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2005 Session

Budget Amendments - HB1500 (Member Request)

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Chief Patron: Dudley
Consumer Advocacy Revolving Trust Fund

Item 51 #1h

Item 51 #1h

First Year - FY2005 Second Year - FY2006
Executive Offices
Attorney General and Law, Department Of FY2005 $500,000 FY2006 $500,000 NGF

Language
Page 32, line 40, strike "$1,938,429" and insert "$2,438,429".
Page 32, line 40, strike "$1,938,429" and insert "$2,438,429".
Page 32, line 45, strike "$750,000" and insert "$1,250,000".
Page 32, line 46, strike "750,000" and insert "1,250,000".
Page 32, line 47, strike "and" and insert ",".
Page 32, line 47, after "Advocacy" insert ", Litigation, and Enforcement".
Page 33, line 2, after "1994" insert, "and amended herein".
Page 33, line 3, after "fees," insert "civil penalties, costs,".
Page 33, line 6, after "litigation" insert:
", litigation in which the Office of the Attorney General participates, or civil enforcement effort including, but not limited to, those brought 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, the Code of Virginia.  The Department of Law is also authorized to deposit to the Fund any attorneys' fees which from time to time may be obtained."
Page 33, line 9, strike "$750,000" and insert "$1,250,000".
Page 33, line 11, after "fund.", insert:
"In addition to the uses of the Fund permitted by Item 48 of Chapter 966, 1994 Acts of the Assembly, the Fund 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 fund dollars deposited in Regulatory and Consumer Advocacy Revolving Trust Fund, as established in Item 48 of Chapter 966, 1994 Acts of Assembly, by $500,000 each year. Attached is additional budget language that amends the title of the fund, authorizes the Attorney General to deposit into the fund civil penalties, costs, and other items recovered from enforcement, regulatory, and consumer advocacy litigation, and authorizes the deposit of any attorneys' fees received by the Attorney General into the fund. The amendment also authorizes the Attorney General to pay costs and litigation expenses associated with enforcement efforts pursuant to Article 5 (§ 3.1-336.1 et seq., Code of Virginia) and costs associated with civil commitment procedures. The Attorney General will use the fund's proceeds to represent the interests of electricity consumers in Regional Transmission Entity stakeholder processes, cover the costs associated with civil commitment of violent sexual predators, and enforce the tobacco escrow statute, which is necessary to maintain the Commonwealth's revenue stream from the Master Settlement Agreement.)