71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to B-Eng. SB 423
 
LC 1235-1/SB 423-B10
 
                       HOUSE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 423
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             June 14
 
  On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
insert '323.856 and' and after '323.990' insert 'and section 19,
chapter ___, Oregon Laws 2001 (Enrolled House Bill 3642)'.
  On page 2, after line 17, insert:
  ' (7) In addition to any other sentence the court may impose
upon a conviction under this section, the court may order the
forfeiture of the instrumentalities used in violating this
section and the proceeds resulting from a violation of this
section.'.
  In line 23, after 'seq.)' insert ', 19 U.S.C. 1681a'.
  In line 24, after 'Code' insert ', or implementing regulations
of the federal laws listed in this subsection'.
  In line 27, after 'to' delete the rest of the line and insert
'seizure. If seized under this subsection, the cigarettes shall
be destroyed.
  ' (4) In addition to any other sentence the court may impose
upon a conviction under this section, the court may order the
forfeiture of the instrumentalities used in violating this
section and the proceeds resulting from a violation of this
section.'.
  In line 28, delete '(4)' and insert '(5)'.
  In line 30, after 'bring' insert 'in good faith'.
  In line 31, delete '(5)' and insert '(6)'.
  After line 32, insert:
  '  { +  SECTION 4. + } ORS 323.856 is amended to read:
  ' 323.856. (1) No tax stamp may be affixed to, or made upon,
any package of cigarettes if:
  ' (a) The package differs in any respect from all the
requirements of the Federal Cigarette Labeling and Advertising
Act (15 U.S.C. 1331 et seq.) on October 23, 1999, for the
placement of labels, warnings or any other information upon a
package of cigarettes that is to be sold within the United
States;
  ' (b) The package has been imported into the United States
  { - after January 1, 2000, - }  in violation of 26 U.S.C.
5754 { +  or 19 U.S.C. 1681a, or implementing regulations of the
federal laws listed in this paragraph + };
  ' (c) The package is labeled 'For Export Only,' 'U.S. Tax
Exempt,' 'For Use Outside U.S.' or similar wording indicating
that the manufacturer did not intend that the product be sold in
the United States; or
  ' (d) The package, or package containing individually stamped
packages, has been altered by adding, masking or deleting the
wording described in paragraph (c) of this subsection.
  ' (2) Any person who sells or holds for sale cigarette packages
to which are affixed a tax stamp in violation of this section
commits the same offense as possessing or selling cigarettes
without a tax stamp.
  ' (3) The Department of Justice shall notify the Department of
Revenue in writing when a determination has been made that a
cigarette distributor, on or after the date specified in the
notice issued under ORS 323.859, has sold or held for resale
cigarette packages to which a stamp has been affixed in violation
of this section. Upon notification of such violation, the
Department of Revenue shall automatically suspend the license of
the cigarette distributor for a period of 90 days. Upon
determination by the Department of Justice of any subsequent
violation of this section by the distributor, the Department of
Revenue shall revoke the distributor's license consistent with
the provisions of ORS 323.140.
  ' (4) On or after the date specified in the notice issued under
ORS 323.859, the Oregon State Police or any other law enforcement
agency may seize or, acting in coordination with the Department
of Revenue, destroy or sell back for destruction or export only
to the manufacturer or licensed exporter 'only to export'
cigarette packages to which is affixed a tax stamp in violation
of this section. Notwithstanding the provisions of ORS 323.320,
the Department of Revenue shall not refund or credit to a
distributor the denominated value of tax stamps when such
seizure, destruction or sale back to the manufacturer has
occurred.
  ' (5) A violation of this section is an unlawful practice under
ORS 646.605 to 646.652.
  '  { +  SECTION 5. + } If House Bill 3642 becomes law, section
19, chapter ___, Oregon Laws 2001 (Enrolled House Bill 3642), is
amended to read:
  '  { +  Sec. 19. + } The crimes to which section 1
(11)(b) { + , chapter ___, Oregon Laws 2001 (Enrolled House Bill
3642), + }   { - of this 2001 Act - }  applies are:
  ' (1) Bribe giving, as defined in ORS 162.015.
  ' (2) Bribe receiving, as defined in ORS 162.025.
  ' (3) Public investment fraud, as defined in ORS 162.117.
  ' (4) Bribing a witness, as defined in ORS 162.265.
  ' (5) Bribe receiving by a witness, as defined in ORS 162.275.
  ' (6) Simulating legal process, as defined in ORS 162.355.
  ' (7) Official misconduct in the first degree, as defined in
ORS 162.415.
  ' (8) Custodial interference in the second degree, as defined
in ORS 163.245.
  ' (9) Custodial interference in the first degree, as defined in
ORS 163.257.
  ' (10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
  ' (11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
  ' (12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
  ' (13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
  ' (14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
  ' (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
  ' (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
  ' (17) Theft in the second degree, as defined in ORS 164.045.
  ' (18) Theft in the first degree, as defined in ORS 164.055.
  ' (19) Aggravated theft in the first degree, as defined in ORS
164.057.
  ' (20) Theft by extortion, as defined in ORS 164.075.
  ' (21) Theft by deception, as defined in ORS 164.085, if it is
a felony or a Class A misdemeanor.
  ' (22) Theft by receiving, as defined in ORS 164.095, if it is
a felony or a Class A misdemeanor.
  ' (23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
  ' (24) Unauthorized use of a vehicle, as defined in ORS
164.135.
  ' (25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
  ' (26) Laundering a monetary instrument, as defined in ORS
164.170.
  ' (27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
  ' (28) Burglary in the second degree, as defined in ORS
164.215.
  ' (29) Burglary in the first degree, as defined in ORS 164.225.
  ' (30) Possession of burglar's tools, as defined in ORS
164.235.
  ' (31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
  ' (32) Arson in the second degree, as defined in ORS 164.315.
  ' (33) Arson in the first degree, as defined in ORS 164.325.
  ' (34) Computer crime, as defined in ORS 164.377.
  ' (35) Robbery in the third degree, as defined in ORS 164.395.
  ' (36) Robbery in the second degree, as defined in ORS 164.405.
  ' (37) Robbery in the first degree, as defined in ORS 164.415.
  ' (38) Unlawful labeling of a sound recording, as defined in
ORS 164.868.
  ' (39) Unlawful recording of a live performance, as defined in
ORS 164.869.
  ' (40) Unlawful labeling of a videotape recording, as defined
in ORS 164.872.
  ' (41) A violation of ORS 164.877.
  ' (42) Endangering aircraft, as defined in ORS 164.885.
  ' (43) Interference with agricultural operations, as defined in
ORS 164.887.
  ' (44) Forgery in the second degree, as defined in ORS 165.007.
  ' (45) Forgery in the first degree, as defined in ORS 165.013.
  ' (46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
  ' (47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
  ' (48) Criminal possession of a forgery device, as defined in
ORS 165.032.
  ' (49) Criminal simulation, as defined in ORS 165.037.
  ' (50) Fraudulently obtaining a signature, as defined in ORS
165.042.
  ' (51) Fraudulent use of a credit card, as defined in ORS
165.055.
  ' (52) Negotiating a bad check, as defined in ORS 165.065.
  ' (53) Possessing a fraudulent communications device, as
defined in ORS 165.070.
  ' (54) Unlawful factoring of a credit card transaction, as
defined in ORS 165.074.
  ' (55) Falsifying business records, as defined in ORS 165.080.
  ' (56) Sports bribery, as defined in ORS 165.085.
  ' (57) Sports bribe receiving, as defined in ORS 165.090.
  ' (58) Misapplication of entrusted property, as defined in ORS
165.095.
  ' (59) Issuing a false financial statement, as defined in ORS
165.100.
  ' (60) Obtaining execution of documents by deception, as
defined in ORS 165.102.
  ' (61) A violation of ORS 165.543.
  ' (62) Cellular counterfeiting in the third degree, as defined
in ORS 165.577.
  ' (63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
 
  ' (64) Cellular counterfeiting in the first degree, as defined
in ORS 165.581.
  ' (65) Identity theft, as defined in ORS 165.800.
  ' (66) A violation of ORS 166.190.
  ' (67) Unlawful use of a weapon, as defined in ORS 166.220.
  ' (68) A violation of ORS 166.240.
  ' (69) Unlawful possession of a firearm, as defined in ORS
166.250.
  ' (70) A violation of ORS 166.270.
  ' (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
  ' (72) A violation of ORS 166.275.
  ' (73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
  ' (74) A violation of ORS 166.370.
  ' (75) Unlawful possession of a destructive device, as defined
in ORS 166.382.
  ' (76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
  ' (77) Possession of a hoax destructive device, as defined in
ORS 166.385.
  ' (78) A violation of ORS 166.410.
  ' (79) Providing false information in connection with a
transfer of a handgun, as defined in ORS 166.416.
  ' (80) Improperly transferring a handgun, as defined in ORS
166.418.
  ' (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
  ' (82) A violation of ORS 166.429.
  ' (83) A violation of ORS 166.470.
  ' (84) A violation of ORS 166.480.
  ' (85) A violation of ORS 166.635.
  ' (86) A violation of ORS 166.638.
  ' (87) Unlawful paramilitary activity, as defined in ORS
166.660.
  ' (88) A violation of ORS 166.720.
  ' (89) Prostitution, as defined in ORS 167.007.
  ' (90) Promoting prostitution, as defined in ORS 167.012.
  ' (91) Compelling prostitution, as defined in ORS 167.017.
  ' (92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
  ' (93) Unlawful gambling in the second degree, as defined in
ORS 167.122.
  ' (94) Unlawful gambling in the first degree, as defined in ORS
167.127.
  ' (95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
  ' (96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
  ' (97) Possession of a gambling device, as defined in ORS
167.147.
  ' (98) Possession of a gray machine, as defined in ORS 167.164.
  ' (99) Cheating, as defined in ORS 167.167.
  ' (100) Tampering with drug records, as defined in ORS 167.212.
  ' (101) A violation of ORS 167.262.
  ' (102) Research and animal interference, as defined in ORS
167.312.
  ' (103) Animal abuse in the first degree, as defined in ORS
167.320.
  ' (104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
  ' (105) Animal neglect in the first degree, as defined in ORS
167.330.
  ' (106) Interfering with an assistance, a search and rescue or
a therapy animal, as defined in ORS 167.352.
  ' (107) Involvement in animal fighting, as defined in ORS
167.355.
  ' (108) Dogfighting, as defined in ORS 167.365.
  ' (109) Participation in dogfighting, as defined in ORS
167.370.
  ' (110) Unauthorized use of a livestock animal, as defined in
ORS 167.385.
  ' (111) Interference with livestock production, as defined in
ORS 167.388.
  ' (112) A violation of ORS 167.390.
  ' (113) A violation of ORS 471.410.
  ' (114) Failure to report missing precursor substances, as
defined in ORS 475.955.
  ' (115) Illegally selling drug equipment, as defined in ORS
475.960.
  ' (116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
  ' (117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
  ' (118) A violation of ORS 475.992, if it is a felony or a
Class A misdemeanor.
  ' (119) A violation of ORS 475.993, if it is a felony or a
Class A misdemeanor.
  ' (120) A violation of ORS 475.994.
  ' (121) A violation of ORS 475.995, if it is a felony or a
Class A misdemeanor.
  ' (122) A violation of ORS 475.999 (1)(a).
  ' (123) Misuse of an identification card, as defined in ORS
807.430.
  ' (124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
  ' (125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
  ' (126) Using an invalid license, as defined in ORS 807.580.
  ' (127) Permitting misuse of a license, as defined in ORS
807.590.
  ' (128) Using another's license, as defined in ORS 807.600.
  ' (129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
  ' (130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
  '  { +  (131) Unlawful distribution of cigarettes, as defined
in section 3 of this 2001 Act. + }
  '  { - (131) - }  { +  (132) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (130) - }  { +  (131) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A
misdemeanor.'.
  In line 33, delete '4' and insert '6'.
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