IC 5-16-11
    Chapter 11. Disclosure of Economic Interests by Consultants inPublic Projects

IC 5-16-11-1
"Clerk" defined
    Sec. 1. As used in this chapter, "clerk" has the meaning set forthin IC 36-1-2-4.
As added by P.L.73-1989, SEC.1.

IC 5-16-11-2
"Consultant" defined
    Sec. 2. (a) As used in this chapter, "consultant" means anindividual who, under a contract with the state or a politicalsubdivision, does either of the following for the state or the politicalsubdivision:
        (1) Evaluates bids for contracts.
        (2) Awards contracts.
The term does not include a public employee (as defined inIC 34-6-2-38).
    (b) An individual is not required to be a party to the contract withthe state or the political subdivision to be a consultant under thissection.
As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.1;P.L.1-1998, SEC.75.

IC 5-16-11-3
Repealed
    (Repealed by P.L.52-1991, SEC.9.)

IC 5-16-11-3.5
"Entity" defined
    Sec. 3.5. As used in this chapter, "entity" refers to a person that:
        (1) has submitted a bid to be evaluated by a consultant; or
        (2) was awarded a contract by a consultant.
As added by P.L.52-1991, SEC.2.

IC 5-16-11-4
"Fiscal body" defined
    Sec. 4. As used in this chapter, "fiscal body" has the meaning setforth in IC 36-1-2-6.
As added by P.L.73-1989, SEC.1.

IC 5-16-11-5
"Political subdivision" defined
    Sec. 5. As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13.
As added by P.L.73-1989, SEC.1.
IC 5-16-11-5.5
Conflicts of interest; consultants
    Sec. 5.5. (a) A consultant has a conflict of interest if any of thefollowing apply:
        (1) The entity has given a gift or gifts:
            (A) to the consultant, the consultant's spouse, or theconsultant's unemancipated children;
            (B) that have a total fair market value of more than onehundred dollars ($100); and
            (C) within the preceding year.
        (2) The consultant, the consultant's spouse, or the consultant'sunemancipated children have an equitable or a legal interest inreal property the value of which:
            (A) either:
                (i) is at least five thousand dollars ($5,000); or
                (ii) comprises at least ten percent (10%) of the net worthof the consultant, the consultant's spouse, or theconsultant's unemancipated children; and
            (B) has been or would be increased or decreased if a contractwere awarded to the entity.
        (3) The consultant or the consultant's spouse is employed by theentity.
        (4) The entity is the sole proprietorship or professional practiceof the consultant or the consultant's spouse.
        (5) The consultant or the consultant's spouse is a partner in theentity.
        (6) The consultant or the consultant's spouse is an officer or adirector of the entity.
        (7) The consultant, the consultant's spouse, or the consultant'sunemancipated children own stock or options to purchase stockin the entity and the stock or the options to purchase stock havea fair market value of more than ten thousand dollars ($10,000).This subdivision does not apply to the following:
            (A) Time deposits or demand deposits in a financialinstitution.
            (B) An insurance policy.
As added by P.L.52-1991, SEC.3.

IC 5-16-11-6
Conflict of interest disclosure; filing
    Sec. 6. (a) A consultant shall file a conflict of interest disclosureif the consultant has a conflict of interest under section 5.5 of thischapter.
    (b) The disclosure required under subsection (a) must describe theconflict of interest.
    (c) The consultant shall file the disclosure required undersubsection (a) within ten (10) days of the earlier of the followingevents:
        (1) The closing day for receipt of bids.
        (2) The award of the contract.As added by P.L.73-1989, SEC.1. Amended by P.L.9-1990, SEC.12;P.L.52-1991, SEC.4.

IC 5-16-11-7
Recipient of disclosure
    Sec. 7. The consultant shall file the disclosure required by section6 of this chapter with:
        (1) the state ethics commission, if the consultant contracts withthe state; or
        (2) the clerk of a political subdivision, or the fiscal body of apolitical subdivision that has no clerk, if the consultantcontracts with a political subdivision.
As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.5.

IC 5-16-11-8
Disclosure under oath
    Sec. 8. The consultant shall make the disclosure required bysection 6 of this chapter under affirmation.
As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.6.

IC 5-16-11-9
Repealed
    (Repealed by P.L.52-1991, SEC.9.)

IC 5-16-11-10
Repealed
    (Repealed by P.L.52-1991, SEC.9.)

IC 5-16-11-11
Offense
    Sec. 11. A consultant who fails to file a disclosure required by thischapter commits a Class A infraction.
As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.7.

IC 5-16-11-12
Perjury
    Sec. 12. A consultant who files a false disclosure under thischapter is subject to the penalties for perjury under IC 35-44-2-1.
As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.8.