HB 1110 creates a new criminal offense in Indiana for unlawful gratuities to public servants. The bill defines a “gratuity” as a payment made after an official act as a reward or token of appreciation, and it makes it a crime for a person to give such a gratuity with the intent to reward an official act, or for a public servant to solicit or accept one as a reward for an official act performed in an official capacity. The offense is generally a Class A misdemeanor, but it becomes a Level 6 felony if the fair market value of the gratuity is at least $750.
The bill also defines “public servant” to include former public servants and adds a new statutory section to the Indiana Code effective July 1, 2025. It carves out several exceptions, including items or services already subject to ethics reporting or otherwise authorized by ethics rules, de minimis gifts under $100, ceremonial or commemorative items such as plaques or trophies, lawful political contributions, and wages or other authorized employment compensation from the employing governmental entity.
Impact
HB 1110 would amend Indiana’s criminal code by adding a new offense related to gratuities for public officials and by defining “gratuity” for that purpose. It would expand potential criminal liability to both the giver and the recipient of post-act rewards tied to official actions, while preserving exceptions for low-value gifts, ceremonial items, political contributions, and authorized compensation. The bill would also apply to former public servants, broadening the reach of the prohibition beyond current officeholders.
Sentiment
Based on the bill’s title and text, the measure appears aimed at strengthening ethics and anti-corruption rules by discouraging gifts or payments that could be viewed as rewards for official acts. No committee transcript or vote record was provided, so there is no documented debate or recorded sentiment in the materials beyond the bill’s anti-gratuity purpose and its detailed exceptions, which suggest an attempt to balance enforcement with ordinary, permissible gifts and compensation.
Contention
The main points of contention likely center on where to draw the line between prohibited gratuities and permissible gifts. The $100 de minimis exception, the $750 felony threshold, and the inclusion of former public servants may raise concerns about overbreadth, enforcement, and whether ordinary tokens of appreciation could be swept into criminal law. On the other hand, supporters would likely emphasize the need to prevent pay-to-play behavior and post-service rewards that could influence official conduct. Because no discussion transcript is available, specific named opponents or supporters cannot be identified from the record provided.
Labor: hours and wages; employer offset of wages due an employee in a pay period based on the amount of gratuities the employee receives; prohibit. Amends sec. 4d of 2018 PA 337 (MCL 408.934d).