Chief Patron: Tata
Regulatory and Consumer Advocacy Fund (language only)

Item 51 #1h

Language
Page 30, strike lines 32 through 45 and insert:
"A.  Included in this item is $1,250,000 the first year and $1,250,000 the second year in special funds for the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund as established in Item 48 of Chapter 966 of the Acts of Assembly of 1994 and amended herein.  The Department of Law is authorized to deposit to the Fund any fees, civil penalties, recoveries, or other moneys which from time to time may become available as a result of regulatory and consumer advocacy litigation or enforcement efforts pursuant to Article 5 (§ 3.1-336.1 et seq.) and Article 6 (§ 3.1-336.3 et seq.) of Chapter 18 of Title 3.1, Code of Virginia.  In addition, the Department of Law is authorized to deposit to the Fund any attorneys' fees which from time to time may be obtained.  Any deposit to, and interest earnings on, the Fund shall be retained in the Fund, provided, however, that any amounts contained in the Fund which exceed $1,250,000 on the final day of the fiscal year shall be deposited to the credit of the general fund.  In addition to the uses of the Fund permitted by Item 48 of Chapter 966 of the Acts of Assembly of 1994, a portion of the Fund not to exceed $500,000 may be used to pay costs associated with enforcement efforts pursuant to Article 5 (§ 3.1-336.1 et seq.) and Article 6 (§ 3.1-336.3 et seq.) of Chapter 18 of Title 3.1, Code of Virginia, costs associated with litigation initiated by the Office of the Attorney General, and costs associated with civil commitment procedures pursuant to Article 1.1 (§ 37.1-70.1 et. seq) of Chapter 2 of Title 37.1, Code of Virginia."

Explanation
(This amendment increases the amount of special funds deposited in the Regulatory and Consumer Advocacy Revolving Trust Fund by $500,000 each year. Additional language amends the title of the fund and authorizes the Office of the Attorney General to deposit into the Fund civil penalties and attorneys fees recovered from regulatory and consumer advocacy litigation. The amendment also authorizes the Attorney General's office to pay costs and litigation expenses associated with enforcement efforts pursuant to §3.1-336.1 et seq., Code of Virginia, and costs associated with civil commitment procedures. A companion amendment changes the amounts in Miscellaneous Transfers to reflect the increase the fund amounts that can be retained.)