00                            HOUSE BILL NO. 262                                                                          
01 "An Act exempting the Public Defender Agency and the office of public advocacy from                                     
02 certain provisions of the State Procurement Code; and providing for an effective date."                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 36.30.015 is amended by adding a new subsection to read:                                           
05            (k)  Notwithstanding (d) of this section, the Public Defender Agency and the                                 
06       office of public advocacy are not required to obtain the approval of the attorney                                 
07       general to contract for the services of legal counsel in a matter where the attorney                              
08       general is an adverse party.                                                                                      
09    * Sec. 2. AS 36.30.305(a) is amended to read:                                                                      
10            (a)  A construction contract under $100,000, or a contract for supplies,                                     
11       services, or professional services, may be awarded without competitive sealed bidding                             
12       or competitive sealed proposals, in accordance with regulations adopted by the                                    
13       commissioner. A contract may be awarded under this section only when the chief                                    
14       procurement officer determines in writing that a situation exists that makes                                      

01       competitive sealed bidding or competitive sealed proposals impractical or contrary to                             
02       the public interest, except that the attorney general, the public defender, or the                            
03       director of the office of public advocacy as provided in AS 36.30.015(k) may make                             
04       the determination for services of legal counsel, and the commissioner of transportation                           
05       and public facilities may make the determination for construction contracts under                                 
06       $100,000 or procurements for the state equipment fleet. Procurements under this                                   
07       section shall be made with competition that is practicable under the circumstance.                                
08       Except for procurements of supplies, services, professional services, or construction                             
09       that do not exceed the amount for small procurements under AS 36.30.320(a), as                                    
10       applicable, the authority to make a determination required by this section may not be                             
11       delegated.                                                                                                        
12    * Sec. 3. AS 36.30.850(b)(2) is amended to read:                                                                   
13                 (2)  contracts for professional witnesses to provide for professional                                   
14       services or testimony relating to                                                                                 
15                      (A)  existing or probable lawsuits in which the state is or may                                
16            become a party; or                                                                                       
17                      (B)  litigation in which the Public Defender Agency or the                                     
18            office of public advocacy has been appointed to represent a person;                                      
19    * Sec. 4. AS 36.30.850(b)(31) is amended to read:                                                                  
20                 (31)  contracts that are between the                                                                    
21                      (A)  Department of Law and attorneys who are not employed by                                   
22            the state and that are for the review or prosecution of possible violations of the                           
23            criminal law of the state in situations where the attorney general concludes that                            
24            an actual or potential conflict of interest makes it inappropriate for the                                   
25            Department of Law to review or prosecute the possible violations; and                                    
26                      (B)  Public Defender Agency or the office of public advocacy                                   
27            and attorneys who are not employed by the state and that are for the                                     
28            review or defense of possible violations of the criminal law of the state in                             
29            situations where the public defender or the director of the office of public                             
30            advocacy concludes that an actual or potential conflict of interest makes it                             
31            inappropriate for the Public Defender Agency or the office of public                                     

01            advocacy to review or defend the possible violations;                                                    
02    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).