75-37,135. Same; legal services; submission to legislative budget committee, when; contingency fees, factors to consider. (a) (1) Prior to entering a contract for legal services where the amount of the fees paid to an attorney or firm of attorneys reasonably may exceed $1,000,000, the director of purchases shall submit the proposed request for proposal to the legislative budget committee. Within 30 days after submission of such request for proposal, the committee may hold a public hearing on the proposed request for proposal and shall issue a report to the director of purchases. The report shall include any proposed changes to the proposed request for proposal suggested by the committee. The committee is not authorized to waive the evidentiary privileges of the state, or any of the persons or entities that state attorneys are representing or acting in concert with in any litigation or anticipated litigation. The committee, the director of purchases and their employees shall take all reasonable steps to protect such privileges. The director of purchases shall review the report and adopt a final request for proposal as deemed appropriate in view of the report and shall file the final request for proposal with the legislative budget committee.
(2) If the proposed request for proposal does not contain the changes proposed by the committee, the director of purchases shall submit with the final request for proposal a letter stating the reasons why such proposed changes were not adopted. The director of purchases shall not release the final request for proposal until at least 10 days after the date of submission of the final request for proposal to the legislative budget committee.
(3) If the legislative budget committee makes no suggested changes to the proposed request for proposal or fails to report any suggested changes within 60 days of the submission of the proposed request for proposal to such committee, the director of purchases may release the request for proposal.
(b) After awarding a contract for legal services where the amount of the fees paid to an attorney or firm of attorneys reasonably may exceed $1,000,000, the director of purchases shall submit the contract to the legislative budget committee. Within 30 days after submission of such contract, the committee may hold a public hearing on the contract and shall issue a report to the director of purchases. The report shall include any concerns of the committee.
(c) The provisions of this section shall not apply in any action in which the state of Kansas or any state agency, officer or employee is a defendant and a contract for legal services is to be entered. The director of purchases shall prepare a report each calendar quarter while such legal proceeding is in progress. Such report shall include the case citation and the date upon which the action was filed. The director of purchases shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.
(d) The director of purchases shall prepare a detailed report at least once in each calendar quarter of each legal proceeding which has been completed and for which a contingency fee arrangement was entered. Such report shall disclose the hours worked on the case, the expenses incurred, the aggregate fee amount and a breakdown as to the hourly rate, based on hours worked divided into fee recovered, less expenses. The director of purchases shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.
(e) Reasonable attorney fees to be paid by the state or defendant in an action where the attorney was hired by the state with a contingency fee agreement shall be approved by the judge after an evidentiary hearing and prior to final disposition of the case by the district court. Any individual may provide information to the court and be heard before the court with regard to the reasonableness of attorney fees paid by the state or defendant under the contingency fee agreement. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the court of appeals shall be approved after an evidentiary hearing by the chief judge or by the presiding judge of the panel hearing the case. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the supreme court shall be approved after an evidentiary hearing by the departmental justice for the department in which the appeal originated. In determining the reasonableness of such compensation, the judge or justice shall consider the following:
(1) The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.
(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the attorney.
(3) The fee customarily charged in the locality for similar legal services.
(4) The amount involved and the results obtained.
(5) The time limitations imposed by the client or by the circumstances.
(6) The nature and length of the professional relationship with the client.
(7) The experience, reputation and ability of the attorney or attorneys performing the services.
(8) Whether the fee is fixed or contingent.
(f) In the case of any contract for legal services for the board of trustees of the Kansas public employees retirement system negotiated or to be negotiated in accordance with the provisions of K.S.A. 75-37,102, and amendments thereto, where the amount of fees paid to an attorney or to a firm of attorneys reasonably may exceed $1,000,000, references to the "director of purchases" in subsections (a), (b) and (c) of this section shall be construed to apply to the board of trustees of the Kansas public employees retirement system and each duty or function prescribed in such subsections shall be assumed and performed by the board of trustees of the Kansas public employees retirement system.
History: L. 2000, ch. 124, § 10; L. 2001, ch. 209, § 48; May 31.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 37 - Department Of Administration
75-3702c Employees; appointment by secretary; classified civil service; exception.
75-3702e Same; transfer of employees; rights preserved.
75-3702f Same; transfer of property and records.
75-3702g Same; governor to resolve conflicts.
75-3702i Severability of 1972 department of administration act.
75-3702j Organization of department; delegation of powers and duties.
75-3702l Transfer of real property of Kansas, Inc.
75-3702m Transfer of records of Kansas, Inc.
75-3702n Transfer of funds of Kansas, Inc.
75-3702o Resolution of conflicts in transfers from Kansas, Inc.
75-3703 Secretary to have custody of records; seal; copies of records.
75-3705a Attorneys for department; appointment; unclassified; chief attorney.
75-3706 Rules and regulations; procedure for adoption and approval.
75-3707 Functions of department in general.
75-3708 Membership of state finance council; chairperson; secretary.
75-3713 Same; authorization of expenditures; purposes.
75-3714 Same; minutes; public inspection.
75-3714a Director of the budget; creation and administration of the division of the budget.
75-3715 Powers and duties of the director of the budget.
75-3715a Fiscal notes for certain legislative bills.
75-3716 Budget preparation; forms; information.
75-3717 Budget estimates of state agencies; biennial basis for certain agencies.
75-3720 Governor's budget report; printing; availability to public.
75-3722 Application of allotment system; notice; appeal to finance council.
75-3723 Same; annual, semiannual, quarterly or monthly statements of funds available.
75-3724 Same; allotment estimates.
75-3725 Allotment plans and information to be available to director of accounts and reports.
75-3725a Certificates of indebtedness; procedure and conditions for issuance; redemption.
75-3726a Transfer of items of appropriation.
75-3726b Transfer of certain items of appropriation; attorney general.
75-3728 Accounting system; records and forms.
75-3728a Write-off of accounts receivable and taxes receivable by state agencies; definitions.
75-3728c Write-off of accounts and taxes receivable by state agencies; rules and regulations.
75-3728d Same; act governs write-offs after July 1, 1974; exception.
75-3728e Canteens, work therapy projects and benefit funds at state institutions; definitions.
75-3728g Same; budget of institution; profits, disposition.
75-3728j Receivables accounting system; records and forms.
75-3729 Property of state; inventory records; periodic verification.
75-3730 Obligations; how incurred and paid.
75-3731a Official hospitality; limitations on expenditures by executive branch agencies.
75-3732 Payment of claims, procedure.
75-3734 Federal funds received by state agencies.
75-3735 Fiscal reporting and statistics.
75-3736 Reports by state and county agencies.
75-3737a Director of purchases; creation and administration of the division of purchases.
75-3737b Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3738 Powers and duties of the director of purchases.
75-3739a Reverse auctioning electronic procurement process.
75-3740a State and local government contracts; bidders domiciled in other states.
75-3740b Purchase of recycled paper; requirements; price preference.
75-3740c Procurement practices, recycled products.
75-3740e Boycott of Israel; state contracts; definitions.
75-3740f Same; certifications; waivers.
75-3740g Same; statement of purpose.
75-3741a Same; change orders, negotiation or bidding.
75-3741b Same; negotiation for projects of $10,000 or less; reports.
75-3742 Same; assistance in preparing written program statements.
75-3743 Attorney general to approve certain contracts; requisition forms.
75-3744 Execution and approval of contracts.
75-3744a Requirements for purchase of motor-vehicle fuels by state agencies.
75-3745d Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3745e Same; rights saved in legal actions and proceedings.
75-3745h Same; accrued compensation or salaries; liability.
75-3746 Director of personnel services; powers and duties.
75-3749 State department of civil service; transfer of powers and duties of.
75-3762 Custody and care of certain state-owned buildings and grounds.
75-3764 Cleaning, repair, alteration and beautification of buildings.
75-3766 State office building space rental.
75-3768 Disposition of parking rental charges.
75-3773 Utility services for state buildings under management of secretary of administration.
75-3777 Same; transfer of officers and employees; rights preserved.
75-3778 Same; governor to resolve conflicts; transfer of property and records.
75-3779 Same; preservation of civil rights of action and proceedings; criminal actions preserved.
75-3781 Same; compensation and expenses.
75-3782 Same; meetings; quorum.
75-3784 Same; ancillary technical services; contracts; exemption from certain statutes.
75-3785 Construction defects recovery fund; authorized expenditures, approval.
75-3789 Penalties for violations of act.
75-3790 Sale of certain lands, salt deposits and interests therein.
75-3791 Same; duties of executive director; appraisal; bids.
75-3792 Same; abstract of title; deed.
75-3793 Same; deeds and contracts, duties of director, secretary of state and attorney general.
75-3794 Same; payment of expenses of sale.
75-3799 Financial services for state agencies; procedures for acquisition; negotiating committee.
75-37,101 Certificate of participation financing; purpose; authorization and approval.
75-37,103 Debarment of state contractors.
75-37,104 Prequalification of state contractors.
75-37,112 Financing agreements, contents; payments; prior consultation and approval of projects.
75-37,114 Approval of improvements under act; limitation.
75-37,117 Purpose and administration of program.
75-37,119 Loan agreements; terms; forms; considerations; collection procedures.
75-37,124 Topeka state hospital cemetery memorial; establishment; gifts; fund.
75-37,125 Energy conservation measure, financing; prior approval of plans and projects; definitions.
75-37,128 Energy audits for state-owned real property and leased real property; exception.
75-37,129 Energy conservation measures; promotion of program by state corporation commission.
75-37,130 Professional services sunshine act; citation.
75-37,132 Same; contract negotiation requirements; exceptions.
75-37,133 Same; expenditure of grant funds.
75-37,134 Same; use of federal funds.
75-37,141 Alternative project delivery building construction procurement act; citation.
75-37,144 Same; construction management at-risk project delivery procedures.
75-37,145 Same; building design-build project delivery procedures.
75-37,146 Same; recordation and publication of bidder information.
75-37,147 Same; act not applicable to certain projects.
75-37,151 Transfer of real estate to the state; requirements.
75-37,153 Audits of state agencies.
75-37,154 Department of administration contract audit committee; membership.
75-37,155 Audits; procurement of firm or firms to perform audit work.
75-37,156 Same; selection of firm or firms; considerations.
75-37,157 Same; contracts for audit work; requirements; responsibilities of selected firm.
75-37,158 Same; performance of firm; written audit reports; duty of confidentiality.
75-37,161 Monumental building surcharge; exemption; division of post audit.