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Statutes > Indiana > Title5 > Ar22 > Ch1

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 A different version of IC 5-22, as added by P.L.19-1997, SEC.7, was repealed by P.L.253-1997(ss), SEC.39, and re-enacted at IC 5-24 by P.L.253-1997(ss), SEC.40.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.