SENATE BILL 50

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO THE PROCUREMENT CODE; PROVIDING REQUIREMENTS FOR THE PROCUREMENT OF LAWYER SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Procurement Code is enacted to read:

     "[NEW MATERIAL] PROCUREMENT OF LAWYER SERVICES.--

          A. Notwithstanding any other provision of the Procurement Code, a contract with a lawyer or law firm, either in the form of a flat, hourly or contingent fee contract, including expenses, exceeding or reasonably expected to exceed one million dollars ($1,000,000), shall only be procured by competitive sealed proposals.

          B. An hourly fee for contracts referred to in this section shall not exceed one thousand dollars ($1,000). An hourly fee for flat or contingency fee contracts shall be determined by dividing the total hours worked into the fee, less expenses, and if that hourly fee exceeds one thousand dollars ($1,000), it shall be reduced to one thousand dollars ($1,000).

          C. A contract referred to in this section shall not be effective until approved by the attorney general. The attorney general may require changes to the contract prior to approval. The state agency or local public body procuring the lawyer or law firm services shall submit a copy of the approved contract to the legislative finance committee for informational purposes."

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