First Substitute S.B. 209

Senator J. Stuart Adams proposes the following substitute bill:

1 RETENTION OF OUTSIDE COUNSEL, EXPERT WITNESSES, AND
2 LITIGATION SUPPORT SERVICES
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: J. Stuart Adams
6 House Sponsor: Derek E. Brown
7
8 LONG TITLE
9 General Description:
10 This bill requires the attorney general's office to make rules to establish disclosure,
11 transparency, accountability, and reporting in relation to the procurement of outside
12 counsel, expert witnesses, and other litigation support services.
13 Highlighted Provisions:
14 This bill:
15 . requires the attorney general's office to make rules regarding public disclosure,
16 transparency, accountability, and reporting in relation to the procurement of outside
17 counsel, expert witnesses, and other litigation support services; and
18 . describes requirements for the rules described in the preceding paragraph.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 67-5-30, Utah Code Annotated 1953

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 67-5-30 is enacted to read:
29 67-5-30. Rulemaking authority regarding the procurement of outside counsel,
30 expert witnesses, and other litigation support services.
31 (1) The attorney general's office shall make rules to establish public disclosure,
32 transparency, accountability, and reporting in relation to the procurement of outside
33 counsel, expert witnesses, and other litigation support services.
34 (2) The rules described in Subsection (1) shall:
35 (a) ensure that a procurement for outside counsel is supported by a determination by
36 the attorney general that the procurement is in the best interests of the state, in light of available
37 resources of the attorney general's office;
38 (b) provide for the fair and equitable treatment of all potential providers of outside
39 counsel, expert witnesses, and other litigation support services;
40 (c) ensure a competitive process, to the greatest extent possible, for the procurement of
41 outside counsel, expert witnesses, and other litigation support services;
42 (d) provide for oversight and control, by the attorney general's office, in relation to
43 outside counsel hired under a contingency fee arrangement;
44 (e) establish for transparency regarding the procurement of outside counsel, expert
45 witnesses, and other litigation support services, subject to:
46 (i) Title 63G, Chapter 2, Governmental Records Access and Management Act; and
47 (ii) other applicable provisions of the Utah Code;
48 (f) establish standard contractual terms for the procurement of outside counsel, expert
49 witnesses, and other litigation support services, subject to; and
50 (g) provide for the retention of records relating to the procurement of outside counsel,
51 expert witnesses, and other litigation support services.