2013 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 22. PUBLIC PURCHASING CHAPTER 1. APPLICATION
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IC 5-22 Version a
ARTICLE 22. PUBLIC PURCHASING
Note: This version of IC 5-22 added by P.L.49-1997, SEC.1. A
different version of IC 5-22, as added by P.L.19-1997, SEC.7, was
repealed by P.L.253-1997(ss), SEC.39, and re-enacted at IC 5-24 by
P.L.253-1997(ss), SEC.40.
IC 5-22-1
Chapter 1. Application
IC 5-22-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 3 of this chapter in the
2005 regular session of the general assembly apply only to a contract
entered into or renewed after May 6, 2005.
As added by P.L.220-2011, SEC.100. Amended by P.L.13-2013,
SEC.10.
IC 5-22-1-1
Applicability of article
Sec. 1. Except as provided in this chapter, this article applies to
every expenditure of public funds by a governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-1-2
Nonapplicability of article
Sec. 2. Except as provided in this article, this article does not
apply to the following:
(1) The commission for higher education.
(2) A state educational institution. However, IC 5-22-5-9 and
IC 5-22-15 apply to a state educational institution.
(3) Military officers and military and armory boards of the state.
(4) An entity established by the general assembly as a body
corporate and politic. However, IC 5-22-15 applies to a body
corporate and politic.
(5) A local hospital authority under IC 5-1-4.
(6) A municipally owned utility under IC 8-1-11.1 or IC 8-1.5.
(7) Hospitals established and operated under IC 16-22-1
through IC 16-22-5, IC 16-22-8, IC 16-23-1, or IC 16-24-1.
(8) A library board under IC 36-12-3-16(b).
(9) A local housing authority under IC 36-7-18.
(10) Tax exempt Indiana nonprofit corporations leasing and
operating a city market owned by a political subdivision.
(11) A person paying for a purchase or lease with funds other
than public funds.
(12) A person that has entered into an agreement with a
governmental body under IC 5-23.
(13) A municipality for the operation of municipal facilities
used for the collection, treatment, purification, and disposal in
a sanitary manner of liquid and solid waste, sewage, night soil,
and industrial waste.
(14) The department of financial institutions established by
IC 28-11-1-1.
(15) The insurance commissioner in retaining an examiner for
purposes of IC 27-1-3.1-9.
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.82;
P.L.184-2005, SEC.2; P.L.19-2007, SEC.1; P.L.213-2007, SEC.3;
P.L.217-2007, SEC.3; P.L.11-2011, SEC.2.
IC 5-22-1-3
Excluded items; exceptions
Sec. 3. (a) Except as provided in subsection (b), this article does
not apply to the following types of activities:
(1) A contract between governmental bodies except for a
contract authorized under this article.
(2) A public works project.
(3) A collective bargaining agreement between a governmental
body and its employees.
(4) The employment relationship between a governmental body
and an employee of the governmental body.
(5) An investment of public funds.
(6) A contract between a governmental body and a body
corporate and politic.
(7) A contract for social services.
(8) A contract with a body corporate and politic.
(b) IC 5-22-3-7 applies to any:
(1) contract;
(2) project;
(3) agreement;
(4) employment relationship; or
(5) investment;
described in subsection (a).
As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.1
and P.L.222-2005, SEC.24.
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