H.B. 513 Attorney General Funding Amendments: transcript

Okay. The time is yours. Thank You, Mr. Chair. So, uh, what this bill does is create funding stability for the Attorney General's office and the legislature by recognizing ongoing legal, uh, fees up front. And it's really about creating greater collaboration between the agencies and the Attorney General's office, where they would have a pre-meeting where they determine what the legal costs are gonna be for that agency. And then it creates a, uh, fund called the, the Legal Services Retainer Fund, where those funds would be deposited into. And the reason for that is 'cause oftentimes legal fees and the, and the money that they're getting to do their legal work gets commingled with their departmental money. And so this would preserve that money so that they know exactly what the purpose of those funds are, especially in the legislatures taking money and putting them into them as we've been doing into the, as we've been working the ISF funds, the internal service funds. So, uh, they would meet, they would, uh, basically, uh, establish what the amount of funds are. Uh, this also allows the money, uh, uh, allows the, the state to recognize what those costs truly are and, uh, place those funds in that budget. And then it also creates the Public Policy Defense Program, which is to pay costs for defending the state and civil litigation that meets a specified criteria. So those are the two funds. So, as I said, this is really about creating greater communication between the Attorney General's office and their agency clients, and to make sure that, uh, we are understanding what the costs are for legal services. And that's my presentation, Mr. Chair.

Thank you, Mr. Chair. Uh, it looks like the amendment, uh, uh, just changes the name of the fund to the expendables, uh, special Revenue Fund and start the legal

Right. That's, that's a technical change. And that actually came from the Department of Finance. So we said we would make it, uh, follow their processes. And, and that's, that's just a, a revolving fund where you put it in there and it, it, uh,

it remains in there from year to year, right?

Correct. And that, and those legal funds just stay within that fund. They're not, the department can't use 'em for other things. It's just for legal services.

Okay. Thank you. Thank you.

Do we have to adopt the amendment or? Yes. Can I make a motion to adopt the amendment for HB five 13 Amendment one?

Uh, just does what I said. So, uh, just changes the name of the fund.

I move that we favorably recommend HB five 13 as amended. Would you like to speak to that? I'll Waive Okay. To the sponsor. Waive waive.

So move. Okay. All in favor of adopting the February 13th.

You Mr. Chair. So, uh, what, uh, first substitute House Bill five 13 does is currently we fund, uh, our ag services for our agencies through the internal service fund process. And what this does is create a new process where we would have a legal retainer services fund. And so, uh, each year the Attorney General's office would sit down with the agency the 1st of October to look at their, um, agency needs for legal services. They would, uh, develop, uh, what they think those costs are going to be. And then, uh, they would abdicate for additional funds if they need additional funds or if they have litigation that might be coming, that would then, uh, proceed through the session. And then once, uh, they went through the session and money was either set aside or they had their, the funds that they had from their internal service funds, those would be deposited into the account and there would be a service agreement signed between the Attorney General's office and the agencies. And so what this does is, is to a, make it so, um, they're not co-mingling their funds that have been set aside specifically for, uh, the, the Attorney General's office to, to provide legal services and to keep those separate. And then to make sure that we're funding, uh, the different services that we need, such as litigation or, uh, additional funds that the agency would need to set aside. And with that, that's the bill. Mr. Chair,

Yeah. That's the intent is to try to make sure that we're, uh, understanding exactly what the legal services needs are and that we're funding those at the appropriate levels.

You, Mr. Chair. I would make a motion that we favorably recommend for substitute Hospital five 13

Yeah, I just think this is a common sense approach to make sure we're appropriately funding the legal services needed for the state.

Uh, I appreciate the work.

matter. Meeting clerk House Bill five 13 Attorney General funding amendments by representative Val Peterson. On one second. This bill was heard in revenue and taxation with the vote of 6 0 5.

Motion is to circle. Would

and make a motion to encircle house bill five 13.

You Mr. Speaker. I'd make a motion that we substitute house bill five 13 with first substitute house bill five 13

First substitute House bill 2 57

Back to your Representative Peterson. Thank You Mr. Speaker. I make a motion to substitute house bill five 13 with first substitute house Bill five 13.

Yeah. So, uh, what this does is, uh, creates a legal services retainer fund for the Attorney General's office and it creates a process whereby the, uh, agencies and uh, state government can make a contract essentially with the Attorney General's Office for legal services.

Thank you Mr. Speaker. So this would, uh, basically replace the internal service funds that we currently use to, uh, work with the agencies and the Attorney General's office. And what would happen is is that the 1st of October, the agencies would sit down with the Attorney General's office, they would outline, uh, what they would need for legal services during the year. Uh, that would be, uh, evaluated and then, uh, uh, a request would go to the legislature to fund those legal services. After the session, before the start of the fiscal year, the ags office would literally sit down and, uh, write a written agreement for the legal services that they're going to do, uh, during the year and the amount of money that is needed to do it. Once they have signed that agreement, money would be transferred in to those fund accounts and, uh, then, uh, that money would be set aside for those services instead of being co-mingled within the agency's accounts. And the, uh, the Attorney General's office then would serve litigation matters, uh, throughout the year with those funds. And, uh, that's my presentation. Mr. Speaker.

Thank you, Mr. Speaker. So this is really to make sure that, uh, as we are dealing with legal matters, that there's enough money, uh, in the funds to cover the legal services that are needed as we, uh, start to see more issues, uh, that make their way to the courts or that, uh, agencies need to be serviced. And I urge your support for this new process.

You Mr. Speaker. I make a motion to substitute house bill five 13 with first substitute house Bill five 13.

Yeah. So, uh, what this does is, uh, creates a legal services retainer fund for the Attorney General's office and it creates a process whereby the, uh, agencies and uh, state government can make a contract essentially with the Attorney General's Office for legal services.

Thank you Mr. Speaker. So this would, uh, basically replace the internal service funds that we currently use to, uh, work with the agencies and the Attorney General's office. And what would happen is is that the 1st of October, the agencies would sit down with the Attorney General's office, they would outline, uh, what they would need for legal services during the year. Uh, that would be, uh, evaluated and then, uh, uh, a request would go to the legislature to fund those legal services. After the session, before the start of the fiscal year, the ags office would literally sit down and, uh, write a written agreement for the legal services that they're going to do, uh, during the year and the amount of money that is needed to do it. Once they have signed that agreement, money would be transferred in to those fund accounts and, uh, then, uh, that money would be set aside for those services instead of being co-mingled within the agency's accounts. And the, uh, the Attorney General's office then would serve litigation matters, uh, throughout the year with those funds. And, uh, that's my presentation. Mr. Speaker.

Thank you, Mr. Speaker. So this is really to make sure that, uh, as we are dealing with legal matters, that there's enough money, uh, in the funds to cover the legal services that are needed as we, uh, start to see more issues, uh, that make their way to the courts or that, uh, agencies need to be serviced. And I urge your support for this new process.

Thank you Mr. Speaker. I move that we encircle house Bill five 14.

Thank you Mr. President Pro TEM HB 2 5 13 establishes a new process for state agencies to pay for legal services provided by the Ag G'S office. This would re replace the current ISF process By October 1st of each year, the Ag G'S office and each agency will jointly agree to retainer amount for the upcoming fiscal year. The retainer is estimated is is the estimated cost of the agency's legal services for the year. Retainers will be incorporated into the gov Governor's proposed budget. The legislature will appropriate the retainers to, to the agencies after session and before the start of each fiscal year, the ags office and each agency will enter into a written service level agreement that sets that agreement on rates scope work in financial controls. And that's what the bill does. This is kind of a long time, time coming and we're just, we, we've got a new ag that's doing a lot of work and he's, he's putting a really good process in place. And I'm open for questions.

Thank you. I'm gonna waive summation and move this bill pass.

Senator Macal. Thank you. Our move to amend amendment number one on my name. That's online.

We take a and and change it to an or It's a one word amendment that I inadvertently left out.

Yeah. I move that this bill passed.

Senator Vickers Baldy. A Lewin Brammer Bus Comore Escamia Fillmore Aye. Grover Harper Kinins Ipson Johnson. Quan McKay Mikel Milner Aye. Musselman Owens Cher Plum Rebe Sandal Stevenson Stratton Vickers Aye. Weiler Wilson Winterton. President Adams Aye. First substitute House Bill five 13.

Harper. Thank you. Motion to Concur. Uh, go ahead and explain the changes.

Yeah. So it uh, changes the name of the fund to the Legal Services retainer fund and on line 5 0 8 that changes an and to an or which broadens that piece a little bit. And that's what this bill does. Thank