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ENGR. H. B. NO. 1415 Page 1
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ENGROSSED HOUSE
BILL NO. 1415 By: West (Josh), Hefner and
Fugate of the House
and
Thompson of the Senate
An Act relating to trusts and pools; amending 79 O.S.
2021, Sections 205 and 206, which relate to the
Oklahoma Antitrust Reform Act; providing for accrual
of cause of action; providing for enforcement of
provisions by Attorney General; authorizing civil
penalty; providing for apportionment of revenue to
General Revenue Fund; prescribing standards for
determination of penalty amount; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 79 O.S. 2021, Section 205, is
amended to read as follows:
Section 205. A. 1. Any person who is injured, either directly
or indirectly, in his or her business or property by a violation of
this act, may obtain appropriate injunctive or other equitable
relief and monetary damages and shall recover threefold the damages
sustained, and the cost of suit, including a reasonable attorney
fee. The Attorney General may bring an a civil action in the name
of the state, any governmental entity, or as parens patriae on
behalf of natural persons residing in the state injured, either
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directly or indirectly, for appropriate injunctive or other
equitable relief and to secure monetary damages for injury sustained
by such natural persons to their business or property by reason of
any violation of this act. The court shall exclude from the amount
of the monetary damages awarded in such action any amount of
monetary damages:
a. which duplicates amounts which have been awarded for
the same injury, or
b. which is properly allocable to:
(1) natural persons who have excluded their claims,
and
(2) any other persons.
The court shall award the state as parens patriae threefold the
total damages sustained and the cost of suit, including a reasonable
attorney fee. Whenever the state is hereafter injured in its
business or property by anything forbidden in this act, it may
obtain appropriate injunctive or other equitable relief and monetary
damages therefor and shall recover actual damages by it sustained
and the cost of suit including a reasonable attorney fee. The court
may award under this section, pursuant to a motion by such person or
the state, simple interest on actual damages for the period
beginning on the date of service of such person's or the state's
pleading setting forth a claim under this act and ending on the date
of judgment, or for any shorter period therein, if the court finds
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that the award of such interest for such period is just in the
circumstances. The Attorney General may bring an action on behalf
of either the state or a political subdivision of the state when
either is injured in its business or property by anything forbidden
by the provisions of this act.
2. In any civil action brought by the Attorney General as
parens patriae, the Attorney General shall, at such times, in such
manner, and with such content as the court may direct, cause notice
thereof to be given by publication. Any person on whose behalf an
action is brought may elect to exclude from adjudication the portion
of the claim for monetary damages attributable to him or her by
filing notice of this election with the court within the time
specified in the notice given pursuant to this paragraph.
3. In a civil action brought by the Attorney General as parens
patriae, the final judgment shall be res judicata as to any claim
under this section by any person on behalf of whom the action was
brought and who fails to give notice within the period specified in
the notice given pursuant to paragraph 2 of this subsection.
B. Any person or governmental entity who or which obtains a
judgment for damages under 15 U.S.C., Section 15 or any other
provision of federal law comparable to this section may not recover
damages in a suit under this section based on substantially the same
conduct that was the subject of the federal suit.
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C. Any action to recover damages under this section is barred
unless commenced within four (4) years after the claim accrued or
was discovered, whichever is later.
For purposes of the Oklahoma Antitrust Reform Act, a cause of
action accrues:
1. When the circumstances giving rise to the cause of action
are discovered or should have been discovered in the exercise of
reasonable diligence; or
2. On the date that the last in a series of acts or practices
in violation of the Oklahoma Antitrust Reform Act occurred,
including any acquisitions or series of acquisitions that, in the
aggregate, may constitute a violation of the Oklahoma Antitrust
Reform Act.
SECTION 2. AMENDATORY 79 O.S. 2021, Section 206, is
amended to read as follows:
Section 206. A. Any person, other than a municipal
corporation, who violates Section 3, 4, or 8 of Enrolled Senate Bill
No. 1357 of the 2nd Session of the 46th Oklahoma Legislature is
guilty of a Schedule G felony, if the offense occurs on or after the
effective date of Section 20.1 of Title 21 of the Oklahoma Statutes.
If the offense is committed prior to the effective date of Section
20.1 of Title 21 of the Oklahoma Statutes, the crime shall be
punishable by incarceration in the custody of the Department of
Corrections for not more than ten (10) years. A violator shall,
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upon conviction, be subject to a fine not to exceed Ten Thousand
Dollars ($10,000.00) per violation.
B. The Attorney General or any district attorney may file a
criminal information or seek a criminal indictment to enforce the
provisions of subsection A of this section.
C. The Attorney General may bring a civil action on behalf of
the state to seek the imposition of a civil penalty for any
violation of the Oklahoma Antitrust Reform Act. The court, upon
finding a violation of the Oklahoma Antitrust Reform Act, shall
impose a civil penalty to be paid to the General Revenue Fund of the
state in an amount not to exceed One Million Dollars ($1,000,000.00)
for each such violation. In determining the amount of a civil
penalty, the court shall consider, among other things:
1. The nature and extent of the violation;
2. The number of consumers affected by the violation;
3. Whether the violation was an isolated incident or a
continuous pattern and practice of behavior;
4. Whether the violation was the result of willful conduct;
5. Whether the defendant took affirmative steps to conceal such
violations; and
6. Whether, given the size and wealth of the defendant, the
civil penalty will be an effective deterrent against future
violations.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate