75th OREGON LEGISLATIVE ASSEMBLY--2009 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 972
 
                           B-Engrossed
 
                         House Bill 2136
                  Ordered by the Senate June 4
 Including House Amendments dated April 29 and Senate Amendments
                          dated June 4
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             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.
 
  Prohibits sale or distribution of tobacco products from vending
machines. Creates exceptions.
 
                        A BILL FOR AN ACT
Relating to vending machines distributing tobacco products;
  amending ORS 167.402.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.402 is amended to read:
  167.402.  { + (1) As used in this section, 'vending machine '
means a mechanical, electronic or similar device that, upon the
insertion of tokens, money or another form of payment, dispenses
tobacco products. + }
    { - (1) - }  { +  (2) + }   { - No person having authority
over such placement shall locate a vending machine from which - }
 { +  A person may not sell or dispense + } tobacco products, as
defined in ORS 431.840,   { - in any form are dispensed in any
place legally accessible to persons under 18 years of age except
taverns and cocktail lounges, industrial plants, as defined in
ORS 308.408, hotels and motels. - }  { + from a vending machine,
except in an establishment where the premises are posted as
permanently and entirely off-limits to minors under rules adopted
by the Oregon Liquor Control Commission. + }
    { - (2) - }  { +  (3) + } Violation of subsection
 { - (1) - }  { +  (2) + } of this section is a Class B
violation. Each day of violation constitutes a separate offense.
                         ----------