DOT/OUTSIDE COUNSEL.-AB

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View NCGA Bill Details2015-2016 Session
Senate Bill 620 (Public) Filed Thursday, March 26, 2015
AN ACT TO EXPAND THE PURPOSES FOR WHICH THE DEPARTMENT OF TRANSPORTATION MAY ENGAGE THE SERVICES OF PRIVATE LEGAL COUNSEL, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.
Intro. by Rabon, Daniel, Meredith.

Status: Re-ref Com On Transportation (Senate Action) (Apr 9 2015)
S 620

Bill Summaries:

  • Summary date: Mar 30 2015 - View Summary

    Repeals Section 34.27 of SL 2013-360, as amended, which allowed the Department of Transportation (DOT) to engage the services of private counsel to timely defend or otherwise resolve legal challenges to transportation projects undertaken by DOT.

    Repeals (b) and (c) of Section 34.24 of SL 2014-100, which directed DOT to increase its use of external counsel and to develop performance metrics to evaluate its utilization of in-house and outside counsel.

    Enacts new GS 136-18.03 directing DOT to increase its use of private counsel to no less than 20% of new cases arising during a fiscal year. Allows DOT to use private counsel, without permission from the Attorney General, to provide legal services related to any project undertaken by DOT and works compensation claims brought by DOT employees. Requires DOT to develop performance metrics to evaluate its use of in-house counsel and private counsel, and specifies items that must be included. Requires DOT to report quarterly on the performance metrics to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee.