§ 4-2-6-8 — Financial disclosure; filing false statement; penalty

Indiana § 4-2-6-8

• Jurisdiction: Indiana
• Art. 2: STATE OFFICERS GENERALLY
• Ch. 6: Ethics and Conflicts of Interest

Text

(a) The following persons shall file a written
financial disclosure statement:
(1) The governor, lieutenant governor, secretary of state, state
comptroller, treasurer of state, and attorney general.
(2) Any candidate for one (1) of the offices in subdivision (1) who
is not the holder of one (1) of those offices.
(3) Any person who is the appointing authority of an agency.
(4) The director of each division of the Indiana department of
administration.
(5) Any purchasing agent within the procurement division of the
Indiana department of administration.
(6) Any agency employee, special state appointee, former agency
employee, or former special state appointee with final purchasing
authority.
(7) The chief investment officer employed by the Indiana public
retirement system.
(8) Any employee of the Indiana public retirement system whose
duties include the recommendation, selection, and management
of:
(A) the investments of the funds administered by the Indiana
public retirement system;
(B) the investment options offered in the annuity savings
accounts in the public employees' retirement fund and the
Indiana state teachers' retirement fund;
(C) the investment options offered in the legislators' defined
contribution plan; or
(D) investment managers, investment advisors, and other
investment service providers of the Indiana public retirement
system.
(9) An employee required to do so by rule adopted by the
inspector general.
(b) The statement shall be filed with the inspector general as
follows:
(1) Not later than February 1 of every year, in the case of the state
officers and employees enumerated in subsection (a).
(2) If the individual has not previously filed under subdivision (1)
during the present calendar year and is filing as a candidate for a
state office listed in subsection (a)(1), before filing a declaration
of candidacy under IC 3-8-2 or IC 3-8-4-11, petition of
nomination under IC 3-8-6, or declaration of intent to be a
write-in candidate under IC 3-8-2-2.5, or before a certificate of
nomination is filed under IC 3-8-7-8, in the case of a candidate for
one (1) of the state offices (unless the statement has already been
filed when required under IC 3-8-4-11).
(3) Not later than sixty (60) days after employment or taking
office, unless the previous employment or office required the
filing of a statement under this section.
(4) Not later than thirty (30) days after leaving employment or
office, unless the subsequent employment or office requires the
filing of a statement under this section.
The statement must be made under affirmation.
(c) The statement shall set forth the following information for the
preceding calendar year or, in the case of a state officer or employee
who leaves office or employment, the period since a previous statement
was filed:
(1) The name and address of any person known:
(A) to have a business relationship with the agency of the state
officer or employee or the office sought by the candidate; and
(B) from whom the state officer, candidate, or the employee, or
that individual's spouse or unemancipated children received a
gift or gifts having a total fair market value in excess of one
hundred dollars ($100).
(2) The location of all real property in which the state officer,
candidate, or the employee or that individual's spouse or
unemancipated children has an equitable or legal interest either
amounting to five thousand dollars ($5,000) or more or
comprising ten percent (10%) of the state officer's, candidate's, or
the employee's net worth or the net worth of that individual's
spouse or unemancipated children. An individual's primary
personal residence need not be listed, unless it also serves as
income property.
(3) The names and the nature of the business of the employers of
the state officer, candidate, or the employee and that individual's
spouse.
(4) The following information about any sole proprietorship
owned or professional practice operated by the state officer,
candidate, or the employee or that individual's spouse:
(A) The name of the sole proprietorship or professional
practice.
(B) The nature of the business.
(C) Whether any clients are known to have had a business
relationship with the agency of the state officer or employee or
the office sought by the candidate.
(D) The name of any client or customer from whom the state
officer, candidate, employee, or that individual's spouse
received more than thirty-three percent (33%) of the state
officer's, candidate's, employee's, or that individual's spouse's
nonstate income in a year.
(5) The name of any partnership of which the state officer,
candidate, or the employee or that individual's spouse is a member
and the nature of the partnership's business.
(6) The name of any corporation (other than a church) of which
the state officer, candidate, or the employee or that individual's
spouse is an officer or a director and the nature of the
corporation's business.
(7) The name of any corporation in which the state officer,
candidate, or the employee or that individual's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000).
However, if the stock is held in a blind trust, the name of the
administrator of the trust must be disclosed on the statement
instead of the name of the corporation. A time or demand deposit
in a financial institution or insurance policy need not be listed.
(8) The name and address of the most recent former employer.
(9) Additional information that the person making the disclosure
chooses to include.
Any such state officer, candidate, or employee may file an amended
statement upon discovery of additional information required to be
reported.
(d) A person who:
(1) fails to file a statement required by rule or this section in a
timely manner; or
(2) files a deficient statement;
upon a majority vote of the commission, is subject to a civil penalty at
a rate of not more than ten dollars ($10) for each day the statement
remains delinquent or deficient. The maximum penalty under this
subsection is one thousand dollars ($1,000).
(e) A person who intentionally or knowingly files a false statement
commits a Class A infraction.
Formerly: Acts 1974, P.L.4, SEC.2. As amended by
P.L.12-1983, SEC.5; P.L.13-1987, SEC.9; P.L.9-1990, SEC.7;
P.L.3-1993, SEC.237; P.L.44-2001, SEC.3; P.L.14-2004, SEC.180;
P.L.222-2005, SEC.6; P.L.89-2006, SEC.9; P.L.23-2011, SEC.2;
P.L.219-2017, SEC.9; P.L.8-2019, SEC.8; P.L.43-2021, SEC.10;
P.L.9-2024, SEC.34.