Ind. Code ch. 5-22-1

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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. (16) The department of natural resources for the procurement of supplies purchased for resale at properties owned or managed by the department of natural resources. (17) The Indiana horse racing commission in making an expenditure under IC 4-31-3-15(b). (18) An entity that has entered into a memorandum of understanding with the department of education under IC 20-20.5-11-2(a)(2). 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; P.L.155-2015, SEC.3; P.L.268-2017, SEC.38; P.L.140-2022, SEC.1; P.L.74-2026, SEC.3.

Ind. Code § 5-22-1-3 Excluded items; exceptions

Sec. 3. (a) Except as provided in subsections (b) and (c), 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). (c) IC 5-22-15-26 applies to any proposal, contract, project, or agreement of the Indiana department of transportation, including any proposal, contract, project, or agreement obtained, entered into in accordance with, or otherwise covered by IC 8-23-9 to the extent that the bid does not exceed the estimated cost of the project. As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.1 and P.L.222-2005, SEC.24; P.L.213-2025, SEC.67.