Definitions.

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As used in this article, unless the context otherwise requires:

  1. (Deleted by amendment, L. 2008, p. 736, § 1, effective May 13, 2008.)

  2. "Contractor" means a person having a public contract for services with a state agencyor political subdivision of the state.

  3. "Department" means the department of labor and employment.

(3.3) "Department program" means the employment verification program established pursuant to section 8-17.5-102 (5)(c).

(3.7) "E-verify program" means the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended, and jointly administered by the United States department of homeland security and the social security administration, or its successor program.

  1. "Executive director" means the executive director of the department of labor andemployment.

(4.5) "Newly hired for employment" means hired to work in the United States since the effective date of the public contract for services.

  1. "Political subdivision" means any city, county, city and county, town, special district,school district, local improvement district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

  2. (a) "Public contract for services" means any type of agreement, regardless of what the agreement may be called, between a state agency or political subdivision and a contractor for the procurement of services.

(b) "Public contract for services" does not include:

(I) Agreements relating to the offer, issuance, or sale of securities, including but not limited to agreements pertaining to:

  1. Underwriting, marketing, remarketing, paying, transferring, rating, or registering securities; or

  2. The provision of credit enhancement, liquidity support, interest rate exchanges, ortrustee or financial consulting services in connection with securities;

  1. Agreements for investment advisory services or fund management services;

  2. Any grant, award, or contract funded by any federal or private entity for any research or sponsored project activity of an institution of higher education or an affiliate of an institution of higher education that is funded from moneys that are restricted by the entity under the grant, award, or contract. For purposes of this subparagraph (III), "sponsored project" means an agreement between an institution of higher education and another party that provides restricted funding and requires oversight responsibilities for research and development or other specified programmatic activities that are sponsored by federal or private agencies and organizations.

  3. Intergovernmental agreements; or

  4. Agreements for information technology services or products and services.

  1. "Services" means the furnishing of labor, time, or effort by a contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance.

  2. "State agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government.

Source: L. 2006: Entire article added, p. 1694, § 1, effective August 7. L. 2008: (1), (5) and (6) amended and (3.3), (3.7), and (4.5) added, p. 736, § 1, effective May 13.


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