H 4897 Session 112 (1997-1998)
H 4897 General Bill, By Cobb-Hunter, J.H. Neal and F. Smith
A BILL TO AMEND CHAPTER 7 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ATTORNEY GENERAL, BY ADDING SECTION 1-7-85 SO AS TO REQUIRE A
COMPETITIVE BID PROCEDURE FOR SOLICITING BIDS FROM AT LEAST THREE PRIVATE LAW
FIRMS OR PRIVATE SOLE PRACTITIONERS OF LAW BEFORE THE ATTORNEY GENERAL MAY
ENTER INTO A CONTRACT FOR THE REPRESENTATION OF THE STATE IN A LEGAL MATTER
INVOLVING THE STATE, TO CREATE A BOARD OF REVIEW TO DEVELOP A ROTATING AND
ANNUALLY UPDATED LIST OF PREAPPROVED PRIVATE LAW FIRMS AND SOLE PRACTITIONERS
OF LAW AND TO DEVELOP AND IMPLEMENT THE COMPETITIVE BID PROCESS FOR EACH
PROPOSED CONTRACT FOR LEGAL REPRESENTATION, AND TO REQUIRE APPROVAL FROM THE
STATE BUDGET AND CONTROL BOARD OF EACH PROPOSED CONTRACT FOR LEGAL
REPRESENTATION OF THE STATE BY A PRIVATE LAW FIRM OR SOLE PRACTITIONER OF LAW.
03/25/98 House Introduced and read first time HJ-74
03/25/98 House Referred to Committee on Judiciary HJ-74
03/26/98 House Member(s) added as co-sponsor(s): Rep(s) F. Smith
& Neal HJ-8
A BILL
TO AMEND CHAPTER 7 OF TITLE 1, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE ATTORNEY
GENERAL, BY ADDING SECTION 1-7-85 SO AS TO REQUIRE
A COMPETITIVE BID PROCEDURE FOR SOLICITING BIDS
FROM AT LEAST THREE PRIVATE LAW FIRMS OR PRIVATE
SOLE PRACTITIONERS OF LAW BEFORE THE ATTORNEY
GENERAL MAY ENTER INTO A CONTRACT FOR THE
REPRESENTATION OF THE STATE IN A LEGAL MATTER
INVOLVING THE STATE, TO CREATE A BOARD OF REVIEW
TO DEVELOP A ROTATING AND ANNUALLY UPDATED LIST
OF PREAPPROVED PRIVATE LAW FIRMS AND SOLE
PRACTITIONERS OF LAW AND TO DEVELOP AND
IMPLEMENT THE COMPETITIVE BID PROCESS FOR EACH
PROPOSED CONTRACT FOR LEGAL REPRESENTATION,
AND TO REQUIRE APPROVAL FROM THE STATE BUDGET
AND CONTROL BOARD OF EACH PROPOSED CONTRACT
FOR LEGAL REPRESENTATION OF THE STATE BY A
PRIVATE LAW FIRM OR SOLE PRACTITIONER OF LAW.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 7 of Title 1 of the 1976 Code is amended by
adding:
"Section 1-7-85. (A) The Attorney General may not enter
into a contract with a private law firm or private sole practitioner of
law for the legal representation of this State, or any of its agencies,
departments, divisions, or institutions, in a matter on behalf of this
State without first obtaining competitive bids pursuant to subsection
(B) and approval from the State Budget and Control Board pursuant
to subsection (C).
(B) There is created a Board of Review for purposes of
establishing a roster of private law firms and private sole practitioners
of law who are preapproved as eligible competitive bidders for
contracts for legal representation of the State and for developing and
implementing the competitive bid process for each proposed contract
for legal representation of the State.
(1) The board must be composed of five nonlegislative
members, one each to be appointed by the South Carolina Bar
Association, the South Carolina Women Lawyers Association, the
South Carolina Black Lawyers Association, the Speaker of the House
of Representatives, and the President Pro Tempore of the Senate.
The appointees of the three state legal associations must be attorneys
licensed to practice law in this State. The appointees of the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate must have backgrounds in finance or business. The members
shall serve for terms of three years or until their successors are
appointed.
(2) The board shall:
(a) solicit applications from private law firms and private sole
practitioners of law for preapproval by the board as potential
providers of legal representation of this State;
(b) establish a list of eligible attorneys and law firms
appropriate to each type of anticipated case and the type of
representation required, and update each list annually following a
once-yearly solicitation of additional applications for preapproval;
(c) develop and implement a competitive bid process,
requiring at least, but not limited to, solicitation of three competitive
bids from preapproved attorneys or law firms listed on the roster of
eligible competitive bidders for each proposed contract for legal
representation of this State and rotation of the names of the eligible
competitive bidders to the end of the list following participation in a
competitive bid. Solicitation of bids from a preapproved attorney or
law firm outside of the rotation must be justified in writing;
(d) recommend or not recommend to the State Budget and
Control Board the letting of the contract for legal representation to a
particular private law firm or sole practitioner of law upon the terms
proposed; and
(e) conduct a review after the first year of the implementation
of the competitive bid process so as to evaluate the effectiveness of
the process and to implement changes in the process, subject to the
provisions of this section.
(C) The Attorney General may not enter into the proposed contract
for private legal representation of the State, or any of its agencies,
departments, divisions, or institutions, in a matter on behalf of this
State, without first obtaining the approval of the State Budget and
Control Board, which approval may not be withheld
unreasonably."
SECTION 2. This act takes effect upon approval by the Governor.
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