Contract disclosure requirements

Sec. 5. (a) A unit may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with: (1) an individual who is a relative of an elected official; or (2) a business entity that is wholly or partially owned by a relative of an elected official; only if the requirements of this section are satisfied and the elected official does not violate IC 35-44.1-1-4. (b) A unit may enter into a contract or renew a contract with an individual or business entity described in subsection (a) if: (1) the elected official files with the unit a full disclosure, which must: (A) be in writing; (B) describe the contract or purchase to be made by the unit; (C) describe the relationship that the elected official has to the individual or business entity that contracts or purchases; (D) be affirmed under penalty of perjury; (E) be submitted to the legislative body of the unit and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase; and (F) be filed, not later than fifteen (15) days after final action on the contract or purchase, with: (i) the state board of accounts; and (ii) the clerk of the circuit court in the county where the unit takes final action on the contract or purchase; (2) the appropriate agency of the unit: (A) makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or (B) makes a certified statement of the reasons why the vendor or contractor was selected; and (3) the unit satisfies any other requirements under IC 5-22 or IC 36-1-12. (c) An elected official shall also comply with the disclosure provisions of IC 35-44.1-1-4, if applicable. (d) This section does not affect the initial term of a contract in existence at the time the term of office of the elected official of the unit begins.