1998 Session

Budget Amendments - SB30 (Conference Report)

View Budget Item
View Budget Item amendments

Clarifications: Public/Private Partnership Proj. (language only)

Item 291 #1c

Item 291 #1c

Taxation, Department of

Page 188, line 17, after "needs" insert:
"and related goods and services.  Compensation for all goods and services to be provided under a contract shall be paid exclusively from increased revenue, including, without limitation, denied refunds and reduced interest on refunds attributable to the revenue generating portion of the goods and services provided by the contractor, and need not otherwise be computed with reference to such increased revenue".
Page 188, line 26, after "shall" insert "annually or more frequently".
Page 188, line 31, after "deposit" insert "annually or more frequently".
Page 188, line 37, strike "remaining after such" and insert:
"in excess of potential payment obligations under a contract".
Page 188, line 38, strike "payment".

(This amendment is suggested by the Office of the Attorney General to remedy drafting problems discovered with the original language authorizing the Department's Public/Private Partnership Project. First, it clarifies that contracts may provide for both technology and goods and services "related to the technology," to include training and other support services. Second, it makes clear that compensation to a contractor may be for a fixed price and need not be solely a function of additional revenue as implied by statutory language stating "compensation shall be computed with reference to increased revenue." Third, it clarifies that the Tax Commissioner may make determinations on the revenue attributed to the technology projects annually (as required by the statute) or more frequently, if necessary. Fourth, it clarifies that the term "increased revenue" may include denied refunds and reduced interest paid on refunds.)