August 25, 2017

Indiana Legislature Eliminates Buy Local Preference for Public Works Projects

Written By

J. Herbert Davis
Member, Stoll Keenon Ogden PLLC

The Indiana Legislature has repealed the “local Indiana business” preference for public works projects in the State of Indiana (formerly found at Indiana Code 36-1-12-22).  This preference for local Indiana businesses was just passed by the Indiana Legislature twelve months ago. 

House Enrolled Act 1154 was the legislation that was passed by the Indiana Legislature to repeal the “buy local” preference.  House Enrolled Act 1154 was signed into law by Governor Mitch Daniels on February 29, 2012.  The repeal became effective on July 1, 2012.

Although the price preference for public works projects was eliminated by this new legislation, political subdivisions are still granted the right to give a preference to a “local Indiana business” when purchasing supplies or equipment.  Based on this amended legislation found in Indiana Code 5-22-15-20.9, it is now up to the political subdivision to determine whether it is going to apply this price preference for the purchase of supplies and equipment when it issues its solicitation for such items.

 

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