Attorney General and Reporter - As enacted, specifies that when, in the judgment of the speaker of the house of representatives and the speaker of the senate, the interest of the state requires additional counsel to the attorney general and reporter, the speakers shall retain additional counsel to prosecute an action against the federal government on behalf of the state if the representation does not include payment of a fixed or contingent fee to any such additional counsel or otherwise increase state expenditures. - Amends TCA Section 8-6-106.
HB0038 has been assigned Public Chapter Number 134 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0038Date
    Effective date(s) 07/01/202304/18/2023
    Pub. Ch. 13404/18/2023
    Signed by Governor.04/06/2023
    Transmitted to Governor for his action.03/27/2023
    Signed by Senate Speaker03/22/2023
    Signed by H. Speaker03/22/2023
    Enrolled; ready for sig. of H. Speaker.03/21/2023
    Passed Senate, Ayes 24, Nays 703/20/2023
    Placed on Senate Regular Calendar for 3/20/202303/16/2023
    Senate Reset on calendar for 3/20/202303/13/2023
    Amendment withdrawn. (Amendment 1 - SA0114)03/13/2023
    Senate substituted House Bill for companion Senate Bill.03/13/2023
    Received from House, Passed on First Consideration03/02/2023
    Engrossed; ready for transmission to Sen.02/28/2023
    Passed H., as am., Ayes 82, Nays 12, PNV 002/27/2023
    Sponsor(s) Added.02/27/2023
    H. adopted am. (Amendment 1 - HA0023)02/27/2023
    H. Placed on Regular Calendar for 2/27/202302/23/2023
    Placed on cal. Calendar & Rules Committee for 2/23/202302/22/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee02/15/2023
    Placed on cal. State Government Committee for 2/15/202302/08/2023
    Rec. for pass by s/c ref. to State Government Committee02/07/2023
    Sponsor(s) Added.02/01/2023
    Placed on s/c cal Public Service Subcommittee for 2/7/202302/01/2023
    Assigned to s/c Public Service Subcommittee01/12/2023
    Ref. to State Government Committee01/12/2023
    P2C held on desk, pending appointment of Standing Committees01/11/2023
    Intro., P1C.01/10/2023
    Filed for introduction01/09/2023
    Actions For SB0487Date
    Comp. became Pub. Ch. 13404/18/2023
    Sponsor(s) Added.03/14/2023
    Companion House Bill substituted03/13/2023
    Placed on Senate Regular Calendar for 3/13/202303/10/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 003/07/2023
    Placed on Senate Judiciary Committee calendar for 3/7/202303/01/2023
    Passed on Second Consideration, refer to Senate Judiciary Committee01/30/2023
    Introduced, Passed on First Consideration01/26/2023
    Sponsor change.01/25/2023
    Filed for introduction01/25/2023
  • AmendmentsFiscal Memos
    HA0023Amendment 1-0 to HB0038Fiscal Memo for HA0023 (3868)  
    AmendmentsFiscal Memos
    SA0114Amendment 1-1 to SB0487Fiscal Memo for SA0114 (3868)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB0038

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    Present law provides that in all cases where the interest of the state requires additional counsel to the attorney general and reporter or district attorney general in the judgment of the governor and attorney general and reporter, then the governor must employ such counsel. Present law also provides that the attorney general and reporter or district attorney general must inform the governor of, and consideration must be given to, whether the person or firm to be employed as additional counsel:

    (1) To defend the state in any action is then serving as counsel for a party in any action by that party against the state and whether the action, if adjudicated in that party's favor, is likely to result in an increase in state expenditures; or

    (2) To prosecute any action on behalf of the state is then serving as counsel in defense of any action against the state.

    This bill provides that in all cases where, in the judgment of the speaker of the house of representatives and the speaker of the senate, the interest of the state requires additional counsel to the attorney general and reporter, then the speaker of the house of representatives and the speaker of the senate must retain additional counsel to prosecute an action on behalf of the state as long as the representation does not result in an increase in state expenditures.

    ON FEBRUARY 27, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 38, AS AMENDED.

    AMENDMENT #1 clarifies that additional counsel must be retained only to prosecute an action against the federal government on behalf of the state. This amendment adds that representation must not include payment of a fixed or contingent fee to any such additional counsel, in addition to the requirement that the representation must not increase state expenditures.

    ON MARCH 13, 2023, THE SENATE SUBSTITUTED HOUSE BILL 38 FOR SENATE BILL 487 AND RESET HOUSE BILL 38.

    ON MARCH 20, 2023, THE SENATE FURTHER CONSIDERED AND PASSED HOUSE BILL 38.

  • FiscalNote for HB0038/SB0487 filed under HB0038

  • House Floor and Committee Votes

    HB0038 by Bulso - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/27/2023
    Passed
              Ayes...............................................82
              Noes...............................................12

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Chism, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Glynn, Grills, Hakeem, Hale, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Miller, Moody, Moon, Parkinson, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 82.
              Representatives voting no were: Beck, Clemmons, Dixie, Hardaway, Jernigan, Johnson G, Jones, Mitchell, Pearson, Powell, Shaw, Thompson -- 12.

              HB0038 by Bulso - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/27/2023 2/23/2023
              Voice Vote - Ayes Prevail

              HB0038 by Bulso - HOUSE STATE GOVERNMENT COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/15/2023
              Voice Vote - Ayes Prevail Rep(s). Beck, Chism, Jernigan, Powell requested to be recorded as voting No

              HB0038 by Bulso - HOUSE PUBLIC SERVICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to State Government Committee 2/7/2023
              Voice Vote - Ayes Prevail Rep(s). Dixie requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0038

    HB0038 by Bulso - FLOOR VOTE: Third Consideration 3/20/2023
    Passed
              Ayes...............................................24
              Noes................................................7
              Present and not voting...................1

              Senators voting aye were: Bailey, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, White, Yager -- 24.
              Senators voting no were: Akbari, Briggs, Campbell, Kyle, Lamar, Oliver, Yarbro -- 7.
              Senators present and not voting were: Mr. Speaker McNally -- 1.

    SB0487 by Stevens - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0 3/7/2023
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Gardenhire, Kyle, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 8.