75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 797
LC 2873/SB 797-6
SENATE AMENDMENTS TO
SENATE BILL 797
By COMMITTEE ON JUDICIARY
May 1
On page 1 of the printed bill, line 2, after 'Justice; ' insert
'creating new provisions;'.
Delete lines 5 through 30.
On page 2, delete lines 1 through 14 and insert:
' { + SECTION 1. + } ORS 180.095 is amended to read:
' 180.095. { - (1) There hereby is appropriated out of the
General Fund in the State Treasury $250,000 for the purpose of
providing funds to pay for personal services, travel, meals and
lodging, and all costs, disbursements and other litigation
expenses incurred by the Department of Justice in preparing,
commencing and prosecuting actions and suits under the state and
federal antitrust laws and under ORS 646.605 to 646.656. - }
' { - (2) The money appropriated by subsection (1) of this
section shall be transferred to an account in the General Fund in
the State Treasury to be known as the Consumer Protection and
Education Revolving Account. All moneys in such revolving account
are appropriated and constitute a continuous appropriation out of
the General Fund for the purposes of this section. The creation
of the revolving account shall not require an allotment or
allocation of moneys pursuant to ORS 291.234 to 291.260. - }
' { + (1) The Department of Justice Protection and Education
Revolving Account is created in the General Fund. All moneys in
the account are continuously appropriated to the Department of
Justice and may be used to pay for only the following activities:
' (a) Restitution and refunds in proceedings described in
paragraph (c) of this subsection;
' (b) Consumer and business education relating to the laws
governing antitrust, unlawful trade practices and the
environment; and
' (c) Personal services, travel, meals, lodging and all other
costs and expenses incurred by the department in investigating,
preparing, commencing and prosecuting the following actions and
suits, and enforcing judgments, settlements, compromises and
assurances of voluntary compliance arising out of the following
actions and suits:
' (A) Actions and suits under the state and federal antitrust
laws;
' (B) Actions and suits under ORS 646.605 to 646.656;
' (C) Criminal prosecutions under state and federal
environmental laws; and
' (D) Actions commenced under ORS 59.331.
' (2) Moneys in the Department of Justice Protection and
Education Revolving Account are not subject to allotment. Upon
request of the Attorney General, the State Treasurer shall create
subaccounts within the account for the purposes of managing
moneys in the account and allocating those moneys to the
activities described in subsection (1) of this section. + }
' (3) { + Except as otherwise provided by law, + } all sums of
money received by the Department of Justice under a judgment,
settlement, compromise or assurance of voluntary compliance,
including damages, { + restitution, refunds, + } attorney fees,
costs, disbursements and other recoveries, but excluding civil
penalties under ORS 646.642, in { - actions and suits under the
state and federal antitrust laws and ORS 646.605 to 646.656 - }
{ + proceedings described in subsection (1)(c) of this
section + } shall, upon receipt, be deposited with the State
Treasurer to the credit of the { - Consumer - }
{ + Department of Justice + } Protection and Education Revolving
Account. However, if the action or suit was based on an
expenditure or loss from a public body or a dedicated fund, the
amount of such expenditure or loss, after deduction of attorney
fees and expenses awarded to the department { - of Justice - }
by the court or agreed to by the parties, if any, shall be
credited to the public body or dedicated fund and the remainder
thereof credited to the { - Consumer - } { + Department of
Justice + } Protection and Education Revolving Account.
' { + (4) If the Department of Justice recovers restitution
or refunds in a proceeding described in subsection (1)(c) of this
section, and the department cannot determine the persons to whom
the restitution or refunds should be paid or the amount of the
restitution or refund payable to individual claimants is de
minimis, the restitution or refunds may not be deposited in the
Department of Justice Protection and Education Revolving Account
and shall be deposited in the General Fund.
' (5) Before July 1 of every second odd-numbered year, the
Department of Justice shall estimate the department's anticipated
costs and expenses under subsection (1)(b) and (c) of this
section for the subsequent two biennia. If at any time the
department determines that the balance in the Department of
Justice Protection and Education Revolving Account, exclusive of
amounts held as restitution or refunds, exceeds the estimated
costs and expenses for the four-year period, the department shall
deposit the excess funds in the General Fund. + } ' .
On page 4, after line 30, insert:
' { + SECTION 5. + } { + On the effective date of this 2009
Act, the State Treasurer shall transfer all funds in the Consumer
Protection and Education Revolving Account into the Department of
Justice Protection and Education Revolving Account created by the
amendments to ORS 180.095 by section 1 of this 2009 Act. Amounts
transferred under this section may be used for the purposes
specified by ORS 180.095, as amended by section 1 of this 2009
Act. + }
' { + SECTION 6. + } { + The amendments to ORS 180.095 by
section 1 of this 2009 Act apply only to judgments entered on or
after the effective date of this 2009 Act and to settlements,
compromises and assurances of voluntary compliance entered into
on or after the effective date of this 2009 Act. + }
' { + SECTION 7. + } { + The Department of Justice shall
prepare the first estimate required under ORS 180.095 (5) before
July 1, 2009, or, if this 2009 Act does not take effect until on
or after July 1, 2009, the Department of Justice shall prepare
the first estimate required under ORS 180.095 (5) as soon as
possible after the effective date of this 2009 Act. + } ' .
In line 31, delete '5' and insert '8'.
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