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.