IC 5-16-11
Chapter 11. Disclosure of Economic Interests by Consultants in
Public Projects
IC 5-16-11-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" has the meaning set forth
in 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 an
individual who, under a contract with the state or a political
subdivision, does either of the following for the state or the political
subdivision:
(1) Evaluates bids for contracts.
(2) Awards contracts.
The term does not include a public employee (as defined in
IC 34-6-2-38).
(b) An individual is not required to be a party to the contract with
the state or the political subdivision to be a consultant under this
section. 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Repealed
(Repealed by P.L.52-1991, SEC.9.)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 set
forth 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 the
meaning 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 the
following apply:
(1) The entity has given a gift or gifts:
(A) to the consultant, the consultant's spouse, or the
consultant's unemancipated children;
(B) that have a total fair market value of more than one
hundred dollars ($100); and
(C) within the preceding year.
(2) The consultant, the consultant's spouse, or the consultant's
unemancipated children have an equitable or a legal interest in
real 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 worth
of the consultant, the consultant's spouse, or the
consultant's unemancipated children; and
(B) has been or would be increased or decreased if a contract
were awarded to the entity.
(3) The consultant or the consultant's spouse is employed by the
entity.
(4) The entity is the sole proprietorship or professional practice
of the consultant or the consultant's spouse.
(5) The consultant or the consultant's spouse is a partner in the
entity.
(6) The consultant or the consultant's spouse is an officer or a
director of the entity.
(7) The consultant, the consultant's spouse, or the consultant's
unemancipated children own stock or options to purchase stock
in the entity and the stock or the options to purchase stock have
a 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 financial
institution.
(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 disclosure
if the consultant has a conflict of interest under section 5.5 of this
chapter.
(b) The disclosure required under subsection (a) must describe the
conflict of interest.
(c) The consultant shall file the disclosure required under
subsection (a) within ten (10) days of the earlier of the following
events:
(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 section
6 of this chapter with:
(1) the state ethics commission, if the consultant contracts with
the state; or
(2) the clerk of a political subdivision, or the fiscal body of a
political subdivision that has no clerk, if the consultant
contracts 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 by
section 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 this
chapter 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 this
chapter 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.
IC 5-16-11
Chapter 11. Disclosure of Economic Interests by Consultants in
Public Projects
IC 5-16-11-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" has the meaning set forth
in 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 an
individual who, under a contract with the state or a political
subdivision, does either of the following for the state or the political
subdivision:
(1) Evaluates bids for contracts.
(2) Awards contracts.
The term does not include a public employee (as defined in
IC 34-6-2-38).
(b) An individual is not required to be a party to the contract with
the state or the political subdivision to be a consultant under this
section. 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 set
forth 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 the
meaning 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 the
following apply:
(1) The entity has given a gift or gifts:
(A) to the consultant, the consultant's spouse, or the
consultant's unemancipated children;
(B) that have a total fair market value of more than one
hundred dollars ($100); and
(C) within the preceding year.
(2) The consultant, the consultant's spouse, or the consultant's
unemancipated children have an equitable or a legal interest in
real 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 worth
of the consultant, the consultant's spouse, or the
consultant's unemancipated children; and
(B) has been or would be increased or decreased if a contract
were awarded to the entity.
(3) The consultant or the consultant's spouse is employed by the
entity.
(4) The entity is the sole proprietorship or professional practice
of the consultant or the consultant's spouse.
(5) The consultant or the consultant's spouse is a partner in the
entity.
(6) The consultant or the consultant's spouse is an officer or a
director of the entity.
(7) The consultant, the consultant's spouse, or the consultant's
unemancipated children own stock or options to purchase stock
in the entity and the stock or the options to purchase stock have
a 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 financial
institution.
(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 disclosure
if the consultant has a conflict of interest under section 5.5 of this
chapter.
(b) The disclosure required under subsection (a) must describe the
conflict of interest.
(c) The consultant shall file the disclosure required under
subsection (a) within ten (10) days of the earlier of the following
events:
(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 section
6 of this chapter with:
(1) the state ethics commission, if the consultant contracts with
the state; or
(2) the clerk of a political subdivision, or the fiscal body of a
political subdivision that has no clerk, if the consultant
contracts 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 by
section 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 this
chapter 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 this
chapter 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.
IC 5-16-11
Chapter 11. Disclosure of Economic Interests by Consultants in
Public Projects
IC 5-16-11-1 "Clerk" defined
Sec. 1. As used in this chapter, "clerk" has the meaning set forth
in 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 an
individual who, under a contract with the state or a political
subdivision, does either of the following for the state or the political
subdivision:
(1) Evaluates bids for contracts.
(2) Awards contracts.
The term does not include a public employee (as defined in
IC 34-6-2-38).
(b) An individual is not required to be a party to the contract with
the state or the political subdivision to be a consultant under this
section. 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 set
forth 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 the
meaning 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 the
following apply:
(1) The entity has given a gift or gifts:
(A) to the consultant, the consultant's spouse, or the
consultant's unemancipated children;
(B) that have a total fair market value of more than one
hundred dollars ($100); and
(C) within the preceding year.
(2) The consultant, the consultant's spouse, or the consultant's
unemancipated children have an equitable or a legal interest in
real 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 worth
of the consultant, the consultant's spouse, or the
consultant's unemancipated children; and
(B) has been or would be increased or decreased if a contract
were awarded to the entity.
(3) The consultant or the consultant's spouse is employed by the
entity.
(4) The entity is the sole proprietorship or professional practice
of the consultant or the consultant's spouse.
(5) The consultant or the consultant's spouse is a partner in the
entity.
(6) The consultant or the consultant's spouse is an officer or a
director of the entity.
(7) The consultant, the consultant's spouse, or the consultant's
unemancipated children own stock or options to purchase stock
in the entity and the stock or the options to purchase stock have
a 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 financial
institution.
(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 disclosure
if the consultant has a conflict of interest under section 5.5 of this
chapter.
(b) The disclosure required under subsection (a) must describe the
conflict of interest.
(c) The consultant shall file the disclosure required under
subsection (a) within ten (10) days of the earlier of the following
events:
(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 section
6 of this chapter with:
(1) the state ethics commission, if the consultant contracts with
the state; or
(2) the clerk of a political subdivision, or the fiscal body of a
political subdivision that has no clerk, if the consultant
contracts 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 by
section 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 this
chapter 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 this
chapter 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.
