75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 214
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 Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to the Attorney General's regulation of tobacco;
amending ORS 180.425 and 180.435.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 180.435 is amended to read:
180.435. (1) Not later than 20 days after the end of each
calendar quarter, and more frequently if so directed by the
Attorney General, a distributor { - who affixes stamps to
cigarette packages in accordance with the provisions of ORS
323.005 to 323.482 - } shall report such information as the
Attorney General requires to facilitate compliance by tobacco
product manufacturers with this section and ORS 180.410, 180.415,
180.420, 180.430 and 180.440, and with rules adopted under ORS
180.445 and 180.450. The information shall include, but need not
be limited to, a list by brand family of the total number of
cigarettes or, in the case of roll-your-own tobacco, the
equivalent stick count for which the distributor affixed stamps
or otherwise paid the tax due during the previous calendar
quarter.
(2) A distributor shall maintain for a period of five years all
invoices and documentation of sales of cigarettes manufactured by
nonparticipating manufacturers and any other information relied
upon in reporting to the Attorney General under subsection (1) of
this section. The distributor shall make the invoices and other
documentation available to the Attorney General upon request.
{ + (3)(a) The Attorney General may compel by subpoena the
production of any books, papers, records or other information
required to be maintained under subsection (2) of this section
and may require any person to appear and provide testimony
pertinent to the information described in subsection (2) of this
section. The subpoena shall have the same force and effect and
be served in the same manner as in a civil action in the circuit
court.
(b) If a person fails to produce any books, papers, records or
other information required to be produced, fails to appear or
testify about a matter for which testimony may be compelled or
otherwise fails to comply with a subpoena issued under this
subsection, the Attorney General may apply to the circuit court
of the county in which the person to whom the subpoena was issued
Enrolled Senate Bill 214 (SB 214-A) Page 1
resides or may be found. The application shall be for an order
requiring the person to comply with the demand or request of the
Attorney General. The application shall be made by ex parte
motion. The order of the court shall require the person against
whom the order is directed to comply with the request or demand
of the Attorney General within 10 days after the service of the
order, or such further time as the court may grant, or to justify
the failure to comply with the order within that time.
(c) Failure to comply with an order under this subsection shall
constitute contempt of court. The remedy provided under this
paragraph shall be in addition to any other remedy provided by
law. + }
{ - (3) - } { + (4) + } A distributor shall provide the
Attorney General with an electronic mail address so that the
Attorney General may notify the distributor of the information
required under subsections (1) and { - (7) - } { + (8) + } of
this section.
{ - (4) - } { + (5) + } The Attorney General and the
Department of Revenue may share with each other information
received under this section and ORS 180.410, 180.415 and 323.106
and may share such information with federal, state or local
agencies for purposes of enforcement of this section and ORS
180.410, 180.415, 180.420, 180.430, 180.440 and 323.806, rules
adopted under ORS 180.445 and 180.450 and corresponding laws of
other states.
{ - (5) - } { + (6) + } The Attorney General may at any
time require a nonparticipating manufacturer to produce proof
from the financial institution in which the nonparticipating
manufacturer has established a qualified escrow fund for the
purpose of compliance with ORS 323.806 of the amount of moneys in
the fund, exclusive of interest, the amount and date of each
deposit and the amount and date of each withdrawal from the fund.
{ - (6) - } { + (7) + } The Attorney General shall, upon
request of a nonparticipating manufacturer whose compliance with
escrow requirements is at issue, provide the manufacturer with
copies of all documents upon which any proposed addition to the
escrow is based. Documents required to be provided under this
subsection include, but are not necessarily limited to, reports
under this section from distributors. The information provided to
the manufacturer under this subsection may not include
information about brand families or products of any tobacco
product manufacturer other than the one to whom the information
is provided. The information may be used only for the purpose of
determining the appropriate amount of escrow deposits.
{ - (7) - } { + (8) + } The Attorney General may require a
distributor or a tobacco product manufacturer to submit any
additional information, including, but not limited to, samples of
the packaging and labeling of each brand family, to enable the
Attorney General to determine whether a tobacco product
manufacturer is in compliance with this section and ORS 180.410,
180.415, 180.420, 180.430 and 180.440 and with rules adopted
under ORS 180.445 and 180.450.
SECTION 2. ORS 180.425 is amended to read:
180.425. (1) The Attorney General shall develop and make
available for public inspection a directory listing all tobacco
product manufacturers that have provided current and accurate
certifications conforming to the requirements of ORS 180.410 and
180.415 and all brand families that are listed in the
certifications.
Enrolled Senate Bill 214 (SB 214-A) Page 2
(2) The Attorney General may not include or retain in the
directory the name or brand families of any nonparticipating
manufacturer that fails to provide the required certification or
whose certification the Attorney General determines is not in
compliance with ORS 180.410 and 180.415, unless the Attorney
General has determined that the violation has been cured to the
satisfaction of the Attorney General. The Attorney General shall
adopt rules defining the criteria by which the Attorney General
will exercise the discretion granted by this subsection.
(3) The Attorney General may not include or retain in the
directory a nonparticipating manufacturer or a brand family if
the Attorney General concludes that:
(a) Any escrow payment required from the nonparticipating
manufacturer pursuant to ORS 323.806 for any period for any brand
family, whether listed or not listed by the nonparticipating
manufacturer, has not been fully paid into a qualified escrow
fund governed by a qualified escrow agreement that has been
approved by the Attorney General; or
(b) Any outstanding final judgment, including interest thereon,
for a violation of ORS 323.806 has not been fully satisfied for
the brand family or the nonparticipating manufacturer.
(4) The Attorney General shall update the directory in order to
correct mistakes and to add or remove a tobacco product
manufacturer or a brand family to keep the directory in
conformity with the requirements of this section. The Attorney
General shall update the directory with new brand families upon
receipt of an annual or supplemental certification listing new
brand families if the Attorney General determines that the annual
or supplemental certification is in compliance with the
requirements of ORS 180.410 and 180.415. The Attorney General
shall make the determination about compliance within 45 days of
receipt of the certification.
(5) The Attorney General shall:
(a) Create and maintain a list of persons, including but not
limited to tobacco product manufacturers and distributors, that
are interested in receiving electronic mail notifications of
changes in the directory developed under this section;
(b) Develop a registration form to be completed by persons
interested in receiving electronic mail notification of changes
in the directory developed under this section that are not
otherwise required by ORS 180.435 { - (3) - } { + (4) + } or
rules adopted under ORS 180.445 or 180.450 to submit their
electronic mail addresses to the Attorney General; and
(c) Immediately upon making any change in the directory
developed under this section, send electronic mail notices of the
change to all persons on the list created under this subsection.
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Enrolled Senate Bill 214 (SB 214-A) Page 3
Passed by Senate March 12, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 21, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 214 (SB 214-A) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 214 (SB 214-A) Page 5