74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 65
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of State Treasurer Randall
Edwards)
CHAPTER ................
AN ACT
Relating to authority of Attorney General to represent parties in
class actions; creating new provisions; and amending ORS
180.060.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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,
{ + department, + } board or commission of the state or any
member of the legislature.
(3)(a) Except as provided in paragraph (b) of this subsection
{ + and subsection (4) of this section + }, the Attorney
General { - shall - } { + may + } not render opinions or give
legal advice to { - others - } { + persons other + } 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, render an opinion to an
officer, agency or instrumentality of the federal government if
the Attorney General determines that providing the opinion is
Enrolled Senate Bill 65 (SB 65-INTRO) Page 1
necessary to meet a condition for assumption by the state of
administrative or enforcement responsibilities under federal law.
{ + (4) The Attorney General may represent the state or any
agency or officer of the state who appears as the lead plaintiff
or a representative party in a class action involving a claim
relating to a security, as defined in ORS 59.015, even if one or
more members are persons that the Attorney General may not
otherwise represent or advise pursuant to this section. + }
{ - (4) - } { + (5) + } 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) - } { + (6) + } The Attorney General shall, when
requested, perform all legal services for the state or any
department or officer of the state.
{ - (6) - } { + (7) + } 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) - } { + (8) + } 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 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) - } { + (9) + } 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) - } { + (10) + } The responsibility { - of - }
{ + for + } establishing policies for each agency, department,
board or commission shall rest upon the chief administrator
{ - thereof - } { + of the agency, department, board or
commission + }.
SECTION 2. { + The amendments to ORS 180.060 by section 1 of
this 2007 Act apply to actions commenced before, on or after the
effective date of this 2007 Act. + }
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Enrolled Senate Bill 65 (SB 65-INTRO) Page 2
Passed by Senate March 5, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 10, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 65 (SB 65-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 65 (SB 65-INTRO) Page 4