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, 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 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies);
(C)Criminal prosecutions under state and federal environmental laws;
(D)Actions commenced under ORS 59.331 (Scope of Attorney General powers); and
(E)Actions and suits under ORS 180.750 (Definitions) to 180.785 (Remedy not exclusive).
(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 (Civil penalties), 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]
Notes of Decisions
State Accident Insurance Fund Corporation is subject to the provisions of this chapter relating to legal representation. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)
Atty. Gen. Opinions
Legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state officer or agency, (1989) Vol 46, p 155