COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2396
(Reference to printed bill)
Page 8, line 13, after the period insert "On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the deposits into the state treasury made pursuant to this subsection in the previous calendar quarter.
Sec. 4. Section 44-1528, Arizona Revised Statutes, is amended to read:
44-1528. Remedies; injunction; other reliefs; receiver
A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in any practice declared to be unlawful by this article, he the attorney general may seek and obtain in an action in the superior court or in federal court an injunction prohibiting such the person from continuing such the practices or engaging in the practice or doing any acts in furtherance of the practice after notice as is required by the rules of civil procedure. The court may make such orders or judgments as may be necessary to:
1. Prevent the use or employment by a person of any unlawful practices.
2. Restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice in this article declared to be unlawful, including the appointment of a receiver.
3. Prohibit a person found to have violated this article from engaging in a specified trade or occupation.
B. Following an investigation made pursuant to section 44‑1524 and when it appears to the attorney general that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that such the person is about to conceal his the person's assets or his person the person's identity or leave the state, the attorney general may apply to the superior court or to federal court, ex parte, for an order appointing a receiver of the assets of such the person. Upon On a showing made by affidavit or other evidence that such the person has engaged in or is engaging in a practice declared to be unlawful by this article and that such the person is about to conceal his the person's assets or his person the person's identity or leave the state, the court may order the appointment of a receiver to receive the assets of such the person.
Sec. 5. Section 44-1531.01, Arizona Revised Statutes, is amended to read:
44-1531.01. Consumer protection-consumer fraud revolving fund; use of fund
A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the lapsing provisions of section 35‑190, relating to lapsing of appropriations.
B. Any investigative or court costs, attorney fees or civil penalties recovered for the state by the attorney general as a result of enforcement of either state or federal statutes pertaining to consumer protection or consumer fraud, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section, except that such the costs, penalties or fees recovered by a county attorney shall be retained in such the county and utilized for investigative operations for consumer protection in such the county.
C. The monies in the fund shall be used by the attorney general for operating expenses, including any cost or expense associated with the tobacco master settlement agreement arbitration, consumer fraud education and investigative and enforcement operations of the consumer protection division.
D. On or before January 15, April 15, July 15 and October 15, the attorney general shall cause to be filed file with the governor, with copies to the director of the department of administration, the president of the senate and, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund in the previous calendar quarter.
E. On or before January 15, April 15, July 15 and October 15, each county attorney who retains monies pursuant to subsection B of this section shall provide the county board of supervisors with a full and complete account of the receipts and disbursements of such the monies in the previous calendar quarter.
Sec. 6. Title 44, chapter 10, article 7, Arizona Revised Statutes, is amended by adding section 44-1531.02, to read:
44-1531.02. Consumer restitution and remediation revolving fund; subaccounts
A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the appropriate subaccount of the fund.
B. The consumer restitution subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general as the result of an order of a state or federal court, or as the result of a settlement or compromise, for the benefit of specific, identifiable persons for violations or alleged violations of consumer protection laws. The attorney general shall administer the subaccount. Monies in the subaccount are continuously appropriated. Monies in the subaccount are exempt from the provisions of section 35‑190, relating to lapsing of appropriations. The attorney general shall distribute monies in the subaccount to identifiable, specific persons as directed by a court order.
C. The consumer remediation subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general from a party as the result of an order of a state or federal court, or as the result of a settlement or compromise, for violations or alleged violations of consumer protection laws, other than monies collected for the benefit of specific, identifiable persons and monies for investigative or court costs, attorney fees or civil penalties deposited in the consumer protection-consumer fraud revolving fund pursuant to section 44-1531.01. The attorney general shall administer the subaccount. Monies in the subaccount are subject to legislative appropriation. Monies in the subaccount are exempt from the provisions of section 35‑190, relating to lapsing of appropriations. The attorney general may distribute monies in the subaccount for programs, including consumer fraud education programs, that are intended to rectify VIOLATIONS or alleged violations of consumer protection laws. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies in the subaccount.
D. On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund by subaccount in the previous calendar quarter."
Amend title to conform