| Last Action | 04/02/18: signed by Governor (Acts, ch. 87) | 
|---|---|
| Title | AN ACT relating to government contracts. | 
| Bill Documents | Current/Final Introduced | 
| Bill Request Number | 1099 | 
| Sponsors | J. Nemes, J. Gooch Jr. | 
| Summary of Original Version | 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. | 
| Index Headings of Original Version | Attorney General - Contingency fee legal services contracts, requirements to award Attorneys - Contingency fee legal services contracts, Attorney General award requirements Contracts - Contingency fee legal services, Attorney General award of General Assembly - Government Contract Review Committee, legal services contracts, Attorney General, report on Purchasing - Contingency fee legal services contracts, Attorney General award requirements State Agencies - Finance and Administration Cabinet, contingency fee legal services contracts, Web site posting of State Agencies - Finance and Administration Cabinet, Government Contract Review Committee, report to | 
| Jump to Proposed Amendments | House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 House Floor Amendment 8 House Floor Amendment 9 House Floor Amendment 10 House Floor Amendment 11 House Floor Amendment 12 Senate Committee Substitute 1 | 
| Votes | Vote History | 
| 01/16/18 | 
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| 01/18/18 | 
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| 01/22/18 | 
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| 01/31/18 | 
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| 02/01/18 | 
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| 02/02/18 | 
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| 02/05/18 | 
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| 02/07/18 | 
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| 02/08/18 | 
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| 02/15/18 | 
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| 02/16/18 | 
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| 02/20/18 | 
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| 03/15/18 | 
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| 03/16/18 | 
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| 03/19/18 | 
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| 03/20/18 | 
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| 03/22/18 | 
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| 03/27/18 | 
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| 04/02/18 | 
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| Amendment | House Floor Amendment 1 | 
|---|---|
| Sponsor | J. Nemes | 
| Summary | Amend to apply to all state agencies and constitutional officers, rather than only the Attorney General's office; remove Sections 2 and 3 to conform and renumber subsequent sections. | 
| Index Headings | Attorney General - Contingency fee legal services contracts, requirements to award Purchasing - Contingency fee legal services contracts, state government bodies, award requirements State Agencies - Finance and Administration Cabinet, contingency fee legal services contracts, Web site posting of State Agencies - Finance and Administration Cabinet, Government Contract Review Committee, report to State Agencies - Contingency fee legal services contracts, requirements to award Agriculture - Commissioner of, contingency fee legal services contracts, requirements to award Auditor of Public Accounts - Contingency fee legal services contracts, requirements to award Lieutenant Governor - Contingency fee legal services contracts, requirements to award Secretary of State - Contingency fee legal services contracts, requirements to award Treasurer - Contingency fee legal services contracts, requirements to award Attorneys - Contingency fee legal services contracts, state government bodies, award requirements Contracts - Contingency fee legal services contracts, state government bodies, award requirements General Assembly - Government Contract Review Committee, legal services contracts, Attorney General, report on | 
| Amendment | House Floor Amendment 2 | 
|---|---|
| Sponsor | C. Harris | 
| Summary | Remove requirement for the Governor's approval over contracts for legal services entered into by the Attorney General by removing references to KRS 12.210. | 
| Index Headings | Attorney General - Contracts for legal services, approval process Attorneys - Contracts for legal services, Attorney General's office, approval process Governor - Contracts for legal services, approval process | 
| Amendment | House Floor Amendment 3 | 
|---|---|
| Sponsor | A. Hatton | 
| Summary | Amend to add state government program cabinets to the existing provisions; specify that information subject to an evidentiary privilege is to be redacted before disclosure. | 
| Index Headings | Public Records and Reports - Redaction, contingency fee legal services contracts State Agencies - Contingency fee legal services contracts, requirements to award | 
| Amendment | House Floor Amendment 4 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Add delayed effective date of January 6, 2020. | 
| Index Headings | Effective Dates, Delayed - Contingency fee legal service contracts, January 6, 2020 | 
| Amendment | House Floor Amendment 5 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Add delayed effective date of January 6, 2020. | 
| Index Headings | Effective Dates, Delayed - Contingency fee legal service contracts, January 6, 2020 | 
| Amendment | House Floor Amendment 6 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Amend to exclude legal actions regarding opioids. | 
| Index Headings | Attorney General - Contingency fee legal service contracts, exclude opioid actions | 
| Amendment | House Floor Amendment 7 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Amend to exclude legal actions regarding opioids. | 
| Index Headings | Attorney General - Contingency fee legal service contracts, exclude opioid actions | 
| Amendment | House Floor Amendment 8 | 
|---|---|
| Sponsor | C. Harris | 
| Summary | Add a new section of Chapter 45A to prohibit "golden parachute" payments contingent on the termination of a personal services contract. | 
| Index Headings | Contracts - Early termination, prohibit payment for State Agencies - Contracts, early termination, prohibit payment for | 
| Amendment | House Floor Amendment 9 | 
|---|---|
| Sponsor | C. Harris | 
| Summary | Add a new section of KRS Chapter 45A to prohibit "golden parachute" payments contingent on the termination of a personal services contract. | 
| Index Headings | Contracts - Early termination, prohibit payment for State Agencies - Contracts, early termination, prohibit payment for | 
| Amendment | House Floor Amendment 10 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Keep original provisions of HFA 1, except add delayed effective date of January 6, 2020. | 
| Index Headings | Effective Dates, Delayed - Contingency fee legal service contracts, January 6, 2020 | 
| Amendment | House Floor Amendment 11 | 
|---|---|
| Sponsor | J. Kay | 
| Summary | Keep original provisions of HFA 1, except amend to exclude legal actions regarding opioids. | 
| Index Headings | State Agencies - Contingency fee legal service contracts,opioid actions, exclusion of | 
| Amendment | House Floor Amendment 12 | 
|---|---|
| Sponsor | C. Harris | 
| Summary | Keep original provisions of HFA 1, except add a new section of KRS Chapter 45A to prohibit "golden parachute" payments contingent on the termination of a personal services contract. | 
| Index Headings | Contracts - Early termination, payment for, prohibition State Agencies - Contracts, early termination, payment for, prohibition | 
| Amendment | Senate Committee Substitute 1 | 
|---|---|
| Summary | Create a new section of KRS 45A.690 to 45A.725 to establish standards and rules for state agencies to award contingency fee personal service contracts for legal services; require 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 agencies to submit a report on all contingency fee contracts to the Government Contract Review Committee by September 1 of each year; amend KRS 48.005 to specify that the Kentucky Model Procurement Code under KRS Chapter 45A applies to funds recovered in legal actions on behalf of the public; amend KRS 454A.020 to specify that payment by contingency fee falls under the Model Procurement Code; amend KRS 45A.030 to conform; amend KRS 15.100 to specify that contracts made by the Attorney General for legal services are subject to the Model Procurement Code. | 
| Index Headings | Attorney General - Contingency fee legal services contracts, requirements to award Attorneys - Contingency fee legal services contracts, Attorney General award requirements Contracts - Contingency fee legal services, Attorney General award of General Assembly - Government Contract Review Committee, legal services contracts, Attorney General, report on Purchasing - Contingency fee legal services contracts, Attorney General award requirements State Agencies - Finance and Administration Cabinet, contingency fee legal services contracts, Web site posting of State Agencies - Finance and Administration Cabinet, Government Contract Review Committee, report to | 
            Last updated: 9/1/2020 2:57 PM (EDT) 
            
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