74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1824
 
                           A-Engrossed
 
                         Senate Bill 314
                   Ordered by the Senate May 9
             Including Senate Amendments dated May 9
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Consumer Protection for Fire Safe Cigarette Coalition)
 
 
                             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.
 
    { - Creates standard for fire-safe cigarettes. Requires State
Fire Marshal to determine whether cigarette variety meets
standard for fire-safe cigarettes. Requires State Fire Marshal to
publish and distribute list of fire-safe cigarette varieties
beginning no later than January 1, 2008. - }
    { - Prohibits distribution or offer to sell cigarette unless
cigarette is of variety State Fire Marshal has determined to be
fire-safe. Makes violation by person distributing or offering to
sell cigarettes to wholesaler or retailer subject to civil
penalty not to exceed greater of $10,000 or five times value of
cigarettes. Makes civil penalty applicable to distributions or
offers to sell occurring on or after March 1, 2008. Makes
violations by person distributing or offering to sell cigarettes
to public subject to civil penalty not to exceed $500 for
violation involving not more than 1,000 cigarettes and not to
exceed greater of $1,000 or five times value of cigarettes for
violation involving more than 1,000 cigarettes. Makes civil
penalty applicable to distributions or offers to sell occurring
on or after July 1, 2008. - }
    { - Prohibits cigarette packages or cartons that bear device
indicating cigarettes are fire-safe if cigarettes are not variety
determined by State Fire Marshal to be fire-safe. Makes
prohibition operative March 1, 2008. - }
   { +  Creates Task Force on Cigarette Sales to study issues
relating to sales and other means of supplying cigarettes to and
by retailers, wholesalers and manufacturers.
  Sunsets on convening of next regular biennial legislative
session. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to cigarettes; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + (1) There is created the Task Force on
Cigarette Sales, consisting of seven members appointed as
follows:
  (a) The President of the Senate shall appoint:
  (A) One member from among members of the Senate.
  (B) One member of the public with expertise in issues involving
the sale or other supplying of tobacco products.
  (b) The Speaker of the House of Representatives shall appoint:
  (A) One member from among members of the House of
Representatives.
  (B) Two members of the public with expertise in issues
involving the sale or other supplying of tobacco products.
  (c) The Director of the Department of Revenue shall appoint one
member representing the Department of Revenue with expertise in
tobacco product revenue issues.
  (d) The Attorney General shall appoint one member representing
the Department of Justice with expertise in legal issues
pertinent to the tobacco industry.
  (2) The task force shall study issues that include, but need
not be limited to, sales and other means of supplying cigarettes
to and by retailers, wholesalers and manufacturers.
  (3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (4) Official action by the task force requires the approval of
a majority of the members of the task force.
  (5) The task force shall elect one of its members to serve as
chairperson.
  (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (8) The task force may adopt rules necessary for the operation
of the task force.
  (9) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee related
to commerce no later than October 1, 2008.
  (10) The Department of Justice shall provide staff support to
the task force.
  (11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the Department of Justice
for that purpose.
  (12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
  SECTION 3.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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