An act TO AMEND THE LAW CONCERNING THE ATTORNEY 10 GENERAL, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas               A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1830

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5 By: Representative M. Shepherd

6 By: Senator K. Hammer

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8                                 For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING THE ATTORNEY

10  GENERAL; TO AMEND THE LAW CONCERNING THE PROCUREMENT

11  OF CONTINGENCY FEE CONTRACTS BY THE ATTORNEY GENERAL;

12  AND FOR OTHER PURPOSES.

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15                                      Subtitle

16                       TO AMEND THE LAW CONCERNING THE ATTORNEY

17                       GENERAL; AND TO AMEND THE LAW CONCERNING

18                       THE PROCUREMENT OF CONTINGENCY FEE

19                       CONTRACTS BY THE ATTORNEY GENERAL.

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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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23  SECTION 1. Arkansas Code � 25-16-714(f)-(i), concerning the

24 procurement of contingency fee contracts, are amended to read as follows:

25  (f) A contingency fee shall not be based on penalties or civil fines

26 awarded or any amounts attributable to penalties or civil fines.

27  (g) The Attorney General shall not enter into a contingency fee

28 contract unless the following requirements are met throughout the contract

29 period and any extensions of the contract period:

30  (1) The government attorneys shall retain complete control over

31 the course and conduct of the case;

32  (2) A government attorney with supervisory authority shall be

33 personally involved in overseeing the litigation;

34  (3) The government attorneys shall retain the authority to reject

35 any decisions made by outside counsel;

36  (4) A defendant that is the subject of the litigation may contact

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                                                                          HB1830

1 the lead government attorneys directly without having to confer with

2 contingency fee counsel;

3           (5) A government attorney with supervisory authority for the case

4 shall attend all settlement conferences; and

5           (6) Decisions regarding settlement of the case shall be left

6 exclusively to the discretion of the government attorneys and the Attorney

7 General.

8   (h)(g) The Attorney General shall develop a standard addendum to each

9 contingency fee contract that shall be used in all cases and shall describe

10 in detail the responsibilities of the contracted private attorney and the

11 Attorney General, including without limitation the requirements under

12 subsection (g)(f) of this section.

13  (i)(h) This section does not expand the authority of the Attorney

14 General to enter into a contract that the Attorney General does not otherwise

15 have the authority to execute.

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