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 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))