CHAPTER 1. APPLICATION

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repealed by P.L.253-1997(ss), SEC.39, and re-enacted at IC 5-24 by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 5-22-1-1

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.

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.

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.