2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 180 - Attorney General; Department of Justice › Section 180.095 - Department of Justice Protection and Education Revolving Account.

(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 and unlawful trade practices; 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 336.184 and 646.605 to 646.656;
(C) Actions commenced under ORS 59.331;
(D) Actions and suits under ORS 180.750 to 180.785;
(E) Actions and suits under ORS 646A.025; and
(F) Actions commenced under ORS 646A.589.
(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;
(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; and
(d) Any judgment, settlement, compromise or other recovery, the proceeds of which are used for purposes other than:
(A) For deposit into the Department of Justice Protection and Education Revolving Account; or
(B) For payment of legal costs related to the judgment, settlement, compromise or other recovery.
(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. [1965 c.194 §2; 1971 c.85 §6; 1975 c.446 §6; 1993 c.518 §1; 1999 c.184 §1; 2009 c.820 §§1,1a; 2019 c.643 §23; 2020 s.s.2 c.10 §32; 2023 c.369 §10; 2023 c.536 §8]
Note:
The amendments to 180.095 by section 10, chapter 369, Oregon Laws 2023, become operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023. The text that is operative until July 1, 2024, including amendments by section 8, chapter 536, Oregon Laws 2023, is set forth for the user’s convenience.
(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 and unlawful trade practices; 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 336.184 and 646.605 to 646.656;
(C) Actions commenced under ORS 59.331;
(D) Actions and suits under ORS 180.750 to 180.785; and
(E) Actions and suits under ORS 646A.025.
(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;
(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; and
(d) Any judgment, settlement, compromise or other recovery, the proceeds of which are used for purposes other than:
(A) For deposit into the Department of Justice Protection and Education Revolving Account; or
(B) For payment of legal costs related to the judgment, settlement, compromise or other recovery.
(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.