IC 35-31.5-2-253) to a
member of a precinct committee to induce the member of the precinct
committee to do any act or refrain from doing any act with respect to
the approval of a local public question under IC 4-31-4.
(f) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-32.2-8-4; (13)EH1006.1.68. -->
SECTION 68. IC 4-32.2-8-4, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 4. (a) Except as provided in subsection (b), a
person or an organization that recklessly, knowingly, or intentionally
violates a provision of this article commits a Class B misdemeanor.
(b) An individual, a corporation, a partnership, a limited liability
company, or other association that recklessly, knowingly, or
intentionally enters into a contract or other agreement with a qualified
organization in violation of IC 4-32.2-5-2 commits a
Class D Level 6
felony.
SOURCE: IC 4-33-10-2; (13)EH1006.1.69. -->
SECTION 69. IC 4-33-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person who
knowingly or intentionally does any of the following commits a Class
D Level 6 felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with the owner or operating
agent of a riverboat, including an officer or an employee of a
riverboat owner, an operating agent, or a holder of an
occupational license; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to whom the offer, promise, or
gift was made in order to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of value or
benefit:
(A) while the person is connected with a riverboat, including
an officer or employee of a licensed owner, an operating agent,
or a holder of an occupational license; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of the game;
(B) keeping track of the cards played;
(C) analyzing the probability of the occurrence of an event
relating to the gambling game; or
(D) analyzing the strategy for playing or betting to be used in
the game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards, chips, dice,
game, or device that is intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game on
which wagers have been made after the outcome is made sure but
before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game after
acquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is the
subject of the bet.
(8) Aids a person in acquiring the knowledge described in
subdivision (7) for the purpose of placing a bet contingent on the
outcome of a gambling game.
(9) Claims, collects, takes, or attempts to claim, collect, or take
money or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning a
gambling game.
(10) Claims, collects, or takes an amount of money or thing of
value of greater value than the amount won in a gambling game.
(11) Uses or possesses counterfeit chips or tokens in or for use in
a gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of a gambling
game, drop box, or an electronic or a mechanical device
connected with the gambling game; or
(B) removing coins, tokens, chips, or other contents of a
gambling game.
This subdivision does not apply to a licensee or an operating
agent or an employee of a licensee or an operating agent acting in
the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or device
intended to be used in a manner that violates this article.
SOURCE: IC 4-33-10-2.1; (13)EH1006.1.70. -->
SECTION 70. IC 4-33-10-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.1. (a) This section
applies only to contributions made after June 30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extent
they do not conflict with the definitions in this article.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract issued under this article.
(f) As used in this section, "licensee" means a person who holds a
license. The term includes an operating agent.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(i) A licensee is considered to have made a contribution if a
contribution is made by a person who has an interest in the licensee.
(j) A licensee or a person who has an interest in a licensee may not
make a contribution to a candidate or a committee during the following
periods:
(1) The term during which the licensee holds a license.
(2) The three (3) years following the final expiration or
termination of the licensee's license.
(k) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-33-10-2.5; (13)EH1006.1.71. -->
SECTION 71. IC 4-33-10-2.5, AS AMENDED BY P.L.114-2012,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 2.5. (a) This section applies only to property given
after June 30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extent
they do not conflict with the definitions in this article.
(c) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract entered into under this article.
(d) As used in this section, "licensee" means a person who holds a
license. The term includes an operating agent.
(e) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(g) A licensee or a person with an interest in a licensee may not give
any property (as defined in IC 35-31.5-2-253) to a member of a
precinct committee to induce the member of the precinct committee to
do any act or refrain from doing any act with respect to the approval of
a local public question under IC 4-33-6-19.
(h) A person who knowingly or intentionally violates this section
commits a Class D Level 6 felony.
SOURCE: IC 4-35-9-5; (13)EH1006.1.72. -->
SECTION 72. IC 4-35-9-5, AS ADDED BY P.L.233-2007,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 5. A person who knowingly or intentionally does
any of the following commits a
Class D Level 6 felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with a licensee, including an
officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to whom the offer, promise, or
gift was made in order to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of value or
benefit:
(A) while the person is connected with a licensee, including as
an officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of a gambling game;
(B) analyzing the probability of the occurrence of an event
related to a gambling game; or
(C) analyzing the strategy for playing or betting to be used in
a gambling game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any game or device that is
intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game on
which wagers have been made after the outcome is made sure but
before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game after
acquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is the
subject of the bet.
(8) Aids a person in acquiring the knowledge described in
subdivision (7) to place a bet contingent on the outcome of a
gambling game.
(9) Claims, collects, takes, or attempts to claim, collect, or take
money or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning a
gambling game.
(10) Claims, collects, or takes an amount of money or a thing of
value that is of greater value than the amount won in a gambling
game.
(11) Uses or possesses counterfeit tokens in or for use in a
gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of a gambling
game, a drop box, or an electronic or a mechanical device
connected with the gambling game; or
(B) removing coins, tokens, or other contents of a gambling
game.
This subdivision does not apply to a licensee or an employee of
a licensee acting in the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or device
intended to be used in a manner that violates this article.
SOURCE: IC 5-2-2-11; (13)EH1006.1.73. -->
SECTION 73. IC 5-2-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A member of the
commission, the architect, or any other person employed by the
commission who knowingly is interested in, or knowingly derives any
profit from, any contract, employment, or purchase connected with the
building or buildings, or with any action of the commission, commits
a Class D Level 6 felony. A member of the commission, the architect,
or any person employed by the commission who knowingly is
interested in any claim against the commission or the state growing out
of the construction of the building or buildings, other than for
compensation for services or their expenses as provided in this chapter,
commits a Class D Level 6 felony.
SOURCE: IC 5-10-10-4; (13)EH1006.1.74. -->
SECTION 74. IC 5-10-10-4, AS AMENDED BY P.L.115-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. As used in this chapter, "public safety officer"
means any of the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A correctional officer.
(5) An excise police officer.
(6) A county police reserve officer.
(7) A city police reserve officer.
(8) A conservation enforcement officer.
(9) A town marshal.
(10) A deputy town marshal.
(11) A probation officer.
(12) A state educational institution police officer appointed under
IC 21-39-4.
(13) A police officer whose employer purchases coverage under
section 4.5 of this chapter.
(14) An emergency medical services provider (as defined in
IC 16-41-10-1) who is:
(A) employed by a political subdivision (as defined in
IC 36-1-2-13); and
(B) not eligible for a special death benefit under IC 36-8-6-20,
IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
(15) A firefighter who is employed by the fire department of a
state university.
(16) A firefighter whose employer purchases coverage under
section 4.5 of this chapter.
(17) A member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(18) A gaming agent of the Indiana gaming commission.
(19) A person who is:
(A) employed by a political subdivision (as defined in
IC 36-1-2-13); and
(B) appointed as a special deputy under IC 36-8-10-10.6.
(20) A school corporation police officer appointed under
IC 20-26-16.
(21) A gaming control officer of the Indiana gaming commission.
(22) An eligible chaplain who meets the requirements of section
4.7 of this chapter.
(23) A community corrections officer.
SOURCE: IC 5-15-6-8; (13)EH1006.1.75. -->
SECTION 75. IC 5-15-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A public official or
other person who recklessly, knowingly, or intentionally destroys or
damages any public record commits a Class D Level 6 felony unless:
(1) the commission shall have given its approval in writing that
the public records may be destroyed;
(2) the commission shall have entered its approval for destruction
of the public records on its own minutes; or
(3) authority for destruction of the records is granted by an
approved retention schedule established under this chapter.
SOURCE: IC 6-1.1-5.5-10; (13)EH1006.1.76. -->
SECTION 76. IC 6-1.1-5.5-10, AS AMENDED BY P.L.144-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 10. (a) A person who knowingly and intentionally:
(1) falsifies the value of transferred real property; or
(2) omits or falsifies any information required to be provided in
the sales disclosure form;
commits a Class C Level 5 felony.
(b) A public official who knowingly and intentionally accepts:
(1) a sales disclosure document for filing that:
(A) falsifies the value of transferred real property; or
(B) omits or falsifies any information required to be provided
in the sales disclosure form; or
(2) a conveyance document for recording in violation of section
6 of this chapter;
commits a Class A infraction.
SOURCE: IC 6-1.1-37-3; (13)EH1006.1.77. -->
SECTION 77. IC 6-1.1-37-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person commits
a Class D Level 6 felony if:
(1) he the person makes and subscribes a property tax return,
statement, or document (except a statement described in section
4 or 5 of this chapter) that he the person does not believe is
correct in every material respect; and
(2) the return, statement, or document is certified to as to the truth
of the information appearing in it.
SOURCE: IC 6-2.3-5.5-12; (13)EH1006.1.78. -->
SECTION 78. IC 6-2.3-5.5-12, AS ADDED BY P.L.162-2006,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 12. (a) An individual who:
(1) is an employee, officer, or member of a corporation,
partnership, or limited liability company that is a seller of utility
services; and
(2) has a duty to remit utility services use tax to the department
under an agreement entered into by the seller of utility services
under section 8 of this chapter by virtue of the individual's
responsibilities within the corporation, partnership, or limited
liability company;
holds those taxes in trust for the state and is personally liable for the
payment of those taxes, plus any penalties and interest attributable to
those taxes, to the state.
(b) An individual described in subsection (a) who knowingly fails
to collect or remit the specified taxes to the state commits a Class D
Level 6 felony.
SOURCE: IC 6-2.3-7-2; (13)EH1006.1.79. -->
SECTION 79. IC 6-2.3-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A taxpayer or any
officer, employee, or partner of a taxpayer who makes a false entry in
the taxpayer's records with the intent to defraud the state or evade
payment of the utility receipts tax commits a Class D Level 6 felony.
(b) A taxpayer or any officer, employee, or partner of a taxpayer
who keeps more than one (1) set of records for the taxpayer with the
intent to defraud the state or evade the payment of the utility receipts
tax commits a Class D Level 6 felony.
SOURCE: IC 6-2.5-9-3; (13)EH1006.1.80. -->
SECTION 80. IC 6-2.5-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. An individual who:
(1) is an individual retail merchant or is an employee, officer, or
member of a corporate or partnership retail merchant; and
(2) has a duty to remit state gross retail or use taxes (as described
in IC 6-2.5-3-2) to the department;
holds those taxes in trust for the state and is personally liable for the
payment of those taxes, plus any penalties and interest attributable to
those taxes, to the state. If the individual knowingly fails to collect or
remit those taxes to the state, he the individual commits a Class D
Level 6 felony.
SOURCE: IC 6-2.5-9-8; (13)EH1006.1.81. -->
SECTION 81. IC 6-2.5-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) All records of a
person that have collected or that should have collected gross retail
taxes shall be kept open for examination at any reasonable time by the
department or the department's authorized agents. A person that
violates this subsection commits a Class D Level 6 felony.
(b) A person that:
(1) makes false entries in a tax record; or
(2) keeps more than one (1) set of tax records;
with the intent to defraud the state or evade remittance of the tax
imposed by this article commits a Class D Level 6 felony.
SOURCE: IC 6-3-4-8; (13)EH1006.1.82. -->
SECTION 82. IC 6-3-4-8, AS AMENDED BY P.L.137-2012,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. (a) Except as provided in subsection (d), every
employer making payments of wages subject to tax under this article,
regardless of the place where such payment is made, who is required
under the provisions of the Internal Revenue Code to withhold, collect,
and pay over income tax on wages paid by such employer to such
employee, shall, at the time of payment of such wages, deduct and
retain therefrom the amount prescribed in withholding instructions
issued by the department. The department shall base its withholding
instructions on the adjusted gross income tax rate for persons, on the
total rates of any income taxes that the taxpayer is subject to under
IC 6-3.5, and on the total amount of exclusions the taxpayer is entitled
to under IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4). However, the
withholding instructions on the adjusted gross income of a nonresident
alien (as defined in Section 7701 of the Internal Revenue Code) are to
be based on applying not more than one (1) withholding exclusion,
regardless of the total number of exclusions that IC 6-3-1-3.5(a)(3) and
IC 6-3-1-3.5(a)(4) permit the taxpayer to apply on the taxpayer's final
return for the taxable year. Such employer making payments of any
wages:
(1) shall be liable to the state of Indiana for the payment of the tax
required to be deducted and withheld under this section and shall
not be liable to any individual for the amount deducted from the
individual's wages and paid over in compliance or intended
compliance with this section; and
(2) shall make return of and payment to the department monthly
of the amount of tax which under this article and IC 6-3.5 the
employer is required to withhold.
(b) An employer shall pay taxes withheld under subsection (a)
during a particular month to the department no later than thirty (30)
days after the end of that month. However, in place of monthly
reporting periods, the department may permit an employer to report and
pay the tax for a calendar year reporting period, if the average monthly
amount of all tax required to be withheld by the employer in the
previous calendar year does not exceed one thousand dollars ($1,000).
An employer using a reporting period (other than a monthly reporting
period) must file the employer's return and pay the tax for a reporting
period no later than the last day of the month immediately following
the close of the reporting period.
(c) For purposes of determining whether an employee is subject to
taxation under IC 6-3.5, an employer is entitled to rely on the statement
of an employee as to the employee's county of residence as represented
by the statement of address in forms claiming exemptions for purposes
of withholding, regardless of when the employee supplied the forms.
Every employee shall notify the employee's employer within five (5)
days after any change in the employee's county of residence.
(d) A county that makes payments of wages subject to tax under this
article:
(1) to a precinct election officer (as defined in IC 3-5-2-40.1); and
(2) for the performance of the duties of the precinct election
officer imposed by IC 3 that are performed on election day;
is not required, at the time of payment of the wages, to deduct and
retain from the wages the amount prescribed in withholding
instructions issued by the department.
(e) Every employer shall, at the time of each payment made by the
employer to the department, deliver to the department a return upon the
form prescribed by the department showing:
(1) the total amount of wages paid to the employer's employees;
(2) the amount deducted therefrom in accordance with the
provisions of the Internal Revenue Code;
(3) the amount of adjusted gross income tax deducted therefrom
in accordance with the provisions of this section;
(4) the amount of income tax, if any, imposed under IC 6-3.5 and
deducted therefrom in accordance with this section; and
(5) any other information the department may require.
Every employer making a declaration of withholding as provided in this
section shall furnish the employer's employees annually, but not later
than thirty (30) days after the end of the calendar year, a record of the
total amount of adjusted gross income tax and the amount of each
income tax, if any, imposed under IC 6-3.5, withheld from the
employees, on the forms prescribed by the department.
(f) All money deducted and withheld by an employer shall
immediately upon such deduction be the money of the state, and every
employer who deducts and retains any amount of money under the
provisions of this article shall hold the same in trust for the state of
Indiana and for payment thereof to the department in the manner and
at the times provided in this article. Any employer may be required to
post a surety bond in the sum the department determines to be
appropriate to protect the state with respect to money withheld pursuant
to this section.
(g) The provisions of IC 6-8.1 relating to additions to tax in case of
delinquency and penalties shall apply to employers subject to the
provisions of this section, and for these purposes any amount deducted
or required to be deducted and remitted to the department under this
section shall be considered to be the tax of the employer, and with
respect to such amount the employer shall be considered the taxpayer.
In the case of a corporate or partnership employer, every officer,
employee, or member of such employer, who, as such officer,
employee, or member is under a duty to deduct and remit such taxes,
shall be personally liable for such taxes, penalties, and interest.
(h) Amounts deducted from wages of an employee during any
calendar year in accordance with the provisions of this section shall be
considered to be in part payment of the tax imposed on such employee
for the employee's taxable year which begins in such calendar year, and
a return made by the employer under subsection (b) shall be accepted
by the department as evidence in favor of the employee of the amount
so deducted from the employee's wages. Where the total amount so
deducted exceeds the amount of tax on the employee as computed
under this article and IC 6-3.5, the department shall, after examining
the return or returns filed by the employee in accordance with this
article and IC 6-3.5, refund the amount of the excess deduction.
However, under rules promulgated by the department, the excess or any
part thereof may be applied to any taxes or other claim due from the
taxpayer to the state of Indiana or any subdivision thereof. No refund
shall be made to an employee who fails to file the employee's return or
returns as required under this article and IC 6-3.5 within two (2) years
from the due date of the return or returns. In the event that the excess
tax deducted is less than one dollar ($1), no refund shall be made.
(i) This section shall in no way relieve any taxpayer from the
taxpayer's obligation of filing a return or returns at the time required
under this article and IC 6-3.5, and, should the amount withheld under
the provisions of this section be insufficient to pay the total tax of such
taxpayer, such unpaid tax shall be paid at the time prescribed by
section 5 of this chapter.
(j) Notwithstanding subsection (b), an employer of a domestic
service employee that enters into an agreement with the domestic
service employee to withhold federal income tax under Section 3402
of the Internal Revenue Code may withhold Indiana income tax on the
domestic service employee's wages on the employer's Indiana
individual income tax return in the same manner as allowed by Section
3510 of the Internal Revenue Code.
(k) To the extent allowed by Section 1137 of the Social Security
Act, an employer of a domestic service employee may report and remit
state unemployment insurance contributions on the employee's wages
on the employer's Indiana individual income tax return in the same
manner as allowed by Section 3510 of the Internal Revenue Code.
(l) A person who knowingly fails to remit trust fund money as set
forth in this section commits a Class D Level 6 felony.
SOURCE: IC 6-3-6-10; (13)EH1006.1.83. -->
SECTION 83. IC 6-3-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. (a) A taxpayer
subject to taxation under this article shall keep and preserve records
and any other books or accounts as required by IC 6-8.1-5-4. All the
records shall be kept open for examination at any time by the
department or its authorized agents. A taxpayer who violates this
subsection or fails to comply with the request of the department
pursuant to IC 6-3-4-6 commits a Class A misdemeanor.
(b) It is a Class D Level 6 felony for a taxpayer to make false entries
in his the taxpayer's books, or to keep more than one (1) set of books,
with intent to defraud the state or evade the payment of the tax, or any
part thereof, imposed by this article.
SOURCE: IC 6-3-6-11; (13)EH1006.1.84. -->
SECTION 84. IC 6-3-6-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) It is a
Class D
Level 6 felony for a taxpayer to fail to make any return required to be
made under this article, or to make any false return or false statement
in any return, with intent to defraud the state or to evade the payment
of the tax, or any part thereof, imposed by this article. It is a
Class D
Level 6 felony for a person to knowingly fail to permit the examination
of any book, paper, account, record, or other data by the department or
its authorized agents, as required by this article, to knowingly fail to
permit the inspection or appraisal of any property by the department or
its authorized agents, or to knowingly refuse to offer testimony or
produce any record as required in this article.
(b) The attorney general has concurrent jurisdiction with the
prosecuting attorney in instituting and prosecuting actions under this
section.
SOURCE: IC 6-3-7-5; (13)EH1006.1.85. -->
SECTION 85. IC 6-3-7-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 5. (a) As used in this section,
"independent contractor" refers to a person described in
IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5).
(b) As used in this section, "person" means an individual, a
proprietorship, a partnership, a joint venture, a firm, an association, a
corporation, or other legal entity.
(c) An independent contractor who does not make an election under:
(1) IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6; or
(2) IC 22-3-7-9(b)(2) or IC 22-3-7-9(b)(3) is not subject to the
compensation provisions of IC 22-3-7;
and must file a statement with the department with supporting
documentation of independent contractor status and obtain a certificate
of exemption under this section.
(d) An independent contractor shall file with the department, in the
form prescribed by the department, a statement providing the following
information:
(1) The independent contractor's name, trade name, address, and
telephone number.
(2) The independent contractor's federal identification number or
Social Security number.
(3) The name and:
(A) Social Security number;
(B) federal employer identification number (FEIN); or
(C) taxpayer identification number (TIN);
of each person or entity with whom the independent contractor
has contracted.
(e) Along with the statement required in subsection (d), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before being
granted a certificate of exemption. The independent contractor must
obtain clearance from the department of state revenue before issuance
of the certificate.
(f) An independent contractor shall pay a filing fee of five dollars
($5) with the statement required in subsection (d). The fees collected
under this subsection shall be deposited into a special account in the
state general fund known as the independent contractor information
account. Money in the independent contractor information account is
annually appropriated to the department for its use in carrying out the
purposes of this section.
(g) The department shall keep each statement and supporting
documentation received under this section on file and on request may
verify that a certificate of exemption is on file.
(h) The certificate of exemption required by this section must be on
a form prescribed and provided by the department. A certificate issued
under this section is valid for one (1) year. The department shall
maintain the original certificate on file.
(i) A certificate of exemption must certify the following
information:
(1) That the independent contractor has worker's compensation
coverage for the independent contractor's employees in
accordance with IC 22-3-2 through IC 22-3-7.
(2) That the independent contractor desires to be exempt from
being able to recover under the worker's compensation policy or
self-insurance of a person for whom the independent contractor
will perform work only as an independent contractor.
(j) The department shall provide the certificate of exemption to the
person requesting it not less than seven (7) business days after
verifying the accuracy of the supporting documentation. To be given
effect, a certificate of exemption must be filed with the worker's
compensation board of Indiana in accordance with IC 22-3-2-14.5(f)
and IC 22-3-7-34.5(g).
(k) Not more than thirty (30) days after the department receives an
independent contractor's statement and supporting documentation and
issues a certificate of exemption, the department shall provide the
independent contractor with an explanation of the department's tax
treatment of independent contractors and the duty of the independent
contractor to remit any taxes owed.
(l) The information received from an independent contractor's
statement and supporting documentation is to be treated as confidential
by the department and is to be used solely for the purposes of this
section.
(m) A contractor who knowingly or intentionally causes or assists
employees, including temporary employees, to file a false statement
and supporting documentation of independent contractor status
commits a Class D Level 6 felony.
SOURCE: IC 6-5.5-7-3; (13)EH1006.1.86. -->
SECTION 86. IC 6-5.5-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A taxpayer who:
(1) makes false entries in the taxpayer's books;
(2) keeps more than one (1) set of books;
(3) fails to make a return required to be made under this chapter;
or
(4) makes a false return or false statement in a return;
with intent to defraud the state or to evade the payment of a tax
imposed under this article commits a Class D Level 6 felony.
SOURCE: IC 6-5.5-7-4; (13)EH1006.1.87. -->
SECTION 87. IC 6-5.5-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who
knowingly:
(1) fails to permit the examination of any book, paper, account,
record, or other data by the department or its authorized agents;
(2) fails to permit the inspection or appraisal of any property by
the department or its authorized agents; or
(3) refuses to offer testimony or produce a record;
required under this article commits a Class D Level 6 felony.
SOURCE: IC 6-6-1.1-1308; (13)EH1006.1.88. -->
SECTION 88. IC 6-6-1.1-1308 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1308. A person who
receives or collects money as tax imposed under this chapter on
gasoline on which he the person has not paid the tax, and knowingly
fails to pay the money to the administrator as required under this
chapter, commits a Class D Level 6 felony.
SOURCE: IC 6-6-1.1-1313; (13)EH1006.1.89. -->
SECTION 89. IC 6-6-1.1-1313 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1313. A person who
violates sections 1309 through 1311 of this chapter with intent to evade
the tax imposed by this chapter or to defraud the state commits a Class
D Level 6 felony.
SOURCE: IC 6-6-1.1-1316; (13)EH1006.1.90. -->
SECTION 90. IC 6-6-1.1-1316 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1316. (a) A person:
(1) who knowingly breaks a seal on a sealed fuel pump without
authorization; or
(2) who knowingly fails or refuses to report meter readings under
section 1008 or section 1110 of this chapter;
commits a Class D Level 6 felony.
(b) A person who, without authorization:
(1) removes;
(2) alters;
(3) defaces; or
(4) covers;
a sign posted by the department that states that no transactions
involving gasoline, gasohol, aviation gasoline, or marina gasoline may
be made at a location commits a Class B misdemeanor. However, the
offense is a Class D Level 6 felony if it is committed with the intent to
evade the tax imposed by this chapter or to defraud the state.
(c) A dealer or licensed distributor shall notify the department of:
(1) a broken fuel pump seal; or
(2) a removed, altered, defaced, or covered sign that has been
posted by the department.
(d) A dealer or licensed distributor that knowingly fails to notify the
department, as required by subsection (c), within two (2) days after:
(1) a fuel pump seal is broken; or
(2) a sign posted by the department has been removed, altered,
defaced, or covered;
commits a Class D Level 6 felony.
SOURCE: IC 6-6-2.5-28; (13)EH1006.1.91. -->
SECTION 91. IC 6-6-2.5-28, AS AMENDED BY P.L.33-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 28. (a) A license tax of sixteen cents ($0.16) per
gallon is imposed on all special fuel sold or used in producing or
generating power for propelling motor vehicles except fuel used under
section 30(a)(8) or 30.5 of this chapter. The tax shall be paid at those
times, in the manner, and by those persons specified in this section and
section 35 of this chapter.
(b) The department shall consider it a rebuttable presumption that
all undyed or unmarked special fuel, or both, received in Indiana is to
be sold for use in propelling motor vehicles.
(c) Except as provided in subsection (d), the tax imposed on special
fuel by subsection (a) shall be measured by invoiced gallons of
nonexempt special fuel received by a licensed supplier in Indiana for
sale or resale in Indiana or with respect to special fuel subject to a tax
precollection agreement under section 35(d) of this chapter, such
special fuel removed by a licensed supplier from a terminal outside of
Indiana for sale for export or for export to Indiana and in any case shall
generally be determined in the same manner as the tax imposed by
Section 4081 of the Internal Revenue Code and Code of Federal
Regulations.
(d) The tax imposed by subsection (a) on special fuel imported into
Indiana, other than into a terminal, is imposed at the time the product
is entered into Indiana and shall be measured by invoiced gallons
received at a terminal or at a bulk plant.
(e) In computing the tax, all special fuel in process of transfer from
tank steamers at boat terminal transfers and held in storage pending
wholesale bulk distribution by land transportation, or in tanks and
equipment used in receiving and storing special fuel from interstate
pipelines pending wholesale bulk reshipment, shall not be subject to
tax.
(f) The department shall consider it a rebuttable presumption that
special fuel consumed in a motor vehicle plated for general highway
use is subject to the tax imposed under this chapter. A person claiming
exempt use of special fuel in such a vehicle must maintain adequate
records as required by the department to document the vehicle's taxable
and exempt use.
(g) A person that engages in blending fuel for taxable sale or use in
Indiana is primarily liable for the collection and remittance of the tax
imposed under subsection (a). The person shall remit the tax due in
conjunction with the filing of a monthly report in the form prescribed
by the department.
(h) A person that receives special fuel that has been blended for
taxable sale or use in Indiana is secondarily liable to the state for the
tax imposed under subsection (a).
(i) A person may not use special fuel on an Indiana public highway
if the special fuel contains a sulfur content that exceeds five
one-hundredths of one percent (0.05%). A person who knowingly:
(1) violates; or
(2) aids or abets another person to violate;
this subsection commits a Class A infraction. However, the violation
is a Class A misdemeanor if the person has committed one (1) prior
unrelated violation of this subsection, and a Class D Level 6 felony if
the person has committed more than one (1) unrelated violation of this
subsection.
SOURCE: IC 6-6-2.5-40; (13)EH1006.1.92. -->
SECTION 92. IC 6-6-2.5-40 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 40. (a) Each person
operating a refinery, terminal, or bulk plant in Indiana shall prepare and
provide to the driver of every vehicle receiving special fuel at the
facility a shipping document setting out on its face the destination state
as represented to the terminal operator by the shipper or the shipper's
agent, except that an operator of a bulk plant in Indiana delivering
special fuel into a vehicle with a capacity of not more than five
thousand four hundred (5,400) gallons for subsequent delivery to an
end consumer in Indiana is exempt from this requirement.
(b) Every person transporting special fuel in vehicles upon the
Indiana public highways shall carry on board a shipping paper issued
by the terminal operator or the bulk plant operator of the facility where
the special fuel was obtained, which shipping paper shall set out on its
face the state of destination of the special fuel transported in the
vehicle, except that operators of vehicles with a capacity of not more
than five thousand four hundred (5,400) gallons that have received
special fuel at a bulk plant in Indiana for delivery to an end consumer
in Indiana are exempt from this provision with respect to the special
fuel. A person who violates this subsection commits a Class A
infraction (as defined in IC 34-28-5-4).
(c) Every person transporting special fuel in vehicles upon the
public highways of Indiana shall provide the original or a copy of the
terminal issued shipping document accompanying the shipment to the
operator of the retail outlet or bulk plant to which delivery of the
shipment was made. A person who knowingly violates or knowingly
aids and abets another person in violating this subsection commits a
Class D Level 6 felony.
(d) Each operator of a special fuel retail outlet or bulk plant shall
receive, examine, and retain for a period of thirty (30) days at the
delivery location the terminal issued shipping document received from
the transporter for every shipment of special fuel that is delivered to
that location, with record retention of the shipping paper of three (3)
years required offsite. A person who knowingly violates or knowingly
aids and abets another person in violating this subsection commits a
Class D Level 6 felony.
(e) No bulk end user, retail dealer, bulk plant operator, or wholesale
distributor shall knowingly accept delivery of special fuel into storage
facilities in Indiana if that delivery is not accompanied by a shipping
paper issued by the terminal operator or bulk plant operator that sets
out on its face Indiana as the state of destination of the special fuel. A
person who knowingly violates or knowingly aids and abets another
person in violating this subsection commits a Class D Level 6 felony.
(f) The department shall provide for relief in a case where a
shipment of special fuel is legitimately diverted from the represented
destination state after the shipping paper has been issued by the
terminal operator or where the terminal operator failed to cause proper
information to be printed on the shipping paper. These relief provisions
shall include a provision requiring that the shipper or its agent provide
notification before the diversion or correction to the department if an
intended diversion or correction is to occur, and the relief provision
shall be consistent with the refund provisions of this chapter.
(g) The supplier and the terminal operator shall be entitled to rely
for all purposes of this chapter on the representation by the shipper or
the shipper's agent as to the shipper's intended state of destination or
tax exempt use. The shipper, the importer, the transporter, the shipper's
agent, and any purchaser, not the supplier or terminal operator, shall be
jointly liable for any tax otherwise due to the state as a result of a
diversion of the special fuel from the represented destination state.
SOURCE: IC 6-6-2.5-56.5; (13)EH1006.1.93. -->
SECTION 93. IC 6-6-2.5-56.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 56.5. (a) For the
purpose of determining the amount of special tax due, every supplier
shall file with the department on forms prescribed and furnished by the
department a verified statement by the supplier. The department may
require the reporting of any information reasonably necessary to
determine the amount of special fuel tax due.
(b) The reports required by this section that contain information for
the preceding calendar month shall be filed before the twentieth day of
each month.
(c) Each supplier and permissive supplier shall separately report:
(1) all loads of special fuel received by the supplier or permissive
supplier for export to another state; and
(2) all loads of special fuel removed by the supplier or permissive
supplier out of an out-of-state terminal for delivery to Indiana and
sold tax free to persons for import into Indiana;
in accordance with the shipping papers issued by the terminal operator.
A person who knowingly violates this subsection commits a Class D
Level 6 felony.
(d) Each licensed importer shall file monthly with the department
a verified sworn statement of operations within Indiana and any other
information with respect to the source and means of transportation of
special fuel as the department may require and on forms prescribed and
furnished by the department. A person who knowingly violates this
subsection commits a Class D Level 6 felony.
SOURCE: IC 6-6-2.5-62; (13)EH1006.1.94. -->
SECTION 94. IC 6-6-2.5-62 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 62. (a) No person shall
import, sell, use, deliver, or store in Indiana special fuel in bulk as to
which dye or a marker, or both, has not been added in accordance with
section 31 of this chapter, or as to which the tax imposed by this
chapter has not been paid to or accrued by a licensed supplier or
licensed permissive supplier as shown by a notation on a
terminal-issued shipping paper subject to the following exceptions:
(1) A supplier shall be exempt from this provision with respect to
special fuel manufactured in Indiana or imported by pipeline or
waterborne barge and stored within a terminal in Indiana.
(2) An end user shall be exempt from this provision with respect
to special fuel in a vehicle supply tank when the fuel was placed
in the vehicle supply tank outside of Indiana.
(3) A licensed importer, and transporter operating on the
importer's behalf, that transports in vehicles with a capacity of
more than five thousand four hundred (5,400) gallons, shall be
exempt from this prohibition if the importer or the transporter has
met all of the following conditions:
(A) The importer or the transporter before entering onto the
highways of Indiana has obtained an import verification
number from the department not earlier than twenty-four (24)
hours before entering Indiana.
(B) The import verification number must be set out
prominently and indelibly on the face of each copy of the
terminal-issued shipping paper carried on board the transport
truck.
(C) The terminal origin and the importer's name and address
must be set out prominently on the face of each copy of the
terminal-issued shipping paper.
(D) The terminal-issued shipping paper data otherwise
required by this chapter is present.
(E) All tax imposed by this chapter with respect to previously
requested import verification number activity on the account
of the importer or the transporter has been timely remitted.
In every case, a transporter acting in good faith is entitled to rely upon
representations made to the transporter by the fuel supplier or importer
and when acting in good faith is not liable for the negligence or
malfeasance of another person. A person who knowingly violates or
knowingly aids and abets another person in violating this subsection
commits a Class D Level 6 felony.
(b) No person shall export special fuel from Indiana unless that
person has obtained an exporter's license or a supplier's license or has
paid the destination state special fuel tax to the supplier and can
demonstrate proof of export in the form of a destination state bill of
lading. A person who knowingly violates or knowingly aids and abets
another person in violating this subsection commits a Class D Level 6
felony.
(c) No person shall operate or maintain a motor vehicle on any
public highway in Indiana with special fuel contained in the fuel supply
tank for the motor vehicle that contains dye or a marker, or both, as
provided under section 31 of this chapter. This provision does not
apply to persons operating motor vehicles that have received fuel into
their fuel tanks outside of Indiana in a jurisdiction that permits
introduction of dyed or marked, or both, special fuel of that color and
type into the motor fuel tank of highway vehicles or to a person that
qualifies for the federal fuel tax exemption under Section 4082 of the
Internal Revenue Code and that is registered with the department as a
dyed fuel user. A person who knowingly:
(1) violates; or
(2) aids and abets another person in violating;
this subsection commits a Class A infraction. However, the violation
is a Class A misdemeanor if the person has committed one (1) prior
unrelated violation of this subsection, and a Class D Level 6 felony if
the person has committed more than one (1) prior unrelated violation
of this subsection.
(d) No person shall engage in any business activity in Indiana as to
which a license is required by section 41 of this chapter unless the
person shall have first obtained the license. A person who knowingly
violates or knowingly aids and abets another person in violating this
subsection commits a Class D Level 6 felony.
(e) No person shall operate a motor vehicle with a capacity of more
than five thousand four hundred (5,400) gallons that is engaged in the
shipment of special fuel on the public highways of Indiana and that is
destined for a delivery point in Indiana, as shown on the
terminal-issued shipping papers, without having on board a
terminal-issued shipping paper indicating with respect to any special
fuel purchased:
(1) under claim of exempt use, a notation describing the load or
the appropriate portion of the load as Indiana tax exempt special
fuel;
(2) if not purchased under a claim of exempt use, a notation
describing the load or the appropriate portion thereof as Indiana
taxed or pretaxed special fuel; or
(3) if imported by or on behalf of a licensed importer instead of
the pretaxed notation, a valid verification number provided before
entry into Indiana by the department or the department's designee
or appointee, and the valid verification number may be
handwritten on the shipping paper by the transporter or importer.
A person is in violation of subdivision (1) or (2) (whichever applies) if
the person boards the vehicle with a shipping paper that does not meet
the requirements described in the applicable subdivision (1) or (2). A
person in violation of this subsection commits a Class A infraction (as
defined in IC 34-28-5-4).
(f) A person may not sell or purchase any product for use in the
supply tank of a motor vehicle for general highway use that does not
meet ASTM standards as published in the annual Book of Standards
and its supplements unless amended or modified by rules adopted by
the department under IC 4-22-2. The transporter and the transporter's
agent and customer have the exclusive duty to dispose of any product
in violation of this section in the manner provided by federal and state
law. A person who knowingly:
(1) violates; or
(2) aids and abets another in violating;
this subsection commits a
Class D Level 6 felony.
(g) This subsection does not apply to the following:
(1) A person that:
(A) inadvertently manipulates the dye or marker concentration
of special fuel or coloration of special fuel; and
(B) contacts the department within one (1) business day after
the date on which the contamination occurs.
(2) A person that affects the dye or marker concentration of
special fuel by engaging in the blending of the fuel, if the blender:
(A) collects or remits, or both, all tax due as provided in
section 28(g) of this chapter;
(B) maintains adequate records as required by the department
to account for the fuel that is blended and its status as a
taxable or exempt sale or use; and
(C) is otherwise in compliance with this subsection.
A person may not manipulate the dye or marker concentration of a
special fuel or the coloration of special fuel after the special fuel is
removed from a terminal or refinery rack for sale or use in Indiana. A
person who knowingly violates or aids and abets another person to
violate this subsection commits a
Class D Level 6 felony.
(h) This subsection does not apply to a person that receives blended
fuel from a person in compliance with subsection (g)(2). A person may
not sell or consume special fuel if the special fuel dye or marker
concentration or coloration has been manipulated, inadvertently or
otherwise, after the special fuel has been removed from a terminal or
refinery rack for sale or use in Indiana. A person who knowingly:
(1) violates; or
(2) aids and abets another to violate;
this subsection commits a
Class D Level 6 felony.
(i) A person may not engage in blending fuel for taxable use in
Indiana without collecting and remitting the tax due on the untaxed
portion of the fuel that is blended. A person who knowingly:
(1) violates; or
(2) aids and abets another to violate;
this subsection commits a
Class D Level 6 felony.
SOURCE: IC 6-6-2.5-63; (13)EH1006.1.95. -->
SECTION 95. IC 6-6-2.5-63 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 63. (a) A supplier,
permissive supplier, importer, or blender who knowingly fails to collect
or timely remit tax otherwise required to be paid to the department
under section 35 of this chapter or pursuant to a tax precollection
agreement under section 35 of this chapter is liable for the uncollected
tax plus a penalty equal to one hundred percent (100%) of the
uncollected tax.
(b) Collection of a special fuel tax arising from an out-of-state
transaction does not in itself subject a supplier or permissive supplier
to the jurisdiction of Indiana for any tax liability arising outside of this
chapter.
(c) A person who fails or refuses to pay over to the state the tax on
special fuel at the time required in this chapter or who fraudulently
withholds or appropriates or otherwise uses the money or any portion
thereof belonging to the state commits a Class D Level 6 felony.
(d) A person who negligently disregards any provision of this
chapter is subject to a civil penalty of five hundred dollars ($500) for
each separate occurrence of negligent disregard as determined by the
commissioner.
SOURCE: IC 6-6-2.5-71; (13)EH1006.1.96. -->
SECTION 96. IC 6-6-2.5-71 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 71. (a) The department
or any agent of the department may seal a special fuel or kerosene
pump or impound a vehicle that does not have a sealable pump and
post a sign that states that transactions involving special fuel or
kerosene may not be made at the person's location if any of the
following occur:
(1) A person becomes delinquent in payment of a tax due under
this chapter.
(2) There is evidence that the revenue of the seller of fuel is in
jeopardy.
(3) A person sells special fuel or kerosene without being licensed
as required by this chapter.
(4) A person sells special fuel or kerosene without being bonded
as required by the department.
(5) A person sells fuel that is taxable under this chapter without
charging special fuel tax. However, this subdivision does not
apply to a seller that acts in good faith and sells undyed special
fuel to a person with a valid tax exemption certificate on file with
the seller.
(6) A person sells dyed or marked special fuel for use in a motor
vehicle operated on a public highway.
(b) A pump sealed under subsection (a) may remain sealed and a
sign posted under subsection (a) may remain posted until all of the
following have occurred:
(1) All reports are filed and the fees and taxes imposed under this
chapter are paid in full.
(2) The interest and penalties imposed under this chapter,
IC 6-8.1-10-1, and IC 6-8.1-10-2 (repealed) are paid in full.
(3) The license required by this chapter is obtained.
(4) The bond, letter of credit, or cash deposit required by this
chapter is provided in the amount required by the department.
(c) A person that sells special fuel or kerosene in Indiana shall allow
the agents of the department to seal gallonage totalizers of metered
pumps operated by or on behalf of the person selling special fuel or
kerosene.
(d) If the department determines that a person is selling special fuel
or kerosene from a metered pump in Indiana without an effectively
sealable gallonage totalizer, the seller, at the department's request,
shall:
(1) adapt the pump to the department's specifications so that the
pump may be effectively sealed; or
(2) replace, in whole or in part, the pump with a pump employing
an effectively sealable gallonage totalizer, as determined by the
department.
(e) A person's failure to comply with subsection (c) or (d) shall be
considered evidence that the revenue of the person is in jeopardy.
(f) A person that, without authorization, removes, alters, defaces, or
covers a sign that:
(1) is posted by the department; and
(2) states that transactions involving special fuel or kerosene may
not be made at a location;
commits a Class B misdemeanor. However, the offense is a Class D
Level 6 felony if the offense is committed with intent to evade the tax
imposed by this chapter or defraud the state.
(h) (g) A person that sells special fuel or kerosene shall notify the
department of the following:
(1) A broken fuel pump seal.
(2) A removed, altered, defaced, or covered sign that was posted
by the department.
(i) (h) A person that sells special fuel or kerosene that fails to notify
the department, as required by subsection (h), (g), after:
(1) a fuel pump seal is broken; or
(2) a sign that was posted by the department is removed, altered,
defaced, or covered;
commits a Class D Level 6 felony.
SOURCE: IC 6-7-1-21; (13)EH1006.1.97. -->
SECTION 97. IC 6-7-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A distributor or
other person who knowingly sells or offers for sale an individual
package, having affixed thereto any fraudulent, spurious, imitation, or
counterfeit stamp, or stamp which has been previously affixed,
commits a Class C Level 5 felony. A person who knowingly affixes to
an individual package either a fraudulent, spurious, imitation, or
counterfeit stamp or a stamp which has previously been affixed to an
individual package commits a Class C Level 5 felony.
SOURCE: IC 6-7-1-24; (13)EH1006.1.98. -->
SECTION 98. IC 6-7-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. (a) Whenever the
department discovers any cigarettes which are subject to tax under this
chapter and upon which the tax has not been paid or the stamps affixed
as required, it may seize and take possession of the cigarettes together
with any vending machine or receptacle in which they are held for sale.
The seized cigarettes, vending machine, or receptacle, not including
money contained in the vending machine or receptacle, shall be
forfeited to the state. The department may, within a reasonable time
after the seizure:
(1) sell the forfeited cigarettes and vending machines or
receptacles at public auction, but the department shall require the
purchaser to affix the proper amount of the stamps to the
cigarettes upon delivery to the purchaser;
(2) permit the person from whom the cigarettes were seized to
redeem the cigarettes and any vending machine or receptacle
seized therewith, by the payment of the tax due together with a
penalty of fifty percent (50%) and the costs incurred in the
proceeding; or
(3) destroy the confiscated cigarettes and vending machine or
receptacle.
(b) The confiscation, destruction, sale, or redemption of cigarettes
does not relieve any person of criminal penalties imposed for violation
of this chapter.
(c) Any person who sells or holds for sale any packages of cigarettes
not bearing Indiana tax stamps commits a Class A misdemeanor. This
subsection does not apply to distributors or to employees of the
department who are performing their official duties.
(d) The possession of more than one thousand five hundred (1,500)
cigarettes in packages not bearing Indiana tax stamps by any person
other than a distributor, a common carrier, or an employee of the state
or federal government performing his the employee's official duties in
the enforcement of this chapter constitutes prima facie evidence that
the cigarettes are possessed for the purpose of sale.
(e) A person who knowingly possesses more than twelve thousand
(12,000) cigarettes not bearing Indiana tax stamps and who has
previously been convicted of a misdemeanor for possession or sale of
unstamped cigarettes commits a Class D Level 6 felony.
SOURCE: IC 6-7-2-21; (13)EH1006.1.99. -->
SECTION 99. IC 6-7-2-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A distributor who
knowingly:
(1) acts as a distributor without a license;
(2) makes a false statement in a report under this chapter; or
(3) does not pay the tax for which the distributor is liable under
this chapter;
commits a Class B misdemeanor. However, the offense is a Class D
Level 6 felony if it is committed with intent to evade the tax imposed
by this chapter or to defraud the state.
SOURCE: IC 6-8-1-19; (13)EH1006.1.100. -->
SECTION 100. IC 6-8-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. Any person
charging against or deducting from any payment due to any other
person any amount being or represented as being a tax levied by this
chapter or receiving money or credits as or purporting to be such a tax
is a trustee of the amounts so charged, deducted, or received. A trustee
who fails to pay any of those amounts to the department when due, with
intent to evade payment of the tax, commits a Class D Level 6 felony.
SOURCE: IC 6-8-1-24; (13)EH1006.1.101. -->
SECTION 101. IC 6-8-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. It is a Class B
misdemeanor for a person to fail to make any return required to be
made under this chapter, or to make any false return, with intent to
defraud the state or to evade the payment of the tax, or any part thereof,
imposed by this chapter. It is a Class B misdemeanor for a person to
recklessly fail to permit the examination of any book, paper, account,
record, or other data by the department or its authorized agents, as
required by this chapter, to recklessly fail to permit the inspection or
appraisal of any property by the department or its authorized agents, or
to knowingly fail to offer testimony or produce any record as required
in this chapter. A person who makes a false statement, with intent to
defraud the state or to evade the payment of the tax imposed under this
chapter, commits a Class D Level 6 felony.
SOURCE: IC 6-9-2-5; (13)EH1006.1.102. -->
SECTION 102. IC 6-9-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A member of the
convention and visitor bureau created under section 3 of this chapter
or the economic development authority created under section 7 of this
chapter who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a
Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-2.5-8; (13)EH1006.1.103. -->
SECTION 103. IC 6-9-2.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly:
(1) approves the transfer of funds to any person not qualified
under this chapter for such a transfer; or
(2) approves a transfer for a purpose not permitted under this
chapter;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses those funds for any purpose other than a proposal
approved by the commission commits a Class D Level 6 felony.
SOURCE: IC 6-9-4-8; (13)EH1006.1.104. -->
SECTION 104. IC 6-9-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly approves the transfer of funds to any
person not qualified under this chapter for such a transfer, or approves
a transfer for a purpose not permitted under this chapter, commits a
Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the commission commits a Class D Level 6 felony.
SOURCE: IC 6-9-6-8; (13)EH1006.1.105. -->
SECTION 105. IC 6-9-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. Any person or officer
or employee of a corporation who receives a transfer of funds under
this chapter and who uses the funds for any purpose other than a
proposal approved by the commission commits a Class D Level 6
felony.
SOURCE: IC 6-9-7-8; (13)EH1006.1.106. -->
SECTION 106. IC 6-9-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Any member of
the commission who approves the transfer of funds to any person or
corporation not qualified under this chapter for that transfer or who
approves a transfer for a purpose not permitted under this chapter
commits a Class D Level 6 felony.
(b) Any person or officer or employee of a corporation who receives
a transfer of funds under this chapter and who uses those funds for any
purpose other than a proposal approved by the commission commits a
Class D Level 6 felony.
SOURCE: IC 6-9-10-8; (13)EH1006.1.107. -->
SECTION 107. IC 6-9-10-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who
approves the transfer of funds to any person not qualified under this
chapter for that transfer, or approves a transfer for a purpose not
permitted under this chapter, commits a Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the board commits a Class D Level 6 felony.
SOURCE: IC 6-9-10.5-12; (13)EH1006.1.108. -->
SECTION 108. IC 6-9-10.5-12, AS ADDED BY P.L.172-2011,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 12. (a) A member of a commission
created under section 9 of this chapter who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law to receive the transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses the money for any purpose not permitted under this
chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-11-8; (13)EH1006.1.109. -->
SECTION 109. IC 6-9-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly approves the transfer of funds to any
person not qualified under this chapter for such a transfer, or approves
a transfer for a purpose not permitted under this chapter, commits a
Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the commission commits a Class D Level 6 felony.
SOURCE: IC 6-9-14-8; (13)EH1006.1.110. -->
SECTION 110. IC 6-9-14-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly approves the transfer of funds to any
person not qualified under this chapter for such a transfer, or approves
a transfer for a purpose not permitted under this chapter, commits a
Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the commission commits a Class D Level 6 felony.
SOURCE: IC 6-9-15-8; (13)EH1006.1.111. -->
SECTION 111. IC 6-9-15-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who
approves the transfer of funds to any person not qualified under this
chapter for that transfer, or approves a transfer for a purpose not
permitted under this chapter, commits a Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the board commits a Class D Level 6 felony.
SOURCE: IC 6-9-16-8; (13)EH1006.1.112. -->
SECTION 112. IC 6-9-16-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly approves the transfer of funds to any
person not qualified under this chapter for such a transfer, or approves
a transfer for a purpose not permitted under this chapter, commits a
Class D Level 6 felony.
(b) A person who receives a transfer of funds under this chapter and
knowingly uses the funds for any purpose other than a proposal
approved by the commission commits a Class D Level 6 felony.
SOURCE: IC 6-9-17-8; (13)EH1006.1.113. -->
SECTION 113. IC 6-9-17-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-18-8; (13)EH1006.1.114. -->
SECTION 114. IC 6-9-18-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-19-8; (13)EH1006.1.115. -->
SECTION 115. IC 6-9-19-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-29-2; (13)EH1006.1.116. -->
SECTION 116. IC 6-9-29-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. An individual who:
(1) is an individual taxpayer or an employee, an officer, or a
member of a corporate or partnership taxpayer; and
(2) has a duty to remit innkeeper's taxes to the department of state
revenue or a political subdivision;
holds those innkeeper's taxes in trust for the state or political
subdivision and is personally liable for the payment of the innkeeper's
taxes, plus any penalties and interest attributable to the innkeeper's
taxes, to the state or political subdivision. An individual who
knowingly fails to collect or remit the innkeeper's taxes to the state or
political subdivision commits a Class D Level 6 felony.
SOURCE: IC 6-9-32-8; (13)EH1006.1.117. -->
SECTION 117. IC 6-9-32-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the
commission who knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 6-9-37-8; (13)EH1006.1.118. -->
SECTION 118. IC 6-9-37-8, AS ADDED BY P.L.214-2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. (a) A member of the commission who
knowingly:
(1) approves the transfer of money to any person or corporation
not qualified under law for that transfer; or
(2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
(b) A person who receives a transfer of money under this chapter
and knowingly uses that money for any purpose not permitted under
this chapter commits a Class D Level 6 felony.
SOURCE: IC 7.1-3-4-2; (13)EH1006.1.119. -->
SECTION 119. IC 7.1-3-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) The commission
shall not issue a beer retailer's permit, except as otherwise authorized
in this title and subject to the other restrictions contained in this title,
to the following persons:
(1) An alien.
(2) A person who:
(A) is not of good moral character and of good repute in the
community in which the person resides; or
(B) has been convicted within ten (10) years before the date of
application of:
(i) a federal crime having a sentence of at least one (1) year;
(ii) an Indiana Class A, Class B, or Class C
felony (for a
crime committed before July 1, 2014) or a Level 1, Level
2, Level 3, Level 4, or Level 5 felony (for a crime
committed after June 30, 2014); or
(iii) a crime in a state other than Indiana having a penalty
equal to the penalty for an Indiana Class A, Class B, or Class
C felony (for a crime committed before July 1, 2014) or
a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for
a crime committed after June 30, 2014).
(3) A person who does not own the premises to which the permit
will be applicable, or who does not have a bona fide lease on the
premises for the full period for which the permit is to be issued.
(4) A law enforcement officer or an officer who is not an elected
officer of a municipal corporation, or governmental subdivision,
or of this state, charged with any duty or function in the
enforcement of this title.
(5) An officer or employee of a person engaged in the alcoholic
beverage traffic, which person is a nonresident of this state, or is
engaged in carrying on any phase of the manufacture of, traffic in,
or transportation of alcoholic beverages without a permit under
this title when a permit is required by this title.
(6) If the permit applicant does not hold a brewer's permit, a
person who leases from a person, or an officer or agent of that
person, who holds a brewer's permit or a beer wholesaler's permit.
(7) If the permit applicant does not hold a brewer's permit, a
person who is indebted to a person who holds a brewer's permit
or a beer wholesaler's permit, or an officer or agent of that person,
for a debt secured by a lien, mortgage, or otherwise, upon the
premises for which the beer retailer's permit is to be applicable,
or upon any of the property or fixtures on the premises, or used,
or to be used in connection with the premises.
(8) A person whose place of business is conducted by a manager
or agent, unless the manager or agent possesses the same
qualifications required for the issuance of a beer retailer's permit
to the person.
(9) A minor.
(10) A person non compos mentis.
(11) A person who has held a permit under this title and who has
had that permit revoked within one (1) year prior to the date of
application for a beer retailer's permit.
(12) A person who has made an application for a permit of any
type which has been denied less than one (1) year prior to the
person's application for a beer retailer's permit unless the first
application was denied by reason of a procedural or technical
defect.
(13) A person who is not the proprietor of a restaurant located and
being operated on the premises described in the application for
the beer retailer's permit, or of a hotel, or of a club, owning, or
leasing the premises as a part of it. The disqualification contained
in this subdivision shall not apply to the qualifications for or
affect the privileges to be accorded under a beer dealer's permit
or a dining car beer permit.
(b) Subsection (a)(9) does not prevent a minor from being a
stockholder in a corporation.
SOURCE: IC 7.1-3-26-15; (13)EH1006.1.120. -->
SECTION 120. IC 7.1-3-26-15, AS ADDED BY P.L.165-2006,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 15. (a) Except as provided in subsections (b) and
(c), a seller who violates this chapter commits a Class A infraction.
(b) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has one (1) prior unrelated conviction or judgment for an
infraction under this section for an act or omission that occurred
not more than ten (10) years before the act or omission that is the
basis for the most recent conviction or judgment for an infraction;
commits a Class A misdemeanor.
(c) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has at least two (2) prior unrelated convictions or judgments
for infractions under this section for acts or omissions that
occurred not more than ten (10) years before the act or omission
that is the basis for the most recent conviction or judgment for an
infraction;
commits a Class D Level 6 felony.
(d) A person who violates section 6(5) of this chapter commits a
Class A infraction. The commission may consider an infraction
committed under this subsection in its determination of whether to
renew a seller's permit.
SOURCE: IC 7.1-5-1-9; (13)EH1006.1.121. -->
SECTION 121. IC 7.1-5-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. Felony Penalty. A
person who knowingly violates IC 7.1-5-4-3, IC 7.1-5-4-6, or
IC 7.1-5-6-4 commits a Class D Level 6 felony.
SOURCE: IC 7.1-5-1-9.5; (13)EH1006.1.122. -->
SECTION 122. IC 7.1-5-1-9.5, AS AMENDED BY P.L.1-2006,
SECTION 150, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2014]: Sec. 9.5. (a) An in state or an out of state
vintner, distiller, brewer, rectifier, or importer that:
(1) holds a basic permit from the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class A misdemeanor.
(b) A person who:
(1) is not described in subsection (a); and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class D Level 6 felony.
(c) If the chairman of the alcohol and tobacco commission or the
attorney general determines that a vintner, distiller, brewer, rectifier, or
importer that holds a basic permit from the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives has made an illegal shipment of an
alcoholic beverage to consumers in Indiana, the chairman shall:
(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives in writing and by certified mail of the official
determination that state law has been violated; and
(2) request the federal bureau to take appropriate action.
SOURCE: IC 7.1-5-7-8; (13)EH1006.1.123. -->
SECTION 123. IC 7.1-5-7-8, AS AMENDED BY P.L.94-2008,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. (a) It is a Class B misdemeanor for a person to
recklessly, knowingly, or intentionally sell, barter, exchange, provide,
or furnish an alcoholic beverage to a minor.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated
conviction under this section; and
(2) a Class D Level 6 felony if the consumption, ingestion, or use
of the alcoholic beverage is the proximate cause of the serious
bodily injury or death of any person.
(c) This section shall not be construed to impose civil liability upon
any postsecondary educational institution, including public and private
universities and colleges, business schools, vocational schools, and
schools for continuing education, or its agents for injury to any person
or property sustained in consequence of a violation of this section
unless such institution or its agent sells, barters, exchanges, provides,
or furnishes an alcoholic beverage to a minor.
SOURCE: IC 7.1-5-10-21; (13)EH1006.1.124. -->
SECTION 124. IC 7.1-5-10-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. (a) A person who
knowingly or intentionally visits a building, structure, vehicle, or other
place when it is being used by any person to buy an alcoholic beverage
(if the sale is in violation of section 5 of this chapter) commits visiting
a common nuisance, a Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building,
structure, vehicle, or other place that is used for the sale of alcoholic
beverages (if the sale is in violation of section 5 of this chapter)
commits maintaining a common nuisance, a Class D Level 6 felony.
SOURCE: IC 7.1-5-11-5; (13)EH1006.1.125. -->
SECTION 125. IC 7.1-5-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. Transportation of
Untaxed Beverage Prohibited. It is a Class D Level 6 felony for a
person to transport an alcoholic beverage on a public highway,
knowing that any of the taxes due the state on it are not paid. This
section does not apply to a permittee, or a duly licensed carrier for a
permittee, who is lawfully entitled to hold or possess an alcoholic
beverage without the payment of the excise tax on it prior to the time
that it is withdrawn for sale.
SOURCE: IC 8-1-2-79; (13)EH1006.1.126. -->
SECTION 126. IC 8-1-2-79 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 79. (a) Whenever a
public utility desires to issue bonds, notes, or other evidences of
indebtedness, payable more than one (1) year from the execution
thereof, or preferred or common stock, it shall file with the commission
a petition verified by its president or vice-president, and secretary or
assistant secretary, or by two (2) of its incorporators, if it has no such
officers, setting forth:
(1) the principal amount of bonds, notes, or other evidences of
indebtedness, and the par value or number of shares of preferred
and common stock;
(2) the minimum price for which said securities are to be disposed
of or sold;
(3) the purposes for which said securities are to be disposed of or
sold;
(4) the description, cost, or value of any property acquired or to
be acquired from the proceeds of the disposal or sale of said
securities;
(5) a balance sheet and income account; and
(6) all other information that may be relevant or that may be
required by the commission.
For the purpose of enabling it to determine whether the proposed issue
is in the public interest, in accordance with laws touching the issuance
of securities by public utilities, and reasonably necessary in the
operation and management of the business of the utility in order that
the utility may provide adequate service and facilities, the commission
also may consider the total outstanding capitalization of the utility,
including the proposed issue, in relation to the total value of or
investment in the property of the utility, including the property to be
acquired by the proposed issue, as shown by the balance sheet,
accounts, or reports of the utility, the records of the commission, or
other evidence, and the character and proportionate amount of each
kind of security, including the proposed issue, and the unamortized
discount suffered by the utility in the sale of the outstanding securities.
The commission shall make such further inquiry or investigation, hold
such hearing or hearings, and examine such witnesses, books, papers,
documents, or contracts as it may deem of importance in enabling it to
reach a decision.
(b) An owner, officer, or agent of any public utility who knowingly
violates this section, or knowingly makes any material
misrepresentation or misstatements in connection with this section,
commits a Class D Level 6 felony.
SOURCE: IC 8-1-2-102; (13)EH1006.1.127. -->
SECTION 127. IC 8-1-2-102 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 102. (a) The definitions
set forth in IC 3-5-2 apply to this section.
(b) No public utility, or any agent or officer thereof, or any agent or
officer of a political subdivision constituting a public utility, as defined
in this chapter, may offer or give, for any purpose, to any political
committee or any member or employee thereof, candidate for, or
incumbent of, any office or position under the constitution or laws of
Indiana, or under any political subdivision or to any person, at the
request, or for the advantage of, any of them, any frank, privilege, or
property withheld from any person for any product or service produced,
transmitted, delivered, furnished, or rendered, or to be produced,
transmitted, delivered, furnished, or rendered by any public utility or
any free product or service.
(c) No political committee, or member or employee thereof, or
candidate for or incumbent of any office or position under the
constitution or laws of Indiana or under any political subdivision may
ask for or accept from any public utility, or any agent or officer thereof,
or any agent or officer of any political subdivision constituting a public
utility, as defined in this chapter, or use, in any matter or for any
purpose, any frank or privilege withheld from any person for any
product or service produced, transmitted, delivered, furnished, or
rendered, or to be produced, transmitted, delivered, furnished, or
rendered by any public utility.
(d) A person who knowingly violates this section commits a Class
D Level 6 felony.
(e) This chapter does not:
(1) prevent any public utility, carrier, or agent or officer thereof,
from furnishing free or reduced service or transportation to any
bona fide employee or officer thereof;
(2) prohibit any carrier from carrying free, or at reduced rates,
agricultural experiment and demonstration cars or trains and the
lecturers and necessary demonstrators accompanying such trains
or cars; or
(3) prohibit any carrier from carrying free, or at reduced rates, its
furloughed, pensioned, or superannuated employees, persons who
have become disabled or infirm in its service, the remains of any
person killed in its service, or the unremarried surviving spouses
and dependent children under eighteen (18) years of age of
persons who died in its service.
SOURCE: IC 8-2-3-1; (13)EH1006.1.128. -->
SECTION 128. IC 8-2-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who, with
intent to defraud:
(1) falsely makes, alters, forges, counterfeits, prints, or
photographs any bill of lading purporting to represent goods
received for shipment intrastate in Indiana;
(2) utters or publishes as true and genuine any such falsely made,
altered, forged, counterfeited, printed, or photographed bill of
lading; or
(3) issues, negotiates, or transfers for value a bill which contains
a false statement as to the receipt of the goods, or as to any other
matter;
commits a Class D Level 6 felony.
SOURCE: IC 8-10-1-29; (13)EH1006.1.129. -->
SECTION 129. IC 8-10-1-29, AS AMENDED BY P.L.98-2008,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 29. (a) Unless the ports of Indiana declares an
emergency, the ports of Indiana may not during any six (6) month
period make separate contracts with another party for similar
construction projects or the purchase of similar equipment, materials,
or supplies under IC 8-10-1-7(5) without advertising for and accepting
public bids, if the aggregate cost of the separate contracts is more than
twenty-five thousand dollars ($25,000).
(b) A commission member or an employee of the ports of Indiana
who knowingly violates subsection (a) commits a Class D Level 6
felony.
(c) A person who accepts a contract with the ports of Indiana
knowing that subsection (a) was violated in connection with the
contract commits a Class D Level 6 felony and may not be a party to
or benefit from any contract with a public body in the state for two (2)
years from the date of the person's conviction.
SOURCE: IC 8-15.5-13-8; (13)EH1006.1.130. -->
SECTION 130. IC 8-15.5-13-8, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. A person who knowingly or intentionally
violates this chapter commits a Class D Level 6 felony.
SOURCE: IC 8-15.7-16-8; (13)EH1006.1.131. -->
SECTION 131. IC 8-15.7-16-8, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 8. A person who knowingly or intentionally
violates this chapter commits a Class D Level 6 felony.
SOURCE: IC 8-23-23-3; (13)EH1006.1.132. -->
SECTION 132. IC 8-23-23-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. An inspector who
knowingly permits:
(1) construction of a highway contrary to the specifications;
(2) the use of inferior materials not provided for in the
specifications; or
(3) the use of a lesser amount of materials than provided for in the
specifications;
commits a Class D Level 6 felony.
SOURCE: IC 9-17-3-3.2; (13)EH1006.1.133. -->
SECTION 133. IC 9-17-3-3.2, AS AMENDED BY P.L.125-2012,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 3.2. (a) When a certificate of title is available and
a vehicle is sold or transferred to a person other than a dealer licensed
in Indiana, the seller or transferor shall fill in all blanks on the
certificate of title relating to buyer information, including the sale
price.
(b) The knowing or intentional failure of the seller or transferor to
fill in all buyer information is a Class A misdemeanor for the first
offense and a Class D Level 6 felony for the second or subsequent
offense under IC 9-17-3-7(c)(2). section 7(c)(2) of this chapter.
SOURCE: IC 9-17-3-7; (13)EH1006.1.134. -->
SECTION 134. IC 9-17-3-7, AS AMENDED BY P.L.131-2008,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 7. (a) This section does not apply to section 5 of
this chapter.
(b) Except as provided in subsection (c), a person who violates this
chapter commits a Class C infraction.
(c) A person who knowingly or intentionally violates:
(1) section 3(a)(1), 3(a)(2), 3(a)(4), or 3(a)(5) of this chapter
commits a Class B misdemeanor; or
(2) section 3(a)(3) of this chapter commits:
(A) a Class A misdemeanor for the first violation; or
(B) a Class D Level 6 felony for the second violation or any
subsequent violation.
SOURCE: IC 9-17-4-6; (13)EH1006.1.135. -->
SECTION 135. IC 9-17-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) Except as
provided under subsection (b), a person who violates this chapter
commits a Class C infraction.
(b) A person who knowingly damages, removes, covers, or alters an
identification number commits a Class C Level 5 felony.
SOURCE: IC 9-18-8-11; (13)EH1006.1.136. -->
SECTION 136. IC 9-18-8-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who owns
or possesses a vehicle knowing the vehicle to be in violation of section
2, 3, or 4 of this chapter commits a Class D Level 6 felony.
SOURCE: IC 9-18-8-12; (13)EH1006.1.137. -->
SECTION 137. IC 9-18-8-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who
knowingly:
(1) damages;
(2) removes;
(3) covers; or
(4) alters;
an original or a special identification number commits a Class C Level
5 felony.
SOURCE: IC 9-18-8-13; (13)EH1006.1.138. -->
SECTION 138. IC 9-18-8-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who
knowingly sells or offers for sale a motor vehicle that has had the
original or special identification number:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a Class D Level 6 felony.
SOURCE: IC 9-18-8-14; (13)EH1006.1.139. -->
SECTION 139. IC 9-18-8-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A person who
knowingly or intentionally sells or offers for sale a motor vehicle part
that has had the identification number:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a
Class D Level