1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3575 By: Pae
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6 AS INTRODUCED
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7 An Act relating to trusts and pools; amending 79 O.S.
7 2021, Sections 205 and 206, which relate to civil
8 actions for enforcement of the Oklahoma Antitrust
8 Reform Act; authorizing enforcement by Attorney
9 General; prescribing conditions with respect to
9 accrual of causes of action; authorizing imposition
10 of civil penalty; prescribing maximum amount;
10 providing for determinations by court with respect to
11 imposition of civil penalties; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 79 O.S. 2021, Section 205, is
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16 amended to read as follows:
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17 Section 205. A. 1. Any person who is injured, either directly
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18 or indirectly, in his or her business or property by a violation of
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19 this act, may obtain appropriate injunctive or other equitable
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20 relief and monetary damages and shall recover threefold the damages
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21 sustained, and the cost of suit, including a reasonable attorney
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22 fee. The Attorney General may bring an a civil action in the name
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23 of the state, any governmental or public entity, or as parens
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24 patriae on behalf of natural persons residing in the state injured,
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 1 either directly or indirectly, for appropriate injunctive or other
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2 equitable relief and to secure monetary damages for injury sustained
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3 by such natural persons to their business or property by reason of
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4 any violation of this act. The court shall exclude from the amount
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5 of the monetary damages awarded in such action any amount of
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6 monetary damages:
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7 a. which duplicates amounts which have been awarded for
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8 the same injury, or
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9 b. which is properly allocable to:
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10 (1) natural persons who have excluded their claims,
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11 and
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12 (2) any other persons.
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13 The court shall award the state as parens patriae threefold the
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14 total damages sustained and the cost of suit, including a reasonable
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15 attorney fee. Whenever the state is hereafter injured in its
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16 business or property by anything forbidden in this act, it may
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17 obtain appropriate injunctive or other equitable relief and monetary
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18 damages therefor and shall recover actual damages by it sustained
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19 and the cost of suit including a reasonable attorney fee. The court
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20 may award under this section, pursuant to a motion by such person or
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21 the state, simple interest on actual damages for the period
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22 beginning on the date of service of such person's or the state's
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23 pleading setting forth a claim under this act and ending on the date
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24 of judgment, or for any shorter period therein, if the court finds
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 1 that the award of such interest for such period is just in the
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2 circumstances. The Attorney General may bring an action on behalf
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3 of either the state or a political subdivision of the state when
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4 either is injured in its business or property by anything forbidden
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5 by the provisions of this act.
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6 2. In any civil action brought by the Attorney General as
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7 parens patriae, the Attorney General shall, at such times, in such
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8 manner, and with such content as the court may direct, cause notice
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9 thereof to be given by publication. Any person on whose behalf an
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10 action is brought may elect to exclude from adjudication the portion
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11 of the claim for monetary damages attributable to him or her by
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12 filing notice of this election with the court within the time
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13 specified in the notice given pursuant to this paragraph.
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14 3. In a civil action brought by the Attorney General as parens
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15 patriae, the final judgment shall be res judicata as to any claim
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16 under this section by any person on behalf of whom the action was
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17 brought and who fails to give notice within the period specified in
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18 the notice given pursuant to paragraph 2 of this subsection.
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19 B. Any person or governmental entity who or which obtains a
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20 judgment for damages under 15 U.S.C., Section 15 or any other
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21 provision of federal law comparable to this section may not recover
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22 damages in a suit under this section based on substantially the same
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23 conduct that was the subject of the federal suit.
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 1 C. Any action to recover damages under this section is barred
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2 unless commenced within four (4) years after the claim accrued or
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3 was discovered, whichever is later. For purposes of the Oklahoma
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4 Antitrust Reform Act, a cause of action accrues:
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5 1. When the circumstances giving rise to the cause of action
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6 are discovered or should have been discovered in the exercise of
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7 reasonable diligence; or
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8 2. On the date that the last in a series of acts or practices
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9 in violation of the Oklahoma Antitrust Reform Act occurred,
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10 including any acquisitions or series of acquisitions that, in the
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11 aggregate may constitute a violation of the Oklahoma Antitrust
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12 Reform Act.
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13 D. Except as expressly provided in paragraphs 1 and 2 of
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14 subsection C of this section, no other limitation terminates the
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15 period within which the Attorney General may file an action for a
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16 violation of the Oklahoma Antitrust Reform Act.
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17 SECTION 2. AMENDATORY 79 O.S. 2021, Section 206, is
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18 amended to read as follows:
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19 Section 206. A. Any person, other than a municipal
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20 corporation, who violates Section 3, 4, or 8 of Enrolled Senate Bill
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21 No. 1357 of the 2nd Session of the 46th Oklahoma Legislature is
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22 guilty of a Schedule G felony, if the offense occurs on or after the
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23 effective date of Section 20.1 of Title 21 of the Oklahoma Statutes.
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24 If the offense is committed prior to the effective date of Section
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 1 20.1 of Title 21 of the Oklahoma Statutes, the crime shall be
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2 punishable by incarceration in the custody of the Department of
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3 Corrections for not more than ten (10) years. A violator shall,
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4 upon conviction, be subject to a fine not to exceed Ten Thousand
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5 Dollars ($10,000.00) per violation.
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6 B. The Attorney General or any district attorney may file a
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7 criminal information or seek a criminal indictment to enforce the
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8 provisions of subsection A of this section.
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9 C. The Attorney General may bring a civil action on behalf of
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10 the state to seek the imposition of a civil penalty for any
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11 violation of the Oklahoma Antitrust Reform Act. The court, upon
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12 finding a violation of the Oklahoma Antitrust Reform Act, shall
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13 impose a civil penalty to be paid to the General Revenue Fund of the
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14 state in an amount not to exceed One Million Dollars ($1,000,000.00)
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15 for each such violation. In determining the amount of a civil
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16 penalty, the court shall consider, among other things:
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17 1. The nature and extent of the violation;
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18 2. The number of consumers affected by the violation;
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19 3. Whether the violation was an isolated incident or a
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20 continuous pattern and practice of behavior;
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21 4. Whether the violation was the result of willful conduct;
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22 5. Whether the defendant took affirmative steps to conceal such
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23 violations; and
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 1 6. Whether, given the size and wealth of the defendant, the
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2 civil penalty will be an effective deterrent against future
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3 violations.
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4 SECTION 3. This act shall become effective November 1, 2024.
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6 59-2-9031 MAH 12/29/23
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