§ 19-11-1004 — Restrictions on contracts

(a) No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (b) No contract shall be approved that would be in violation of § 19-4-701 et seq. relating to expenditures. (c) (1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403 . (2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education. (3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education. (d) No director or any other department head of any state agency shall receive additional compensation under this subchapter. (e) (1) Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited. (2) However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under § 25-4-112 for which professional services contracts may be used.

Legislative History

Amended by Act 2023, No. 786,§ 36, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2277, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 6, eff. 7/1/2017. Acts 2003, No. 1315, § 13.