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 2766
 
                         House Bill 3198
 
Sponsored by Representative MAURER
 
 
                             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.
 
  Requires Public Employees' Benefit Board and Oregon Educators
Benefit Board to impose health benefit plan premium surcharge on
eligible employees and participating family members who smoke or
use other tobacco products. Requires filing of affidavit about
smoking or use of other tobacco products. Prohibits employer from
paying surcharge. Imposes civil penalty for certain violations.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to health benefit plan premium surcharge for
  participants who use tobacco; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2009 Act are added to
and made a part of ORS 243.105 to 243.285. + }
  SECTION 2.  { + (1)(a) The Public Employees' Benefit Board
shall adopt by rule a monthly surcharge on health benefit plan
premiums that shall be imposed on eligible employees and
participating family members who smoke or use other tobacco
products.
  (b) The surcharge imposed under this section shall be at least
$25 and may not be more than $50.
  (c) No portion of the premium surcharge imposed under this
section may be paid by the employer of the eligible employee.
  (d) Payroll deductions for the premium surcharge imposed under
this section shall be made as provided by ORS 243.135.
  (2)(a) Eligible employees and participating family members
shall file with the board within 10 days of initial employment,
and annually thereafter during the enrollment period for benefit
plans, an affidavit declaring whether the person filing the
affidavit smokes or uses other tobacco products.
  (b) The board shall adopt by rule a form for the affidavit
required by this section.
  (c) The board shall impose the surcharge adopted under this
section on each eligible employee or participating family member
who fails to file the affidavit required under this section in
accordance with the rules adopted by the board.
  (d) Falsifying the information on the affidavit subjects the
person signing the affidavit to the criminal penalties for false
swearing provided under ORS 162.075.
 
 
  (3)(a) An eligible employee or participating family member who
smokes or uses other tobacco products is exempt from the premium
surcharge imposed under this section if the person:
  (A) Is enrolled in and actively participating in a smoking or
tobacco use cessation program approved by the board; or
  (B) Has documented completion of a smoking or tobacco use
cessation program, regardless of the person's success in stopping
smoking or using other tobacco products.
  (b) The exemption granted under this subsection is valid only
for the year in which the eligible employee or participating
family member is enrolled in and actively participating in or has
completed a smoking or tobacco use cessation program. + }
  SECTION 3.  { + (1) Notwithstanding any other liability or
penalty imposed by law, the Public Employees' Benefit Board may
impose a civil penalty on a person violating the provisions of
section 2 (2) of this 2009 Act.
  (2) The civil penalty imposed under this section shall be made
in accordance with rules adopted by the board, but may not be
less than $1,000 or more than $2,500.
  (3) Civil penalties imposed under this section shall be imposed
in the manner provided by ORS 183.745. + }
  SECTION 4.  { + Sections 5 and 6 of this 2009 Act are added to
and made a part of ORS 243.860 to 243.886. + }
  SECTION 5.  { + (1)(a) The Oregon Educators Benefit Board shall
adopt by rule a monthly surcharge on health benefit plan premiums
that shall be imposed on eligible employees and participating
family members who smoke or use other tobacco products.
  (b) The surcharge imposed under this section shall be at least
$25 and may not be more than $50.
  (c) No portion of the premium surcharge imposed under this
section may be paid by the employer of the eligible employee.
  (d) Payroll deductions for the premium surcharge imposed under
this section shall be made as provided by ORS 243.866.
  (2)(a) Eligible employees and participating family members
shall file with the board within 10 days of initial employment,
and annually thereafter during the enrollment period for benefit
plans, an affidavit declaring whether the person filing the
affidavit smokes or uses other tobacco products.
  (b) The board shall adopt by rule a form for the affidavit
required by this section.
  (c) The board shall impose the surcharge adopted under this
section on each eligible employee or participating family member
who fails to file the affidavit required under this section in
accordance with the rules adopted by the board.
  (d) Falsifying the information on the affidavit subjects the
person signing the affidavit to the criminal penalties for false
swearing provided under ORS 162.075.
  (3)(a) An eligible employee or participating family member who
smokes or uses other tobacco products is exempt from the premium
surcharge imposed under this section if the person:
  (A) Is enrolled in and actively participating in a smoking or
tobacco use cessation program approved by the board; or
  (B) Has documented completion of a smoking or tobacco use
cessation program, regardless of the person's success in stopping
smoking or using other tobacco products.
  (b) The exemption granted under this subsection is valid only
for the year in which the eligible employee or participating
family member is enrolled in and actively participating in or has
completed a smoking or tobacco use cessation program. + }
  SECTION 6.  { + (1) Notwithstanding any other liability or
penalty imposed by law, the Oregon Educators Benefit Board may
impose a civil penalty on a person violating the provisions of
section 5 (2) of this 2009 Act.
  (2) The civil penalty imposed under this section shall be made
in accordance with rules adopted by the board, but may not be
less than $1,000 or more than $2,500.
  (3) Civil penalties imposed under this section shall be imposed
in the manner provided by ORS 183.745. + }
  SECTION 7.  { + Sections 1 to 6 of this 2009 Act become
operative on October 1, 2009. + }
  SECTION 8.  { + The Public Employees' Benefit Board and the
Oregon Educators Benefit Board may take any action before the
operative date of sections 1 to 6 of this 2009 Act that is
necessary to enable the boards to exercise, on and after the
operative date of sections 1 to 6 of this 2009 Act, all the
duties, functions and powers conferred on the boards by sections
1 to 6 of this 2009 Act. + }
  SECTION 9.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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