77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1280
House Bill 2077
Sponsored by Representative GREENLICK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Directs State Board of Pharmacy to adopt rules making nicotine
Schedule III controlled substance. Provides for phase-in of
penalties by board.
Creates crime of unlawful possession of nicotine, effective
until rules adopted. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both.
Creates crime of unlawful distribution of nicotine, effective
until rules adopted. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both.
A BILL FOR AN ACT
Relating to tobacco; creating new provisions; amending ORS
163.575, 163.580, 323.500, 323.709, 339.883, 431.853, 433.835,
433.847, 475.035, 476.755, 809.380 and 809.423 and section 2,
chapter 50, Oregon Laws 2012; and repealing ORS 167.400,
167.401, 167.402, 167.404, 167.407, 431.840, 431.845 and
431.850.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) The State Board of Pharmacy may not
adopt rules that exempt a product containing nicotine from
classification as a controlled substance.
(b) The board shall adopt rules to classify nicotine as a
Schedule III controlled substance.
(2) Records of transactions involving products containing
nicotine are subject to inspection by the board and law
enforcement agencies. A person required to make or maintain
records of transactions involving products containing nicotine
shall forward the records to the Department of State Police if
directed to do so by the department. Failure to forward records
as required by this subsection is a Class A misdemeanor. + }
SECTION 2. { + No later than July 1, 2014, the State Board of
Pharmacy shall make amendments to the board's administrative
rules that are necessary to bring the rules into compliance with
section 1 of this 2013 Act. The board shall provide that rules or
amendments to rules required by this section take effect on July
1, 2014. + }
SECTION 3. { + For the period beginning on the effective date
of this 2013 Act and ending on the date the rules required by
section 2 of this 2013 Act take effect:
(1) The State Board of Pharmacy may adopt rules placing
requirements and limitations on the sale or transfer of products
containing nicotine.
(2) If the board requires a person who sells or transfers
products containing nicotine to make or maintain records relating
to the sale or transfer, the records are subject to inspection by
the board and law enforcement agencies. A person required to make
or maintain records pursuant to rules adopted under this section
shall forward the records to the Department of State Police if
directed to do so by the department. Failure to make or maintain
records required by rules adopted under this section or to
forward records as required by this subsection is a Class A
misdemeanor.
(3) Notwithstanding subsection (1) of this section, the board
may not require a licensed veterinarian or physician or other
licensed health care practitioner authorized to prescribe
nicotine to make or maintain a record of the sale or transfer of
products containing nicotine if the veterinarian, physician or
other health care practitioner makes and maintains a record of
the sale or transfer under other applicable laws or rules
regarding prescribing and dispensing regulated or controlled
substances by veterinarians, physicians and other health care
practitioners.
(4)(a) Except as otherwise provided in paragraphs (b) and (c)
of this subsection, a person commits the crime of unlawful
possession of nicotine if the person knowingly possesses more
than 0.1 milligram of nicotine.
(b) Paragraph (a) of this subsection does not apply to a person
who possesses nicotine obtained directly from or pursuant to a
valid prescription or order issued by a practitioner as defined
in ORS 475.005 while acting in the course of professional
practice.
(c) Paragraph (a) of this subsection does not apply to a
veterinarian, physician, pharmacist, retail distributor,
wholesaler, manufacturer, warehouse operator or common carrier or
an agent of any of these persons if the possession is in the
regular course of lawful business activities.
(d) Unlawful possession of nicotine is a Class A misdemeanor.
(5)(a) A person commits the crime of unlawful distribution of
nicotine if the person sells or otherwise transfers nicotine:
(A) In violation of a rule of the board; or
(B) To a person other than:
(i) A person with a valid prescription or order for nicotine
issued by a practitioner as defined in ORS 475.005 while acting
in the course of professional practice; or
(ii) A veterinarian, physician, pharmacist, retail distributor,
wholesaler, manufacturer, warehouse operator or common carrier or
an agent of any of these persons in the regular course of lawful
business activities.
(b) Unlawful distribution of nicotine is a Class A
misdemeanor. + }
SECTION 4. { + It is an affirmative defense to a charge of
violating ORS 475.752 by possessing nicotine that the person
obtained the nicotine directly from or pursuant to a valid
prescription or order issued by a practitioner as defined in ORS
475.005 while acting in the course of professional practice. + }
SECTION 5. ORS 163.575 is amended to read:
163.575. (1) A person commits the crime of endangering the
welfare of a minor if the person knowingly:
(a) Induces, causes or permits an unmarried person under 18
years of age to witness an act of sexual conduct or
sadomasochistic abuse as defined by ORS 167.060; { - or - }
(b) Permits a person under 18 years of age to enter or remain
in a place where unlawful activity involving controlled
substances is maintained or conducted; { - or - }
(c) Induces, causes or permits a person under 18 years of age
to participate in gambling as defined by ORS 167.117; or
{ - (d) Distributes, sells, or causes to be sold, tobacco in
any form to a person under 18 years of age; or - }
{ - (e) - } { + (d) + } Sells to a person under 18 years of
age any device in which tobacco, marijuana, cocaine or any
controlled substance, as defined in ORS 475.005, is burned and
the principal design and use of which is directly or indirectly
to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke
from any controlled substance into the human body including but
not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor
pipes, electric pipes, air driven pipes, corncob pipes,
meerschaum pipes and ceramic pipes, with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) Cocaine free basing kits.
(2) Endangering the welfare of a minor { - by violation of
subsection (1)(a), (b), (c) or (e) of this section, involving
other than a device for smoking tobacco, - } is a Class A
misdemeanor.
{ - (3) Endangering the welfare of a minor by violation of
subsection (1)(d) of this section or by violation of subsection
(1)(e) of this section, involving a device for smoking tobacco,
is a Class A violation. - }
SECTION 6. ORS 163.580 is amended to read:
163.580. (1) Any person who sells any of the smoking devices
listed in ORS 163.575 { - (1)(e) - } { + (1)(d) + } shall
display a sign clearly stating that the sale of such devices to
persons under 18 years of age is prohibited by law.
(2) Any person who violates this section commits a Class B
violation.
SECTION 7. ORS 323.500 is amended to read:
323.500. As used in ORS 323.500 to 323.645, unless the context
otherwise requires:
(1) 'Business' means any trade, occupation, activity or
enterprise engaged in for the purpose of selling or distributing
tobacco products in this state.
(2) 'Cigar' means a roll for smoking that is of any size or
shape and that is made wholly or in part of tobacco, irrespective
of whether the tobacco is pure or flavored, adulterated or mixed
with any other ingredient, if the roll has a wrapper made wholly
or in greater part of tobacco and if 1,000 of these rolls
collectively weigh more than three pounds. 'Cigar' does not
include a cigarette, as defined in ORS 323.010.
(3) 'Consumer' means any person who purchases tobacco products
in this state for the person's use or consumption or for any
purpose other than for reselling the tobacco products to another
person.
(4) 'Contraband tobacco products' means tobacco products or
packages containing tobacco products:
(a) That do not comply with the requirements of ORS 323.500 to
323.645;
(b) That do not comply with the requirements of the tobacco
products tax laws of the federal government or of other states;
(c) That bear trademarks that are counterfeit under ORS 647.135
or other state or federal trademark laws; or
(d) That have been sold, offered for sale or possessed for sale
in this state in violation of ORS 180.486.
(5) 'Department' means the Department of Revenue.
(6) 'Distribute' means:
(a) Bringing, or causing to be brought, into this state from
without this state tobacco products for sale, storage, use or
consumption;
(b) Making, manufacturing or fabricating tobacco products in
this state for sale, storage, use or consumption in this state;
(c) Shipping or transporting tobacco products to retail dealers
in this state, to be sold, stored, used or consumed by those
retail dealers;
(d) Storing untaxed tobacco products in this state that are
intended to be for sale, use or consumption in this state;
(e) Selling untaxed tobacco products in this state; or
(f) As a consumer, being in possession of untaxed tobacco
products in this state.
(7) 'Distributor' means:
(a) Any person engaged in the business of selling tobacco
products in this state who brings, or causes to be brought, into
this state from without the state any tobacco products for sale;
(b) Any person who makes, manufactures or fabricates tobacco
products in this state for sale in this state;
(c) Any person engaged in the business of selling tobacco
products without this state who ships or transports tobacco
products to retail dealers in this state, to be sold by those
retail dealers;
(d) Any person, including a retail dealer, who sells untaxed
tobacco products in this state; or
(e) A consumer in possession of untaxed tobacco products in
this state.
(8) 'Manufacturer' means a person who manufactures tobacco
products for sale.
(9) 'Moist snuff' means:
(a) Any finely cut, ground or powdered tobacco that is not
intended to be smoked or placed in a nasal cavity; or
(b) Any other product containing tobacco that is intended or
expected to be consumed without being combusted.
(10) 'Place of business' means any place where tobacco products
are sold or where tobacco products are manufactured, stored or
kept for the purpose of sale or consumption, including any
vessel, vehicle, airplane, train or vending machine.
(11) 'Retail dealer' means any person who is engaged in the
business of selling or otherwise dispensing tobacco products to
consumers. { - The term also includes the operators of or
recipients of revenue from all places such as smoke shops, cigar
stores and vending machines, where tobacco products are made or
stored for ultimate sale to consumers. - }
(12) 'Sale' means any transfer, exchange or barter, in any
manner or by any means, for a consideration, and includes and
means all sales made by any person. It includes a gift by a
person engaged in the business of selling tobacco products, for
advertising, as a means of evading the provisions of ORS 323.500
to 323.645, or for any other purpose.
(13) 'Taxpayer' includes a distributor or other person required
to pay a tax imposed under ORS 323.500 to 323.645.
(14) 'Tobacco products' means cigars, cheroots, stogies,
periques, granulated, plug cut, crimp cut, ready rubbed and other
smoking tobacco, snuff, snuff flour, moist snuff, cavendish, plug
and twist tobacco, fine-cut and other chewing tobaccos, shorts,
refuse scraps, clippings, cuttings and sweepings of tobacco and
other kinds and forms of tobacco, prepared in such manner as to
be suitable for chewing or smoking in a pipe or otherwise, or
both for chewing and smoking, but shall not include cigarettes as
defined in ORS 323.010.
(15) 'Untaxed tobacco products' means tobacco products for
which the tax required under ORS 323.500 to 323.645 has not been
paid.
(16) 'Wholesale sales price' means the price paid for untaxed
tobacco products to or on behalf of a seller by a purchaser of
the untaxed tobacco products.
SECTION 8. ORS 323.709 is amended to read:
323.709. A person may not mail or ship tobacco in connection
with a delivery sale order unless the person, before mailing or
shipping the tobacco, does all of the following:
(1) Obtains a certification from the prospective consumer that
includes a written statement signed by the prospective consumer
that:
(a) Certifies the prospective consumer's address and that the
prospective consumer is at least the legal minimum purchase age;
and
(b) Confirms that the prospective consumer understands that
signing another person's name to the certification is illegal
{ - , that the sale of tobacco to individuals under the legal
minimum purchase age is illegal and that the purchase of tobacco
by individuals under the legal minimum purchase age is illegal
under ORS 167.401 - } ;
(2) Verifies the information contained in the certification
against a commercially available database of government-collected
information showing the age or date of birth of the individual
placing the order and obtains a photocopy or other image of a
valid, government-issued identification stating the age or date
of birth of the individual placing the order;
(3) Provides a notice to the prospective consumer, via
electronic mail or other means, that meets the requirements of
ORS 323.715; and
(4) In the case of an order for tobacco placed through an
Internet website, receives payment for the delivery sale from the
prospective purchaser by a credit or debit card that has been
issued in the name of the prospective purchaser or by a personal
check issued by the prospective purchaser.
SECTION 9. ORS 339.883 is amended to read:
339.883. (1) A facility shall not permit any person under 18
years of age to possess tobacco products { - , as defined in ORS
431.840, - } while the person is present on facility grounds or
in facility buildings or attending facility-sponsored activities.
(2) The facility must have written policies prohibiting the
possession of tobacco products described in subsection (1) of
this section by persons under 18 years of age. The facility must
have written plans to implement such policies.
(3) This section does not apply to any person for whom a
tobacco or nicotine product has been lawfully prescribed.
(4) As used in this section, 'facility' means public or private
schools, youth correction facilities or juvenile detention
facilities. 'Facility' does not include colleges or universities,
career and technical education schools or community colleges.
SECTION 10. ORS 431.853 is amended to read:
431.853. (1) The Oregon Health Authority shall:
(a) Coordinate with law enforcement agencies to conduct random,
unannounced inspections of Oregon wholesalers and retailers of
tobacco products to { - insure - } { + ensure + } compliance
with Oregon laws designed to discourage the use of tobacco by
minors including ORS 163.575 { - , - } { + and + } 163.580
{ - , 167.400, 167.402 and 431.840 - } ; and
(b) Submit a report describing:
(A) The activities carried out to enforce the laws listed in
paragraph (a) of this subsection during the previous fiscal year;
(B) The extent of success achieved in reducing the availability
of tobacco products to minors; and
(C) The strategies to be utilized for enforcing the laws listed
in paragraph (a) of this subsection during the year following the
report.
(2) The Oregon Health Authority shall adopt rules concerning
random inspections of places that sell tobacco products
consistent with section 1921, Public Law 102-321, 1992. The rules
shall provide that inspections may take place:
(a) Only in areas open to the public;
(b) Only during hours that tobacco products are sold or
distributed; and
(c) No more frequently than once a month in any single
establishment unless a compliance problem exists or is suspected.
SECTION 11. ORS 433.835 is amended to read:
433.835. As used in ORS 433.835 to 433.875:
(1) 'Cigar bar' means a business that:
{ - (a) Has on-site sales of cigars as defined in ORS
323.500; - }
{ - (b) - } { + (a) + } Has a humidor on the premises;
{ - (c) - } { + (b) + } Allows the smoking of cigars on the
premises but prohibits the smoking of all other tobacco products
in any form including, but not limited to, loose tobacco, pipe
tobacco, cigarettes as defined in ORS 323.010 and cigarillos as
defined by the Oregon Health Authority by rule;
{ - (d) - } { + (c) + } Has been issued and operates under
a full on-premises sales license issued under ORS 471.175;
{ - (e) - } { + (d) + } Prohibits persons under 21 years of
age from entering the premises and posts notice of the
prohibition;
{ - (f) - } { + (e) + } Does not offer video lottery games
as authorized under ORS 461.217;
{ - (g) - } { + (f) + } Has a maximum seating capacity of
40 persons;
{ - (h) - } { + (g) + } Has a ventilation system that
exhausts smoke from the business and is designed and terminated
in accordance with the state building code standards for the
occupancy classification in use; and
{ - (i) - } { + (h) + } Requires all employees to read and
sign a document that explains the dangers of exposure to
secondhand smoke.
(2) 'Enclosed area' means all space between a floor and a
ceiling that is enclosed on three or more sides by permanent or
temporary walls or windows, exclusive of doors or passageways,
that extend from the floor to the ceiling.
(3) 'Place of employment' means every enclosed area under the
control of a public or private employer that employees frequent
during the course of employment, including but not limited to
work areas, employee lounges, vehicles that are operated in the
course of an employer's business that are not operated
exclusively by one employee, rest rooms, conference rooms,
classrooms, cafeterias, hallways, meeting rooms, elevators and
stairways. 'Place of employment' does not include a private
residence unless it is used as a child care facility as defined
in ORS 657A.250 or a facility providing adult day care as defined
in ORS 410.490.
(4) 'Public place' means any enclosed area open to the public.
(5) 'Smoke shop' means a business that is certified with the
authority as a smoke shop pursuant to the rules adopted under ORS
433.847.
(6) 'Smoking instrument' means any cigar, cigarette, pipe or
other smoking equipment.
SECTION 12. ORS 433.847 is amended to read:
433.847. (1) The Oregon Health Authority shall adopt rules
establishing a certification system for smoke shops.
(2) The authority shall issue a smoke shop certification to a
business that:
(a)(A) Is primarily engaged in the sale of { - tobacco
products and - } smoking instruments intended for off-premises
consumption or use, with at least 75 percent of the gross
revenues of the business resulting from such sales;
(B) Prohibits persons under 18 years of age from entering the
premises;
(C) Does not offer video lottery games as authorized under ORS
461.217, social gaming or betting on the premises;
(D) Does not sell, offer or allow on-premises consumption of
food or beverages, including alcoholic beverages;
(E) Is a stand-alone business with no other businesses or
residential property attached to the premises;
(F) Has a maximum seating capacity of four persons; and
(G) Allows smoking only for the purpose of sampling tobacco
products { - for making retail purchase decisions - } ;
(b) On December 31, 2008:
(A) Met the requirements of paragraph (a)(A) to (D) of this
subsection; and
(B)(i) Was a stand-alone business with no other businesses or
residential property attached; or
(ii) Had a ventilation system that exhausted smoke from the
business and was designed and terminated in accordance with the
state building code standards for the occupancy classification in
use; or
(c)(A) Filed an application for certification as a smoke shop
before June 30, 2011;
(B) Met the requirements of ORS 433.835 (5), as in effect
immediately before June 30, 2011, at the time of application;
(C) Was certified as a smoke shop under ORS 433.835 (5), as in
effect immediately before June 30, 2011, by the authority on or
before December 31, 2012; and
(D) Allows smoking of cigarettes only { - if at least 75
percent of the gross revenues of the business results from the
sale of cigarettes - } { + for the purpose of sampling
cigarette products + }.
(3) A smoke shop certified under subsection (2)(b) of this
section must renew the smoke shop certification every five years
by demonstrating to the satisfaction of the authority that the
smoke shop:
(a)(A) Meets the requirements of subsection (2)(a)(A) to (D) of
this section; and
(B)(i) Is a stand-alone business with no other businesses or
residential property attached; or
(ii) Has a ventilation system that exhausts smoke from the
business and is designed and terminated in accordance with the
state building code standards for the occupancy classification in
use; and
(b) Allows smoking of cigarettes only { - if at least 75
percent of the gross revenues of the business results from the
sale of cigarettes - } { + for the purpose of sampling
cigarette products + }.
(4) A smoke shop certified under subsection (2)(c) of this
section must renew the smoke shop certification every five years
by demonstrating to the satisfaction of the authority that the
smoke shop:
(a) Meets the requirements of ORS 433.835 (5), as in effect
immediately before June 30, 2011; and
(b) Allows smoking of cigarettes only { - if at least 75
percent of the gross revenues of the business results from the
sale of cigarettes - } { + for the purpose of sampling
cigarette products + }.
(5) The owner of a smoke shop certified under subsection (2)(b)
or (c) of this section may transfer the certification with
ownership of the smoke shop in accordance with rules adopted by
the authority.
(6) A smoke shop certified under subsection (2)(b) of this
section may continue to be certified in a new location under
subsection (2)(b) of this section if:
(a)(A) The new location occupies no more than 3,500 square
feet; or
(B) If the old location occupied more than 3,500 square feet,
the new location occupies no more than 110 percent of the space
occupied by the old location; and
(b) The smoke shop as operated in the new location:
(A) Meets the requirements of subsection (2)(a)(A) to (D) of
this section;
(B)(i) Is a stand-alone business with no other businesses or
residential property attached; or
(ii) Has a ventilation system that exhausts smoke from the
business and is designed and terminated in accordance with the
state building code standards for the occupancy classification in
use; and
(C) Allows smoking of cigarettes only { - if at least 75
percent of the gross revenues of the business results from the
sale of cigarettes - } { + for the purpose of sampling
cigarette products + }.
(7) A smoke shop certified under subsection (2)(c) of this
section may continue to be certified in a new location under
subsection (2)(c) of this section if:
(a)(A) The new location occupies no more than 3,500 square
feet; or
(B) If the old location occupied more than 3,500 square feet,
the new location occupies no more than 110 percent of the space
occupied by the old location; and
(b) The smoke shop as operated in the new location:
(A) Meets the requirements of ORS 433.835 (5), as in effect
immediately before June 30, 2011; and
(B) Allows smoking of cigarettes only { - if at least 75
percent of the gross revenues of the business results from the
sale of cigarettes - } { + for the purpose of sampling
cigarette products + }.
(8) The rules adopted under subsection (1) of this section must
provide that, in order to obtain a smoke shop certification, a
business must agree to allow the authority to make unannounced
inspections of the business to determine compliance with ORS
433.835 to 433.875.
SECTION 13. ORS 475.035 is amended to read:
475.035. (1) In arriving at any decision on changes in or
addition to classification when changes or additions are proposed
by the federal Drug Enforcement Administration or by any other
reliable source, the State Board of Pharmacy shall review the
scientific knowledge available regarding the substance, its
pharmacological effects, patterns of use and misuse, and
potential consequences of abuse, and consider the judgment of
individuals with training and experience with the substance.
(2) Whenever the board determines that a change in or an
addition to the schedule of a controlled substance is justified,
the board by rule may order the change and fix the effective date
thereof.
(3) If a substance is an ingredient of a controlled substance,
the ingredient shall be considered to be in the same schedule as
that controlled substance. Substances which are precursors of the
ingredient shall not be subject to control solely because they
are precursors of the ingredient. The use of the term 'precursor'
in this subsection does not control and is not controlled by the
use of the term 'precursor' in ORS 475.752 to 475.980.
(4) The board shall administer ORS 475.005 to 475.285 and
475.752 to 475.980 in accordance with ORS chapter 183.
(5) Authority to control under this section does not extend
{ - to tobacco or - } to alcoholic beverages as defined in ORS
471.001.
SECTION 14. ORS 476.755 is amended to read:
476.755. As used in ORS 476.755 to 476.790 and 476.995:
(1) 'Cigarette' means a roll for smoking:
(a) That is made wholly of tobacco, or of tobacco and any other
substance, regardless of size, shape or flavoring or adulteration
by or mixing with other ingredients, the wrapper of which is made
of paper or other nontobacco materials; and
(b) That, because of its appearance, the type of tobacco used
in the filler or its packaging and labeling, is likely to be
offered to or purchased by consumers as a cigarette.
(2) 'Distribute' means to do any of the following:
(a) Sell cigarettes or deliver cigarettes for sale by another
person to consumers.
(b) Receive or retain more than 199 cigarettes at a place of
business where the person receiving or retaining the cigarettes
customarily sells cigarettes or offers cigarettes for sale to
consumers.
{ - (c) Place cigarettes in vending machines. - }
{ - (d) - } { + (c) + } Sell or accept orders for
cigarettes that are to be transported from a point outside this
state to a consumer within this state.
{ - (e) - } { + (d) + } Buy cigarettes directly from a
manufacturer or wholesale dealer for resale in this state.
{ - (f) Give cigarettes as a sample, prize, gift or other
promotion. - }
(3) 'Manufacturer' means:
(a) An entity that produces, or causes the production of,
cigarettes for sale in this state;
(b) An importer or first purchaser of cigarettes that intends
to resell within this state cigarettes that were produced for
sale outside this state; or
(c) A successor to an entity, importer or first purchaser
described in paragraph (a) or (b) of this subsection.
(4) 'Packaging' includes, but is not limited to, cigarette soft
packs, boxes, cartons and cases.
(5) 'Quality control and assurance program' means laboratory
procedures implemented to ensure that operator bias, systematic
and nonsystematic methodological errors and equipment-related
problems do not affect the results of testing.
(6) 'Reduced ignition propensity' means meeting the fire safety
performance standard described in ORS 476.770 (6).
(7) 'Repeatability' means the range of values within which the
repeat results of ignition propensity testing by a single
laboratory will fall 95 percent of the time.
(8) 'Retail dealer' means a person, other than a manufacturer
or wholesale dealer, that engages in distributing cigarettes.
(9) 'Sell' means to transfer, or agree to transfer, title or
possession for a monetary or nonmonetary consideration.
(10) 'Variety' means a type of cigarette marketed by the
manufacturer as being distinct from other types of cigarettes on
the basis of brand name, length, filter, wrapping, flavoring or
other characteristics as the State Fire Marshal may provide by
rule.
(11) 'Wholesale dealer' means a person that distributes
cigarettes to { - : - }
{ - (a) - } a retail dealer or other person for resale
{ - ; or - }
{ - (b) A person that owns, operates or maintains cigarette
vending machines on premises owned or operated by another
person - } .
SECTION 15. ORS 809.380 is amended to read:
809.380. All of the following apply to a person whose driving
privileges have been suspended:
(1) The period of suspension shall last as long as provided for
that particular suspension by law.
(2) During the period of suspension, the person is not entitled
to exercise any driving privileges in this state except as
provided under this subsection. Unless otherwise specifically
provided by law, a person whose driving privileges are suspended
may obtain, if the person qualifies, a hardship driver permit
under ORS 807.240, and exercise driving privileges under the
driver permit.
(3) Upon expiration of the suspension, the Department of
Transportation shall reissue, upon request of the person, the
suspended driving privileges and any license or driver permit
that evidences the driving privileges. The reissuance shall be
without requalification by the person except that the department
may require the person to furnish evidence satisfactory to the
department that the person is qualified to continue to exercise
driving privileges in this state before the department reissues
the driving privileges.
(4) The department may not issue any driving privileges in
contradiction to this section.
(5) If the person fails to surrender to the department any
license or driver permit issued as evidence of driving privileges
that are suspended, the person is subject to the penalties under
ORS 809.500.
(6) No reinstatement of suspended driving privileges will be
made by the department until the fee for reinstatement of
suspended driving privileges established under ORS 807.370 is
paid to or waived by the department. The department may waive the
reinstatement fee for any of the following reasons:
(a) The suspension occurred under ORS 809.419 for failure to
take an examination upon request of the department under ORS
807.340.
(b) The suspension occurred under ORS 809.419 for failure to
obtain required medical clearance upon request of the department
under ORS 807.070 or 807.090.
(c) The suspension occurred under ORS 809.419 for incompetence
to drive a motor vehicle or having a mental or physical condition
or impairment that affects the person's ability to safely operate
a motor vehicle.
(d) The suspension occurred under ORS 809.419 upon notification
by the superintendent of a hospital under ORS 807.700 that a
person should not drive.
(e) The suspension occurred under ORS 809.419 upon notification
by a court under ORS 810.375 that a person charged with a traffic
offense has been found guilty except for insanity.
(f) The department committed an error in issuing the
suspension.
(g) The suspension was the result of an error committed by an
insurance company in issuing or failing to issue a certification
of insurance or in canceling a certification of insurance filed
with the department under ORS 806.270.
(h) The department issued the suspension without error because
the person failed to respond as required under ORS 806.160 or to
furnish proof of exemption under ORS 806.210 from the filing
requirement of ORS 806.200, but the department later determines
that the person in fact was in compliance with financial
responsibility requirements as of the date of the department's
letter of verification under ORS 806.150 or at the time of an
accident described in ORS 806.200.
(i) The department issued the suspension without error because
the person was not in compliance with financial responsibility
requirements as of the date of the department's letter of
verification under ORS 806.150 or at the time of an accident
described in ORS 806.200, but the department later determines
that the person reasonably and in good faith believed that the
person was in compliance with financial responsibility
requirements on the date of the department's letter of
verification or at the time of the accident.
(j) The suspension was the result of an error committed by an
insurance company in notifying the department regarding the
correctness of a certification under ORS 806.150.
(k) The suspension occurred because the person failed to make
future responsibility filings but the department later determines
that the reason for the failure was that the person was a
military reservist or a member of a national guard unit that was
ordered to active military duty to a location outside of the
United States. The effective date of the military orders must be
prior to the effective date of a suspension issued by the
department for failure to make a future responsibility filing.
(L) The department issued the suspension without error because
the department received a notice to suspend from a court under
ORS 809.210 or 809.220, but the department later determines that
the person in fact was in compliance with the requirements of the
court prior to the effective date of the suspension.
(7) The department shall waive the reinstatement fee for a
person whose driving privileges were suspended under ORS 809.423
{ - (3) - } { + (2) + } if the person:
(a) Has graduated from high school and provides the department
with proof of graduation satisfactory to the department; or
(b) Has received a General Educational Development (GED)
certificate from a community college and provides the department
with proof of the certificate satisfactory to the department.
SECTION 16. ORS 809.423 is amended to read:
809.423. (1) Upon request by a school superintendent or a
school district board under ORS 339.254, the Department of
Transportation shall suspend the driving privileges of a person.
The suspension shall be for the amount of time stated in the
request. A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
{ - (2) Upon receipt of notification of a court order that a
person's driving privileges be suspended for violation of ORS
167.401, the department shall suspend the driving privileges of
the person subject to the order for the time specified in the
order. A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection. - }
{ - (3) - } { + (2) + } Upon receipt of a notice under ORS
339.257 that a person under 18 years of age has withdrawn from
school, the department shall notify the person that driving
privileges will be suspended on the 30th day following the date
of the notice unless the person presents documentation that
complies with ORS 807.066. A suspension under this subsection
shall continue until the person reaches 18 years of age or until
the person presents documentation that complies with ORS 807.066.
Appeals of a suspension under this subsection shall be as
provided by a school district or private school under a policy
adopted in accordance with ORS 339.257.
SECTION 17. Section 2, chapter 50, Oregon Laws 2012, is amended
to read:
{ + Sec. 2. + } (1) As used in this section, 'tobacco
products' has the meaning given that term in ORS
{ - 431.840 - } { + 323.500 + }.
(2) The Oregon Health Authority may apply for and accept moneys
from the United States Government or other public or private
sources for utilization of those moneys by the Department of
State Police in accordance with any federal restrictions or other
funding source restrictions to carry out the duties, functions
and powers of the department under this section. Moneys received
as provided under this subsection shall be deposited into the
State Treasury to the credit of the State Police Tobacco Law
Enforcement Fund. Moneys that are subject to funding source
conditions or restrictions shall be placed in separate
subaccounts of the fund and accounted for separately from other
fund moneys.
(3) The department shall establish and administer a program
employing retired state police officers who are active reserve
officers for the purpose of enforcing laws designed to discourage
the use of tobacco products by persons under 18 years of age. The
department shall periodically consult with the authority to
maximize program qualification for federal funds to enforce laws
designed to discourage the use of tobacco products by persons
under 18 years of age, including but not limited to grants under
P.L. 102-321, section 1926 (42 U.S.C. 300x-26). Service by a
retired state police member under this section is subject to ORS
238.082. The department may not use the services of a retired
state police officer under this section to displace an active
state police member from the enforcement of laws concerning
tobacco products.
(4) The department shall adopt rules for carrying out
subsection (3) of this section.
SECTION 18. { + ORS 167.400, 167.401, 167.402, 167.404,
167.407, 431.840, 431.845 and 431.850 are repealed. + }
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