House File 563 S-5051 Amend House File 563, as passed by the House, as 1 follows: 2 1. Page 1, by striking lines 1 through 30 and 3 inserting: 4 < Section 1. Section 13.7, Code Supplement 2011, is 5 amended to read as follows: 6 13.7 Special counsel. 7 1. Compensation shall not be allowed to any 8 person for services as an attorney or counselor to an 9 executive department of the state government, or the 10 head of an executive department of state government, or 11 to a state board or commission. However, the executive 12 council may authorize employment of legal assistance, 13 at a reasonable compensation, in a pending action or 14 proceeding to protect the interests of the state, but 15 only upon a sufficient showing, in writing, made by the 16 attorney general, that the department of justice cannot 17 for reasons stated by the attorney general perform the 18 service. The reasons and action of the council shall 19 be entered upon its records. If the attorney general 20 determines that the department of justice cannot 21 perform legal service in an action or proceeding, the 22 executive council shall request the department involved 23 in the action or proceeding to recommend legal counsel 24 to represent the department. If the attorney general 25 concurs with the department that the person recommended 26 is qualified and suitable to represent the department, 27 the person recommended shall be employed. If the 28 attorney general does not concur in the recommendation, 29 the department shall submit a new recommendation. This 30 section subsection does not affect the general counsel 31 for the utilities board of the department of commerce, 32 the legal counsel of the department of workforce 33 development, or the general counsel for the property 34 assessment appeal board. 35 2. The executive branch and the attorney general 36 shall also comply with chapter 23B when retaining legal 37 counsel on a contingency fee basis under this section, 38 as appropriate. > 39 2. Page 2, by striking lines 32 and 33 and 40 inserting < basis, unless the attorney general 41 determines that the procurement process is not feasible 42 under the circumstances and sets > 43 3. Page 2, by striking line 35 and inserting: 44 < 3. a. Except as provided in paragraph “c” , the 45 state shall not enter into a contingency fee > 46 4. Page 3, line 5, after < dollars > by inserting < , 47 exclusive of reasonable costs and expenses > 48 5. Page 3, line 8, after < dollars > by inserting < , 49 exclusive of reasonable costs and expenses > 50 -1- HF563.4724 (3) 84 rh/nh 1/ 2 #1. #2. #3. #4.
6. Page 3, line 11, after < dollars > by inserting < , 1 exclusive of reasonable costs and expenses > 2 7. Page 3, line 14, after < dollars > by inserting < , 3 exclusive of reasonable costs and expenses > 4 8. Page 3, line 16, after < dollars > by inserting < , 5 exclusive of reasonable costs and expenses > 6 9. Page 3, by striking lines 23 and 24 and 7 inserting < executive council of the aggregate 8 contingency fee limits in paragraphs “a” and “b” if the 9 attorney general provides a thirty-day > 10 10. Page 4, line 11, by striking < attend > and 11 inserting < participate in > 12 11. By striking page 4, line 33, through page 13 5, line 3, and inserting < copying upon request in 14 accordance with chapter 22. > 15 12. By renumbering as necessary. 16 ______________________________ COMMITTEE ON JUDICIARY EUGENE S. FRAISE, CHAIRPERSON -2- HF563.4724 (3) 84 rh/nh 2/ 2 #6. #7. #8. #9. #10. #11. #12.