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Regular Session, 2014
SENATE BILL NO. 553
BY SENATOR ADLEY
FLOOD PROTECTION AUTH. Provides relative to special attorneys for flood protection
authorities. (gov sig)
AN ACT1
To amend and reenact R.S. 42:262 and to enact R.S. 42:263(D), relative to special counsels;2
to provide relative to special attorneys for flood protection authorities; to provide for3
resolutions requesting special counsel; to provide for prospective and retroactive4
application; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:262 is hereby amended and reenacted and R.S. 42:263(D) is7
hereby enacted to read as follows: 8
§262. Special attorneys 9
A. In the event it should be necessary to protect the public interest, for any10
state board, or commission, or any regional flood protection authority established11
under Article VI, Section 38.1 of the Louisiana Constitution of 1974, to retain or12
employ any special attorney or counsel to represent it in any special matter for which13
services any compensation is to be paid by it, the board, or commission, or regional14
flood protection authority may retain or employ such special attorney or counsel15
solely on written approval of the governor and the Attorney General and pay only16
such compensation as the governor and the Attorney General may designate in the17 SB NO. 553
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written approval. The approval shall be given in their discretion upon the application1
of the board, or commission, or regional flood protection authority by a resolution2
thereof setting forth fully the reasons for the proposed retention or employment of3
the special attorney or counsel and the amount of the proposed compensation.The4
governor and Attorney General shall not ratify or approve any action of a board ,5
commission, or regional flood authority in employing any special attorney or6
counsel or paying any compensation for special service rendered, unless all the7
formalities as provided by this Part as to resolutions and the like, have been complied8
with. The governor may delegate the authority granted to him under this9
Section to approve the retention of special attorney or counsel.10
B. Unless otherwise specifically authorized by law to use contingency fee11
agreements, no entity subject to this Section may retain or employ any special12
attorney or counsel pursuant to a contingency fee agreement until after the13
Joint Legislative Committee on the Budget has approved the contingency fee14
agreement.15
C. It is the intent of the legislature that Subsection A of this Section,16
shall have both prospective and retroactive application. It is further the intent17
of the legislature to clarify that agreements not in accordance with Subsection18
A of this Section are and have always been contrary to the public policy of this19
state and void ab initio.20
D. It is the intent of the legislature that Subsection B of this Section,21
shall apply only prospectively.22
§263. Resolution requesting special counsel23
* * *24
D.(1) Unless otherwise specifically authorized by law to use contingency25
fee agreements, no entity subject to this Section may retain or employ any26
special attorney or counsel pursuant to a contingency fee agreement until after27
the Joint Legislative Committee on the Budget has approved the contingency fee28
agreement.29 SB NO. 553
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(2) It is the intent of the legislature that Subsection D of this Section,1
shall apply only prospectively.2
Section 2. All agreements for the retention or employment of special counsel by a3
state board or commission or a regional flood protection authority that have not been4
approved by the governor and the attorney general under R.S. 42:262(A) as amended by this5
Act, are null and void unless and until such approval is obtained. Notwithstanding the6
foregoing, the Legislature hereby ratifies each such agreement, provided that it was approved7
by the attorney general as to the matters addressed in R.S. 42:262 as it existed one day8
before the effective date of this Act, and provided that the agreement states specific hourly9
rates for legal services. No payment is or may be due or paid for services rendered under10
any agreement that is null and void under this Section or R.S. 42:262(A) as amended by this11
Act, other than in quantum meruit. 12
Section 3. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. Ashley Mitchell.
DIGEST
Adley (SB 553)
Present law provides that in the event it should be necessary to protect the public interest,
for any state board or commission to retain or employ any special attorney or counsel to
represent it in any special matter for which services any compensation is to be paid by it, the
board or commission may retain or employ such special attorney or counsel solely on written
approval of the governor and the attorney general and pay only such compensation as the
governor and the attorney general may designate in the written approval. The approval will
be given in their discretion upon the application of the board or commission by a resolution
thereof setting forth fully the reasons for the proposed retention or employment of the
special attorney or counsel and the amount of the proposed compensation. The governor and
attorney general will not ratify or approve any action of a board in employing any special
attorney or counsel or paying any compensation for special service rendered, unless all the
formalities as provided in present law as to resolutions and the like, have been complied
with.
Proposed law modifies present law and provides that any state board or commission, or any
regional flood protection authority established under Article VI, Section 38.1 of the
Louisiana Constitution of 1974, to retain or employ any special attorney or counsel to SB NO. 553
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
represent it in any special matter for which services any compensation is to be paid by it, the
board, commission, or regional flood protection authority may retain or employ such special
attorney or counsel solely on written approval of the governor and the attorney general and
pay only such compensation as the governor and the attorney general may designate in the
written approval. The approval will be given in their discretion upon the application of the
board, or commission, or regional flood protection authority by a resolution thereof setting
forth fully the reasons for the proposed retention or employment of the special attorney or
counsel and the amount of the proposed compensation. The governor and attorney general
will not ratify or approve any action of a board, commission or regional flood authority in
employing any special attorney or counsel or paying any compensation for special service
rendered, unless all the formalities as provided in present law as to resolutions and the like,
have been complied with.
Proposed law provides that the governor may delegate the authority granted to him under
proposed law to approve the retention of special attorney or counsel and provides that it is
further the intent of the legislature to clarify that agreements not in accordance with
proposed law are and have always been contrary to the public policy of this state and void
ab initio.
Proposed law provides that proposed law relative to the governor's authority to approve
retention of special attorney or counsel will have both prospective and retroactive
application.
Proposed law provides that unless otherwise specifically authorized by law to use
contingency fee agreements, no entity subject to proposed law may retain or employ any
special attorney or counsel pursuant to a contingency fee agreement until after the Joint
Legislative Committee on the Budget has approved the contingency fee agreement and that
proposed law will apply only prospectively.
Present law provides that no parish governing authority, levee board except as provided in
present law hereof, parish school board, city school board, or other local or state board will
retain or employ any special attorney or counsel to represent it in any special matter or pay
any compensation for any legal services whatever unless a real necessity exists, made to
appear by a resolution thereof stating fully the reasons for the action and the compensation
to be paid. The resolution then will be subject to the approval of the attorney general and,
if approved by him, will be spread upon the minutes of the body and published in the official
journal of the parish.
Present law provides that the governing boards of the Cane River Levee and Drainage
District, the Campti-Clarence Levee District, the Natchitoches Levee and Drainage District,
the Red River Levee and Drainage District, the Fifth Louisiana Levee District, and the
Nineteenth Louisiana Levee District may retain or employ special counsel as needed and
without the approval of the attorney general.
Present law provides that the Board of Commissioners of the Black Lake Bayou Recreation
and Water Conservation District of Red River Parish may retain or employ general or special
counsel as needed and without the approval of the attorney general.
Proposed law provides that unless otherwise specifically authorized by law to use
contingency fee agreements, no entity subject to proposed law may retain or employ any
special attorney or counsel pursuant to a contingency fee agreement until after the Joint
Legislative Committee on the Budget has approved the contingency fee agreement and that
proposed law shall apply only prospectively.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amend R.S. 42:262; adds R.S. 42:263(D))