§ 21-1-403 - Restrictions on lease agreements, contracts, and grants.
21-1-403. Restrictions on lease agreements, contracts, and grants.
(a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless:
(1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative:
(A) Determination of specifications for the bid or request for proposal;
(B) Evaluation or consideration of bid or request for proposal; or
(C) Decision to accept the bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer:
(1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, receives prior approval from:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(c) (1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to 19-11-1001 -- 19-11-1011.
(2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from 19-11-1001 -- 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.
(d) The restrictions of subsections (a) and (b) of this section also apply to spouses of constitutional officers and to any corporation, limited liability company, partnership, or any other legal entity of which a constitutional officer or the constitutional officer's spouse has an ownership interest of at least ten percent (10%).
(e) If a constitutional officer, a constitutional officer's spouse, or an entity listed in subsection (d) of this section becomes the recipient of a grant, contract, or lease through competitive bidding or a request for proposal, the awarding state agency shall give written notice of the selection of the constitutional officer, constitutional officer's spouse, or entity to:
(1) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(2) The Governor.
(f) Grants, contracts, and leases entered into prior to the person's becoming a constitutional officer are not subject to the provisions of this section, but renewals and extensions of those grants, contracts, and leases are subject to the provisions of this section.