Kentucky
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House Bill 281

Actions | Amendments
Last Action posted for passage for concurrence in Senate Committee Substitute and committee amendment (1-title)
Title AN ACT relating to government contracts.
Bill Documents Current/Final
Introduced
Bill Request Number 1153
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 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
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
Proposed Amendments House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Senate Committee Substitute 1
Senate Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
02/09/17
  • introduced in House
02/13/17
  • to Judiciary (H)
02/14/17
  • posted in committee
02/15/17
  • reported favorably, 1st reading, to Calendar
  • floor amendment (1) filed
02/16/17
  • 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
02/22/17
  • floor amendment (4) filed
02/24/17
  • floor amendment (5) filed
  • 3rd reading, passed 62-32 with floor amendment (5)
02/27/17
  • received in Senate
02/28/17
  • to Judiciary (S)
03/06/17
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/07/17
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/30/17
  • 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)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Sponsor D. Owens
Summary Remove prohibition on basing contingency fees on penalties and fines.
Index Headings 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
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

Amendment House Floor Amendment 2
Sponsor D. Owens
Summary Amend to remove the requirement that a legal services contractor cannot presently be engaged in litigation against the same defendant involving the same issue.
Index Headings 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
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

Amendment House Floor Amendment 3
Sponsor D. Owens
Summary Amend to remove requirement that documentation of expenses become part of the public record.
Index Headings 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
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

Amendment House Floor Amendment 4
Sponsor J. Nemes
Summary 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.
Index Headings 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
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

Amendment House Floor Amendment 5
Sponsor J. Nemes
Summary 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.
Index Headings 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
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

Amendment Senate Committee Substitute 1
Summary 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.
Index Headings 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
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

Amendment Senate Committee Amendment 1
Sponsor R. Stivers II
Summary Make title amendment.
Index Headings 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
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

Last updated: 1/16/2019 3:02 PM (EST)