75-769. Legal representation charges to state agencies for legal services. (a) The attorney general may determine, fix and establish a system of legal representation charges and collect such charges from any state agency to which the attorney general provides legal services. The attorney general may determine the amount of legal representation charges due from a state agency by use of a schedule of fees and costs for legal services published by the attorney general or by entering into an agreement with a state agency for payment by such agency for legal services. Such schedule of fees and costs shall not exceed the amount of compensation established pursuant to K.S.A. 22-4507, and amendments thereto, for attorneys appointed by the court to perform services for an indigent person.
(b) As used in this section:
(1) "State agency" means any department of state government or any agency thereof that collects fees for licensing, regulating or certifying a person or profession;
(2) "legal representation charges" means any costs, fees, expenses or other financial liability incurred by the attorney general, including, but not limited to, attorney fees, to provide legal services to a state agency; and
(3) "legal services" means any form of legal advice, representation or counseling involving an attorney-client relationship, including, but not limited to, general counsel services and representation of a state agency in any administrative law matter. "Legal services" includes legal services provided at the attorney general's discretion at the request of a state agency and legal services the attorney general is required by law to provide to a state agency. "Legal services" shall not include any representation provided pursuant to the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto, or the defense of civil rights claims pursuant to K.S.A. 75-6116, and amendments thereto.
(c) The amounts collected under this section shall be remitted by the attorney general to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the attorney general's state agency representation fund, which is hereby created. Moneys in the attorney general's state agency representation fund shall be expended by the attorney general for operations of the office of the attorney general.
(d) Nothing in this section shall impose an obligation for the attorney general to provide legal services to any state agency.
(e) The attorney general may adopt rules and regulations as necessary to implement this section.
History: L. 2017, ch. 76, ยง 2; June 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
75-702 Duties and responsibilities; authority to prosecute and defend.
75-703 Prosecution on official bonds or contracts; civil and criminal actions.
75-704 Aid to county attorneys; opinions.
75-704a Opinions; filing requirements; headings; synopsis.
75-705 Drafts for contracts, forms and writings; reports to legislature.
75-705a State board of education defined.
75-706 Payments of moneys into treasury.
75-708 Performance of other duties required by law.
75-709 Accounting for fees and moneys.
75-710 Assistants and employees; powers and duties.
75-711 Kansas bureau of investigation; establishment; director and other personnel.
75-712c Same; reports of missing persons; duties of law enforcement agencies.
75-712d Same; missing and unidentified person information clearinghouse.
75-712e Purchase of insurance for aircraft owned by Kansas bureau of investigation authorized.
75-712f Report of missing person required, when; notice of person's return.
75-716 Authorized uses of moneys in attorney general's antitrust special revenue fund.
75-721 Statewide drug abuse resistance education (D.A.R.E.) coordinator; duties.
75-722 Kansas bureau of investigation; consultation concerning drug trends; report to legislature.
75-724 DNA database fee; DNA database fee fund; expenditures.
75-725 Medicaid fraud and abuse division in the office of the attorney general.
75-726 Access to records by the attorney general.
75-727 Payment of reward for persons providing certain information.
75-752 Authorizing transfers between certain funds of the attorney general.
75-753 Complaints regarding Kansas open records act and Kansas open meetings act; duties.
75-754 Kansas silver alert plan; purpose and procedure.
75-756 Authorizing coordination of training regarding human trafficking.
75-757 Human trafficking advisory board.
75-758 Human trafficking victim assistance fund established; expenditures.
75-760 Attorney general's open government fund; distribution.
75-761 Training programs established by attorney general; open meetings act; open records act.
75-762 Rules and regulations to implement provisions of the open records act and open meetings act.
75-763 Rules and regulations for skill development training for school misconduct.
75-765 Fraud and abuse criminal prosecution fund; deposits and expenditures.
75-766 Public policy concerning prosecuting attorneys; authorizing certain agreements.
75-768 Postconviction case briefs required to be served on and approved by attorney general.
75-769 Legal representation charges to state agencies for legal services.
75-772 Kansas youth suicide prevention coordinator; duties.
75-773 Crime victims compensation division in the office of the attorney general.
75-775 Kansas fights addiction act; citation of act.
75-779 Same; responsibility for costs, expenses and attorney fees arising from opioid litigation.
75-781 Same; Kansas fights addiction grant review board report on activities.