8/6/2019 ALEC Private Attorney Retention Sunshine Act

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Private Attorney Retention SunshineAct

Section I. {Title]This act may be known as the Private Attorney Retention Sunshine Act.

Section 2. (Definitions)For the purposesof this Act, a contract in excessof $1 OOO,OOOs one in which the fee paid to anattorney or group of attorneys, either in the form of a flat, hourly, or contingent fee, and theirexpenses, xceedsor can be reasonably expected o exceed 5 1 000,OOO.

Section 3. {Procurement}Any stateagency or state agent hat wishes to retain a lawyer or law firm to perform legalserviceson behalfofthis state shall not do so until an open and competitive bidding processhasbeenundertaken.

Section 4. {Oversight)No stateagency or state agent shall enter into a contract for legal servicesexceeding one milliondollars ($1 OOO,OOO)ithout the opportunity for at least one hearing in the legislature on theterms of the legal contract n accordancewith Section 5.

Section 5. {Implementation)A. Per the requirement of {Section 4), any state agencyor state agent entering into a contract forlegal services n excessof $1,000,000 shall rile a copy of said proposed contract with the clerk ofthe House of Representatives,who, with the approval of the Presidentof the Senateand theSpeakerof the House of Representatives, hall refer such contract to the appropriate committee.

B. Within 30 days after such referral, said committee may hold a public hearing on said proposedcontract and shall issue a report to the referring state agency or agent. Said report shall includeany proposedchanges o the proposed contract voted upon by the committee. The stateagency orstate agent shall review said report and adopt a final contract as deemed appropriate n view ofsaid report and shah file with the clerk of the House of Representativests final contract.

C. lfthe proposedcontract does not contain the changesproposedby said committee, thereferring stateagency or agent ghall send a letter to said clerk accompanying he final contractstating he reasonswhy such proposed changeswere not adopted. Said clerk shall refer such etterand tinal regulations to the appropriate committee. Not earlier than 45 days after the filing of suchletter and final contract with said committee, the state agency or agent shall enter nto the finalcontract.

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8/6/2019 ALEC Private Attorney Retention Sunshine Act

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LD. If no proposedchanges o the proposed contract are made to the state agency or agent within60 days of the initial filing of the proposed regulation or any amendmentor repeal of suchregulation with the clerk of the House of Representatives,he state agency or agent may enter ntothe contract.

E. Nothing in this Act shall be construed o expand he authority of any state agency or agent oenter nto contracts where no such authority previously existed.

F. In the event that the legislature is not in sessionand the attorney generalwishes to executeacontract for legal services he Governor with the unanimous consentof,the Speakerof the House,and the Presidentof the Senate,may establish a five-member interim committee consisting of fivestate egislators, one each o be appointed by tbe Governor, the Speakerof the House, thePresident of the Senate,and the minority leader n each house of the legislature to execute heoversight duties as set forth in paragraphsB-E of thissection.

i. identical deadlinesand reporting responsibilities shall apply to the Attorney General and thisinterim committee as would apply to a standing committee of the legislature executing ts dutiesset forth in paragraphsB-E.

Section 6. {Contingent Fees}A. At the conclusion of any legal proceeding for which a state agencyor agent retained outsidecounsel on a contingent fee basis, he state shall receive from counsel a statementof the hoursworked on the case,expenses ncurred, the aggregate ee amount, and a breakdown as o thehourly rate, basedon hours worked divided into fee recovered, ess expenses.

B. In no caseshall the state ncur fees and expenses n excessof Sl,OOO er hour for legalservices. n caseswhere a disclosure submitted in accordancewith paragraph a) of this sectionindicates an hourly rate in excessof $1,000 per hour, the fee amount shall be reduced o anamount equivalent to $1,000 per hour.

(Severability Clause)(Repealer Clause){Effective Date)

Approved 01/11/99 by ALEC Board

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