§ 24-17-202 — Legislative declaration

(1) The general assembly hereby finds
and declares that:

(a) Under certain circumstances, contingency-based contracts can benefit
the state by reducing state agencies' fixed contractual costs and linking state
agency expenditures to the achievement of desired results, but contingency-based
contracts can also have unintended adverse consequences that impact state
finances in ways that a contracting state agency might not foresee.

(b) Contracting is a function of the executive branch of state government,
but the power to appropriate state moneys is a legislative function, and it is
necessary and appropriate to provide limited legislative guidance to the executive
branch regarding contingency-based contracts in order to protect state finances
and the appropriations process from possible unintended adverse effects of
contingency-based contracts.

(2) The general assembly further finds and declares that:

(a) Existing statutes expressly authorize certain state agencies to enter into
contingency-based contracts in specified circumstances, and these statutes reflect
the considered judgment of the general assembly that contingency-based
contracts are appropriate in those circumstances. It is not the intent of the general
assembly to subject contingency-based contracts entered into pursuant to specific
statutory authorization to the requirements of this part 2.

(b) Because the office of state planning and budgeting is the executive
branch agency that makes state economic forecasts for the executive branch and
oversees the participation of the executive branch in the state budgeting process, it
is the state agency best suited to determine, in accordance with the guidelines set
forth in this part 2, whether a contingency-based contract not expressly authorized
by statute is appropriate.

Legislative History

Source: L. 2004: Entire part added, p. 1124, � 1, effective May 27.