Kansas HB 2593: Sales tax exemption for friends of JCDS, inc.

Bill Text

HOUSE BILL No. 2593
AN ACT concerning contingent fee contracts for legal services; relating to contracts
entered into for legal services by a political subdivision; requiring an open meeting
before a political subdivision may approve such a contract; requiring the attorney
general to approve such contract before such contract becomes effective; requiring
the attorney general to submit a report to the legislature regarding contracts that are
not approved; providing for the expiration of the section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) A political subdivision may only enter into a
contingent fee contract for legal services if the governing body of the
political subdivision:
(1) Calls a meeting for the purpose of considering the contract and
provides, in the notice or agenda of the meeting issued pursuant to
K.S.A. 75-4318, and amendments thereto, the:
(A) Reasons for pursuing the matter that is the subject of the legal
services of which the attorney or law firm would be retained and the
desired outcome of pursuing the matter;
(B) qualifications, experience and competence of the attorney or
law firm selected or considered for selection by the governing body;
(C) nature of any relationship, regardless of how short, between
the political subdivision or governing body and the attorney or law firm
that is a party to the contract;
(D) reasons the legal services cannot be adequately performed by
the attorneys and supporting personnel of the political subdivision;
(E) reasons the legal services cannot be reasonably obtained from
attorneys under a contract providing for an hourly rate payment
structure as opposed to a contingency fee structure; and
(F) reasons entering into a contingent fee contract for legal
services is in the best interest of the residents of the political
subdivision;
(2) makes a finding, in writing, that:
(A) It is in the best interest of the residents of the political
subdivision to contract for the legal services or there is a substantial
need for the legal services that are the subject of the contingent fee
contract;
(B) the legal services cannot be adequately performed by the
attorneys and supporting personnel of the political subdivision; and
(C) the legal services cannot reasonably be obtained from
attorneys under a contract providing for an hourly rate payment
structure because the nature of the legal matter that is the subject of the
contract or the political subdivision does not have the funds necessary
or would pay substantially more for the legal services provided under a
contract providing for an hourly rate payment structure; and
(3) approves the contract in an open meeting after discussion and
consideration of the items described in paragraph (1).
(b) (1) Before a contingency fee contract for legal services
approved by a political subdivision pursuant to subsection (a) is
effective and enforceable, the political subdivision shall obtain
approval of the contract by the attorney general. The political
subdivision shall provide to the attorney general:
(A) A copy of the proposed contract;
(B) a description of the legal matter that is the subject of the
proposed contract;
(C) a copy of the notice and agenda issued pursuant to subsection
(a)(1), the date such notice was issued and a description of the method
for providing such notice; and
(D) a copy of the written findings made pursuant to subsection (a)
(2).
(2) Within 45 days after the political subdivision has provided the
attorney general with the information described in paragraph (1), the

HOUSE BILL No. 2593—page 2
attorney general shall:
(A) Approve the contract and, if the request involves a matter of
purely local concern that does not implicate any statewide interest, shall
do so promptly; or
(B) refuse to approve the contract for one of the following
reasons:
(i) The legal matter that is the subject of the contract presents one
or more questions of law or fact that are in common with a lawsuit,
demand or settlement asserting or resolving claims that the state has
already addressed or is pursuing in court;
(ii) the legal matter involves claims or issues that are more
appropriately within the scope of state enforcement and the pursuit of
the matter independently by the political subdivision could lead to
inconsistent legal outcomes or undermine the state's unified position; or
(iii) the contract does not comply with the Kansas rules of
professional conduct for attorneys adopted by the Kansas supreme
court.
(3) If the attorney general refuses to approve the contract, the
attorney general shall provide notice to the political subdivision in
writing with a detailed explanation of the reason for refusing to approve
the contract.
(4) If the attorney general has not taken action and provided the
political subdivision notice of such action on a contract pursuant to
paragraph (2) within 45 days after receipt of such notice, such contract
shall be deemed approved.
(5) All information and records made, m