Amend House File 563, as passed by the House, as follows:
   1.  Page 1, by striking lines 1 through 30 and inserting: 
   Section 1.  Section 13.7, Code Supplement 2011, is amended to read as follows:
   13.7  Special counsel.
   1.  Compensation shall not be allowed to any person for services as an attorney or counselor to an executive department of the state government, or the head of an executive department of state government, or to a state board or commission. However, the executive council may authorize employment of legal assistance, at a reasonable compensation, in a pending action or proceeding to protect the interests of the state, but only upon a sufficient showing, in writing, made by the attorney general, that the department of justice cannot for reasons stated by the attorney general perform the service. The reasons and action of the council shall be entered upon its records. If the attorney general determines that the department of justice cannot perform legal service in an action or proceeding, the executive council shall request the department involved in the action or proceeding to recommend legal counsel to represent the department. If the attorney general concurs with the department that the person recommended is qualified and suitable to represent the department, the person recommended shall be employed. If the attorney general does not concur in the recommendation, the department shall submit a new recommendation. This section
 
subsection does not affect the general counsel for the utilities board of the department of commerce, the legal counsel of the department of workforce development, or the general counsel for the property assessment appeal board.
   2.  The executive branch and the attorney general shall also comply with chapter 23B when retaining legal counsel on a contingency fee basis under this section, as appropriate.>
   2.  Page 2, by striking lines 32 and 33 and inserting <basis, unless the attorney general determines that the procurement process is not feasible under the circumstances and sets>
   3.  Page 2, by striking line 35 and inserting: 
   <3.
  a.  Except as provided in paragraph “c”, the state shall not enter into a contingency fee>
   4.  Page 3, line 5, after <dollars> by inserting <, exclusive of reasonable costs and expenses>
   5.  Page 3, line 8, after <dollars> by inserting <, exclusive of reasonable costs and expenses>
   6.  Page 3, line 11, after <dollars> by inserting <, exclusive of reasonable costs and expenses>
   7.  Page 3, line 14, after <dollars> by inserting <, exclusive of reasonable costs and expenses>
   8.  Page 3, line 16, after <dollars> by inserting <, exclusive of reasonable costs and expenses>
   9.  Page 3, by striking lines 23 and 24 and inserting <executive council of the aggregate contingency fee limits in paragraphs “a” and “b” if the attorney general provides a thirty-day>
   10.  Page 4, line 11, by striking <attend> and inserting <participate in>
   11.  By striking page 4, line 33, through page 5, line 3, and inserting <copying upon request in accordance with chapter 22.>
   12.  By renumbering as necessary.