72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 364
A-Engrossed
House Bill 3329
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
General Hardy Myers)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes Department of Justice to initiate and participate in
efforts to prepare for, and to assist in, delivery of services to
individuals traumatized by acts of mass violence.
{ + Authorizes Attorney General to bring class action in
which some class members are not agencies or officers of state or
political subdivision of state.
Modifies Attorney General's duties relating to federal do not
call registry.
Declares emergency, effective September 1, 2003. + }
A BILL FOR AN ACT
Relating to Department of Justice; creating new provisions;
amending ORS 180.060, 646.569 and 646.572; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS 147.005 to 147.365. + }
SECTION 2. { + (1) The Department of Justice may initiate and
participate in planning, training and organizational efforts
intended to prepare to deliver services to individuals
traumatized by an act of war, terrorism or sabotage or a criminal
act that results in the death of, or physical injury to, numerous
individuals or that results in the massive destruction of
property.
(2) The department may assist in delivering services to
individuals traumatized by an act of war, terrorism or sabotage
or a criminal act that results in the death of, or physical
injury to, numerous individuals or that results in the massive
destruction of property. + }
SECTION 3. ORS 180.060 is amended to read:
180.060. (1) The Attorney General shall:
(a) Appear for the state in the trial of all civil and criminal
causes in the Supreme Court or the Court of Appeals in which the
state may be directly or indirectly interested.
(b) Appear for the state, when required by the Governor or the
legislature, in any court or tribunal in any cause in which the
state is a party or in which the state is directly interested.
(c) Appear, commence, prosecute or defend for the state all
causes or proceedings in the Supreme Court or the Court of
Appeals in which the state is a party or interested.
(d) Appear, commence, prosecute or defend any action, suit,
matter, cause or proceeding in any court when requested by any
state officer, board or commission when, in the discretion of the
Attorney General, the same may be necessary or advisable to
protect the interests of the state.
(2) The Attorney General shall give opinion in writing, when
requested, upon any question of law in which the State of Oregon
or any public subdivision { - thereof - } { + of the
state + } may have an interest, submitted to the Attorney General
by the Governor, any officer, department, agency, board or
commission of the state or any member of the legislature.
(3)(a) Except as provided in paragraph (b) of this subsection,
the Attorney General { - shall - } { + may + } not render
opinions or give legal advice to others than { - such - }
{ + the + } state officers listed in subsection (2) of this
section.
(b) The Attorney General may, at the request of a state officer
listed in subsection (2) of this section { - , - } { + :
(A) + } Render an opinion to an officer, agency or
instrumentality of the federal government if the Attorney General
determines that providing the opinion is necessary to meet a
condition for assumption by the state of administrative or
enforcement responsibilities under federal law.
{ + (B) Represent the state, an agency or officer of state
government as defined in ORS 174.111 or a political subdivision
of the state as a lead plaintiff or representative party in a
class action in which the putative class members include persons
that are not agencies or officers of state government as defined
in ORS 174.111 or political subdivisions of the state. + }
(4) The Attorney General shall consult with, advise and direct
the district attorneys in all criminal causes and matters
relating to state affairs in their respective counties. The
Attorney General may require their aid and assistance in all
matters pertaining to the duties of the Attorney General in their
respective counties and may, in any case brought to the Supreme
Court or the Court of Appeals from their respective counties,
demand and receive assistance of the district attorney from whose
county such case or matter is brought.
(5) The Attorney General shall, when requested, perform all
legal services for the state or any department or officer of the
state.
(6) The Attorney General shall have all the power and authority
usually appertaining to such office and shall perform the duties
otherwise required of the Attorney General by law.
(7) The Attorney General shall assign to each agency,
department, board or commission an assistant who shall be
{ - its - } { + the + } counsel responsible for
{ - insuring - } { + ensuring + } the performance of the legal
services requested by { - such - } { + the + } agency,
department, board or commission. The counsel shall be a person
trained in the
{ - law concerning such - } { + laws affecting the + }
agency, department, board or commission and shall be approved by
the chief administrator
{ - thereof, provided, however, such approval shall not be
unreasonably withheld. Such approval may be withdrawn at any time
by - } { + of the agency, department, board or commission. + }
The chief administrator { - and thereupon - } { + may not
unreasonably withhold approval of the assistant. If the chief
administrator withdraws approval, + } the Attorney General shall
assign replacement counsel to the agency, department, board or
commission.
(8) The Attorney General { - shall - } { + may + } not
appear { + in an action, suit, matter, cause or proceeding in a
court or before a regulatory body + } on behalf of { - any - }
{ + an + } officer, { - department, - } agency,
{ + department, + } board or commission without { - its
consent in any action, suit, matter, cause or proceeding in any
court or before any other federal or state regulatory body - }
{ + the consent of the officer, agency, department, board or
commission + }.
(9) The responsibility of establishing policies for each
agency, department, board or commission shall rest upon the chief
administrator { - thereof - } { + of the agency, department,
board or commission + }.
SECTION 4. ORS 646.569 is amended to read:
646.569. (1) A person may not engage in the telephone
solicitation of a party at a telephone number included on the
then current list { + :
(a) + } Published by the administrator of the telephone
solicitation program established under ORS 646.572 and
646.574 { + ; or
(b) If the Attorney General has designated a federal 'do not
call' registry under ORS 646.572, made available by the federal
agency that maintains the registry + }.
(2) For purposes of this section:
(a) 'Predecessor of a business enterprise' means a financial
institution as defined in 15 U.S.C. 6827 that has:
(A) Merged with or been acquired by the business enterprise for
which the person is calling; or
(B) Sold or assigned an account of a party who has previously
purchased from the business enterprise, to the business
enterprise for which the person is calling.
(b) 'Telephone solicitation' does not include a person
soliciting business from prospective purchasers who have
previously purchased from:
(A) The person making the solicitation;
(B) The business enterprise for which the person is calling; or
(C) A predecessor of the business enterprise for which the
person is calling.
SECTION 5. ORS 646.572 is amended to read:
646.572. { + (1) + } The Attorney General { - shall - }
{ + may:
(a) + } Advertise for bids and enter into a contract with a
person to act as the administrator of the telephone solicitation
program described in ORS 646.574 { + ; or
(b) Designate a federal 'do not call' registry, including but
not limited to the registry maintained by the Federal Trade
Commission under 16 C.F.R. 310 + }.
{ + (2) + } The { + Attorney General may include in the + }
contract { - may include - } { + with the administrator + }
any provision that the Attorney General determines is in the
public interest.
{ + (3) If the Attorney General receives a request from a
party to register the party's telephone number on the federal 'do
not call' registry, the Attorney General shall forward the
request to the federal agency that maintains the registry. + }
SECTION 6. { + The amendments to ORS 180.060 by section 3 of
this 2003 Act apply to actions commenced before, on or after the
effective date of this 2003 Act. + }
SECTION 7. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect September 1,
2003. + }
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