SLS 14RS-803 REENGROSSED
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 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 attorney16
general and shall pay only such compensation as the governor and the Attorney17 SB NO. 553
SLS 14RS-803 REENGROSSED
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
General attorney general may designate in the written approval. The approval shall1
be given in their discretion upon the application of the board, or commission, or2
regional flood protection authority by a resolution thereof setting forth fully the3
reasons for the proposed retention or employment of the special attorney or counsel4
and the amount of the proposed compensation. The governor and Attorney General5
attorney general shall not ratify or approve any action of a board, commission, or6
regional flood authority in employing any special attorney or counsel or paying any7
compensation for special service rendered, unless all the formalities as provided by8
this Part as to resolutions and the like, have been complied with. The governor may9
delegate the authority granted to him under this Subsection to approve the10
retention of special attorney or counsel.11
B. Unless otherwise specifically authorized by law to use contingency fee12
agreements, no entity subject to this Section that is subject to the13
Administrative Procedure Act and represented by the attorney general when14
called upon do so, may retain or employ any special attorney or counsel15
pursuant to a contingency fee agreement until after the Joint Legislative16
Committee on the Budget has approved the contingency fee agreement.17
C. It is the intent of the legislature that Subsection A of this Section shall18
have both prospective and retroactive application. It is further the intent of the19
legislature to clarify that agreements not in accordance with Subsection A of20
this Section are and have always been contrary to the public policy of this state21
and void ab initio.22
D. It is the intent of the legislature that Subsection B of this Section shall23
apply only prospectively.24
§263. Resolution requesting special counsel25
* * *26
D.(1) Unless otherwise specifically authorized by law to use contingency27
fee agreements, no entity subject to this Section that is subject to the28
Administrative Procedure Act and represented by the attorney general when29 SB NO. 553
SLS 14RS-803 REENGROSSED
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
called upon do so, may retain or employ any special attorney or counsel1
pursuant to a contingency fee agreement until after the Joint Legislative2
Committee on the Budget has approved the contingency fee agreement.3
(2) It is the intent of the legislature that Subsection D of this Section shall4
apply only prospectively.5
Section 2. All agreements for the retention or employment of special counsel by a6
state board or commission or a regional flood protection authority that have not been7
approved by the governor and the attorney general under R.S. 42:262(A) as amended by this8
Act, are null and void unless and until such approval is obtained. Notwithstanding the9
foregoing, the Legislature hereby ratifies each such agreement, provided that it was approved10
by the attorney general as to the matters addressed in R.S. 42:262 as it existed one day11
before the effective date of this Act, and provided that the agreement states specific hourly12
rates for legal services. No payment is or may be due or paid for services rendered under13
any agreement that is null and void under this Section or R.S. 42:262(A) as amended by this14
Act, other than in quantum meruit. 15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument was prepared by J. Ashley Mitchell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Sharon F. Lyles.
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 SB NO. 553
SLS 14RS-803 REENGROSSED
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 the Administrative Procedure Act and
represented by the attorney general under proposed law may retain or employ any special SB NO. 553
SLS 14RS-803 REENGROSSED
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Adds that requirement for approval by the Joint Legislative Committee on
the Budget to retain or employ any special attorney or counsel on a
contingency fee agreement applies to an entity that is subject to the
Administrative Procedure Act and represented by the attorney general when
called upon to do so.