75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to RC to B-Eng. SB 797
LC 2873/SB 797-B9
HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
B-ENGROSSED SENATE BILL 797
By JOINT COMMITTEE ON WAYS AND MEANS
June 29
On page 1 of the printed B-engrossed bill, line 3, after '
646A.284' insert 'and section 7, chapter 292, Oregon Laws 2009
(Enrolled House Bill 2264); repealing section 10, chapter 292,
Oregon Laws 2009 (Enrolled House Bill 2264)'.
On page 2, after line 42, insert:
' { + SECTION 1a. + } { + If House Bill 2264 becomes law,
section 10, chapter 292, Oregon Laws 2009 (Enrolled House Bill
2264) (amending ORS 180.095), is repealed and ORS 180.095, as
amended by section 1 of this 2009 Act, is amended to read: + }
' 180.095. (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 { - . - } { + ; and
' (E) Actions and suits under sections 1 to 8, chapter 292,
Oregon Laws 2009 (Enrolled House Bill 2264). + }
' (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 proceedings described in subsection (1)(c)
of this section shall, upon receipt, be deposited with the State
Treasurer to the credit of the 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
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 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 April 1 of each odd-numbered year, the Department
of Justice shall report to the Joint Committee on Ways and Means:
' (a) The department's projection of the balance in the
Department of Justice Protection and Education Revolving Account
at the end of the biennium in which the report is made and at the
end of the following biennium;
' (b) The amount of the balance held for restitution and
refunds; and
' (c) An estimate of the department's anticipated costs and
expenses under subsection (1)(b) and (c) of this section for the
biennium in which the report is made and for the following
biennium.
' (6) The Joint Committee on Ways and Means, after
consideration of recommendations made by the Department of
Justice, shall use the information reported under subsection (5)
of this section to determine an appropriate balance for the
revolving account.
' { + SECTION 1b. + } Section 7, chapter 292, Oregon Laws
2009 (Enrolled House Bill 2264), is amended to read:
' { + Sec. 7. + } (1) If a judgment is entered in favor of
the state under section 3 { + , chapter 292, Oregon Laws 2009
(Enrolled House Bill 2264) + } { - of this 2009 Act - } , the
Attorney General shall first apply amounts collected under the
judgment to reimburse the state for the costs, attorney fees and
expenses, including investigative costs, incurred as a result of
the violation of section 2 { + , chapter 292, Oregon Laws 2009
(Enrolled House Bill 2264) + } { - of this 2009 Act - } .
' (2) After reimbursement under subsection (1) of this section,
amounts collected under the judgment must be paid to any public
agency or fund that suffered a loss by reason of the violation of
section 2 { + , chapter 292, Oregon Laws 2009 (Enrolled House
Bill 2264) + } { - of this 2009 Act - } .
' (3) Any amount remaining after distribution as provided in
subsections (1) and (2) of this section must be deposited in the
{ - Consumer - } { + Department of Justice + } Protection and
Education Revolving Account.'.
On page 5, after line 22, insert:
' { + SECTION 7. + } If House Bill 2264 becomes law, section
5 of this 2009 Act is amended to read:
' { + Sec. 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 - } { +
sections 1 and 1a + } of this 2009 Act.
' { + SECTION 8. + } If House Bill 2264 becomes law, section
6 of this 2009 Act is amended to read:
' { + Sec. 6. + } The amendments to ORS 180.095 by
{ - section 1 - } { + sections 1 and 1a + } 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.'.
In line 23, delete '7' and insert '9'.
----------