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HB 281 (BR 1153) - J. Nemes, J. Gooch Jr.

     AN ACT relating to government contracts.
     Create a new section of KRS 45A.690 to 45A.725 to establish standards and rules for the Attorney General when awarding contingency fee personal service contracts for legal services; require the Attorney General to make written findings of the need for a contingency fee contract; set limits on the amount of the contingency fee; require the Finance and Administration Cabinet to post information regarding the contract on its Web site; require the contractor to maintain certain records; require the Finance and Administration Cabinet and the Attorney General to submit a report on all contingency fee contracts to the Government Contract Review Committee by September 1 of each year; amend KRS 45A.695 to require the Attorney General to participate in discussions with contingency fee offerors to determine their qualifications; amend KRS 15.100 to conform.


AMENDMENTS

     HFA1( D. Owens ) - Remove prohibition on basing contingency fees on penalties and fines.
     HFA2( D. Owens ) - Amend to remove the requirement that a legal services contractor cannot presently be engaged in litigation against the same defendant involving the same issue.
     HFA3( D. Owens ) - Amend to remove requirement that documentation of expenses become part of the public record.
     HFA4( J. Nemes ) - Amend to allow legal services contractors with states or US territories as clients to be awarded contracts in substantially related suits, as contrasted with contractors who have private clients; increase contingency fee cap to $20 million; include penalty and fine amounts in the contingency fee base; specify that documentation becomes subject to open records law after judgment or settlement is entered.
     HFA5( J. Nemes ) - Amend to remove the requirement that a legal services contractor cannot presently be engaged in litigation against the same defendant involving the same issue; increase contingency fee cap to $20 million; include penalty and fine amounts in the contingency fee base; specify that documentation becomes subject to open records law after judgment or settlement is entered.
     SCS1 - Keep original provisions; amend KRS 15.100 in Section 3 of the original bill to require legal services contracts which do not involve a contingency fee to conform with the contract review process in KRS 45A.690 to 45A.725; create a new section of KRS Chapter 11 to give the Governor, through attorneys designated by the Governor, exclusive authority to file amicus briefs for Kentucky, except that members of General Assembly and constitutional officers may seek leave to file amicus briefs; amend KRS 418.075 to require notice to the Office of the Governor regarding constitutional challenges to statutes; amend KRS 15.020 to conform; EMERGENCY.
     SCA1( R. Stivers II ) - Make title amendment.

     Feb 09, 2017 - introduced in House
     Feb 13, 2017 - to Judiciary (H)
     Feb 14, 2017 - posted in committee
     Feb 15, 2017 - reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Feb 16, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 23, 2017; floor amendments (2) and (3) filed
     Feb 22, 2017 - floor amendment (4) filed
     Feb 24, 2017 - floor amendment (5) filed; 3rd reading, passed 62-32 with floor amendment (5)
     Feb 27, 2017 - received in Senate
     Feb 28, 2017 - to Judiciary (S)
     Mar 06, 2017 - taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Mar 07, 2017 - taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
     Mar 30, 2017 - reported favorably, to Rules with committee amendment (1-title) and Committee Substitute; posted for passage in the Regular Orders of the Day for Thursday, March 30, 2017; 3rd reading, passed 26-12 with Committee Substitute and committee amendment (1-title); received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute and committee amendment (1-title)