Bill Text: OR HB4149 | 2012 | Regular Session | Introduced
Bill Title: Relating to Oregon Liquor Control Commission enforcement of tobacco-related laws.
Sponsorship: Partisan Bill (Democrat 11)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4149 Detail]
Download: Oregon-2012-HB4149-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 3
House Bill 4149
Sponsored by Representative TOMEI; Representatives BARNHART,
DEMBROW, GARRETT, GELSER, HOLVEY, HOYLE, KENY-GUYER, KOMP,
KOTEK, READ (Presession filed.)
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.
Authorizes Oregon Liquor Control Commission inspectors and
investigators to enforce laws relating to tobacco products to
same extent as peace officers. Allows commission to accept moneys
from federal government and other public or private sources to
carry out enforcement of tobacco-related laws.
A BILL FOR AN ACT
Relating to Oregon Liquor Control Commission enforcement of
tobacco-related laws; amending ORS 471.725 and 471.730.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.725 is amended to read:
471.725. The function, duties and powers of the Oregon Liquor
Control Commission include the following:
(1) To buy, have in its possession, bottle, blend, rectify,
transport and sell, for present or future delivery, in its own
name, alcoholic liquor in the manner set forth in this chapter.
(2) To purchase, acquire, rent, lease or occupy any building,
rooms, stores or land and acquire, own, lease and sell equipment
and fixtures required for its operations.
(3) To lease or sublet to others property { - which - } { +
that + } it acquires or owns and { - which - } { + that + }
is not immediately required for its operations. However, no real
property shall be purchased without the consent and approval of
the Governor.
(4) To borrow money, guarantee the payment thereof and of the
interest thereon, by the transfer or pledge of goods or in any
other manner required or permitted by law.
(5) To issue, sign, indorse and accept checks, promissory
notes, bills of exchange and other negotiable instruments.
(6) In the event the United States Government provides any plan
or method whereby the taxes upon alcoholic liquors are collected
at the source, to enter into any and all contracts and comply
with all regulations, even to the extent of partially or wholly
abrogating any statutory provisions { - which - } { +
that + } might be in conflict with federal law or regulations, to
the end that the commission receives the portion thereof
allocated to this state, to be distributed as provided by
statute.
(7) To secure and pay for such policies of insurance as may be
necessary to adequately protect it from loss by fire, theft or
other casualty.
{ + (8) To accept moneys from the United States Government or
other public or private sources and, notwithstanding ORS 471.805
and 471.810, utilize those moneys in accordance with any federal
restrictions or other funding source restrictions to carry out
its functions, duties and powers under ORS 471.730 related to
tobacco products. + }
SECTION 2. ORS 471.730 is amended to read:
471.730. The function, duties and powers of the Oregon Liquor
Control Commission include the following:
(1) To control the manufacture, possession, sale, purchase,
transportation, importation and delivery of alcoholic liquor in
accordance with the provisions of this chapter and ORS 474.105
and 474.115.
(2) To grant, refuse, suspend or cancel licenses and permits
for the sale or manufacture of alcoholic liquor, or other
licenses and permits in regard thereto, and to permit, in its
discretion, the transfer of a license of any person.
(3) To collect the taxes and duties imposed by statutes
relating to alcoholic liquors, and to issue, and provide for
cancellation, stamps and other devices as evidence of payment of
such taxes or duties.
(4) To investigate and aid in the prosecution of every
violation of statutes relating to alcoholic liquors, to seize
alcoholic liquor manufactured, sold, kept, imported or
transported in contravention of this chapter and ORS 474.105 and
474.115, and apply for the confiscation thereof, whenever
required by statute, and cooperate in the prosecution of
offenders before any court of competent jurisdiction.
(5) To adopt such regulations as are necessary and feasible for
carrying out the provisions of this chapter and ORS 474.105 and
474.115 and to amend or repeal such regulations. When such
regulations are adopted they shall have the full force and effect
of law.
(6) To exercise all powers incidental, convenient or necessary
to enable it to administer or carry out any of the provisions of
this chapter and ORS 474.105 and 474.115.
(7) To control, regulate and prohibit any advertising by
manufacturers, wholesalers or retailers of alcoholic liquor by
the medium of newspapers, letters, billboards, radio or
otherwise.
(8) To sell, license, regulate and control the use of alcohol
for scientific, pharmaceutical, manufacturing, mechanical,
industrial and other purposes, and to provide by regulation for
the sale thereof for such uses.
{ + (9) To enforce through the inspectors and investigators
employed by the commission any laws enforceable by peace officers
of this state relating to tobacco products, including but not
limited to laws relating to the storage, transport, purchase or
other possession of tobacco products, the sale or other supplying
of tobacco products or the offering to sell or otherwise supply
tobacco products. As used in this subsection, 'tobacco products '
has the meaning given that term in ORS 431.840. + }
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