House Bill 198

Actions | Amendments
Last Action 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
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

Actions

Top | Amendments
01/16/18
  • introduced in House
01/18/18
  • to Judiciary (H)
01/22/18
  • posted in committee
01/31/18
  • reported favorably, 1st reading, to Calendar
02/01/18
  • 2nd reading, to Rules
02/02/18
  • floor amendments (1), (2) and (3) filed
02/05/18
  • floor amendments (4) and (6) filed to HFA 1 and floor amendments (5) and (7) filed to the Bill
02/07/18
  • posted for passage in the Regular Orders of the Day for Thursday, February 8, 2018
  • floor amendment (8) filed to HFA 1 and floor amendment (9) filed to Bill
02/08/18
  • floor amendments (10), (11), and (12) filed to Committee Substitute
02/15/18
  • 3rd reading
  • floor amendments (8) and (9) ruled out of order
  • floor amendments (4) and (6) defeated
  • passed 52-40 with floor amendment (1)
02/16/18
  • received in Senate
02/20/18
  • to Judiciary (S)
03/15/18
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
03/16/18
  • 2nd reading, to Rules
03/19/18
  • posted for passage in the Consent Orders of the Day for Monday, March 19, 2018
  • taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
  • 3rd reading, passed 26-12 with Committee Substitute (1)
03/20/18
  • received in House
  • to Rules (H)
03/22/18
  • taken from Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute
  • House concurred in Senate Committee Substitute
  • passed 57-36
  • enrolled, signed by Speaker of the House
03/27/18
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/02/18
  • signed by Governor (Acts, ch. 87)

Proposed Amendments

Top | Actions
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
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

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 - 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

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 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

Amendment House Floor Amendment 4
Sponsor J. Kay
Summary Add delayed effective date of January 6, 2020.
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

Amendment House Floor Amendment 5
Sponsor J. Kay
Summary Add delayed effective date of January 6, 2020.
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

Amendment House Floor Amendment 6
Sponsor J. Kay
Summary Amend to exclude legal actions regarding opioids.
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

Amendment House Floor Amendment 7
Sponsor J. Kay
Summary Amend to exclude legal actions regarding opioids.
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

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 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

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 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

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 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

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 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

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 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

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: 1/16/2019 3:00 PM (EST)