2021 Oregon Revised Statutes
Chapter 323 - Cigarettes and Tobacco Products
Section 323.455 - Distribution of certain cigarette tax revenues.


(2) The moneys appropriated to cities and counties under subsection (1) of this section shall be paid on a monthly basis within 35 days after the end of the month for which a distribution is made. Each city shall receive such share of the money appropriated to all cities as its population, as determined under ORS 190.510 to 190.590 last preceding such apportionment, bears to the total population of the cities of the state, and each county shall receive such share of the money as its population, determined under ORS 190.510 to 190.590 last preceding such apportionment, bears to the total population of the state.
(3) The moneys appropriated to the Department of Transportation under subsection (1) of this section shall be distributed and transferred to the Elderly and Disabled Special Transportation Fund established by ORS 391.800 at the same time as the cigarette tax moneys are distributed to cities and counties under this section.
(4) Of the moneys credited to the General Fund under subsection (1) of this section, 51.92 percent shall be dedicated to funding the maintenance and expansion of the number of persons eligible for the medical assistance program under ORS chapter 414, or to funding the maintenance of the benefits available under the program, or both, and 5.77 percent shall be credited to the Tobacco Use Reduction Account established under ORS 431A.153.
(5) All moneys received by the Department of Revenue from the tax imposed by ORS 323.030 (4) shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of refunds, the balance shall be credited to the Oregon Health Authority Fund established by ORS 413.101 and shall be used to provide the services described in ORS 430.630. [1965 c.525 §93; 1969 c.299 §1; 1971 c.535 §7; 1975 c.527 §1; 1981 c.797 §7; 1985 c.816 §13; 1989 c.224 §52; 1989 c.866 §7; 1997 c.2 §2; 1999 c.21 §59; 2001 c.114 §49; 2003 c.804 §§27a,27b; 2007 c.70 §§88,89; 2009 c.595 §206a; 2009 c.797 §1; 2013 c.722 §2; 2013 s.s. c.5 §§17,18; 2014 c.114 §5; 2015 c.480 §12; 2019 c.525 §4]
Note: The amendments to 323.455 by section 11, chapter 15, Oregon Laws 2020 (first special session), become operative July 1, 2023. See section 19, chapter 15, Oregon Laws 2020 (first special session). The text that is operative on and after July 1, 2023, is set forth for the user’s convenience. (1) All moneys received by the Department of Revenue from the tax imposed by ORS 323.030 (1) shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. The department may pay expenses for administration and enforcement of ORS 323.005 to 323.482 out of moneys received from the tax imposed under ORS 323.030 (1), after all amounts available under ORS 323.459 for expenses for administration and enforcement of ORS 323.005 to 323.482 have been used. Amounts necessary to pay administrative and enforcement expenses are continuously appropriated to the department from the suspense account. After the payment of administrative and enforcement expenses and refunds, 89.65 percent shall be credited to the General Fund, 3.45 percent is appropriated to the cities of this state, 3.45 percent is appropriated to the counties of this state and 3.45 percent is continuously appropriated to the Department of Transportation for the purpose of financing and improving transportation services for older adults and individuals with disabilities.
(2) The moneys appropriated to cities and counties under subsection (1) of this section shall be paid on a monthly basis within 35 days after the end of the month for which a distribution is made. Each city shall receive such share of the money appropriated to all cities as its population, as determined under ORS 190.510 to 190.590 last preceding such apportionment, bears to the total population of the cities of the state, and each county shall receive such share of the money as its population, determined under ORS 190.510 to 190.590 last preceding such apportionment, bears to the total population of the state.
(3) The moneys appropriated to the Department of Transportation under subsection (1) of this section shall be distributed and transferred to the Statewide Transportation Improvement Fund established in ORS 184.751 at the same time as the cigarette tax moneys are distributed to cities and counties under this section.
(4) Of the moneys credited to the General Fund under subsection (1) of this section, 51.92 percent shall be dedicated to funding the maintenance and expansion of the number of persons eligible for the medical assistance program under ORS chapter 414, or to funding the maintenance of the benefits available under the program, or both, and 5.77 percent shall be credited to the Tobacco Use Reduction Account established under ORS 431A.153.
(5) All moneys received by the Department of Revenue from the tax imposed by ORS 323.030 (4) shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of refunds, the balance shall be credited to the Oregon Health Authority Fund established by ORS 413.101 and shall be used to provide the services described in ORS 430.630.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 08 - Revenue and Taxation

Chapter 323 - Cigarettes and Tobacco Products

Section 323.010 - Definitions for ORS 323.005 to 323.482.

Section 323.015 - "Distribution," "distributor" and "distributor engaged in business in this state" defined.

Section 323.030 - Tax imposed; rate; exclusiveness; only one distribution taxed.

Section 323.031 - Additional tax imposed; rate.

Section 323.055 - Sales to federal installations and veterans’ institutions exempted.

Section 323.060 - Consumer exemption; payment of tax in certain cases.

Section 323.085 - Presumptions regarding distribution and prepayment of tax.

Section 323.105 - Distributor’s license.

Section 323.107 - Wholesaler’s license.

Section 323.130 - Issuance and display of license; circumstances for not issuing license; appeal.

Section 323.140 - Cancellation, revocation or suspension of license; appeal.

Section 323.160 - Tax stamps; rules.

Section 323.165 - Sale of stamps.

Section 323.170 - Payment for stamps; distributor compensation.

Section 323.185 - Date when payment for credit purchases due; extension.

Section 323.225 - Transporters’ permits and records.

Section 323.235 - Subpoenas; enforcement.

Section 323.245 - Forfeiture of cigarettes and other objects; sale or redemption of other objects.

Section 323.248 - Seizure and forfeiture of contraband cigarettes; appeal.

Section 323.250 - Exchanges of information with other governmental units.

Section 323.318 - Refund when increase in cigarette tax is not continued.

Section 323.320 - Refunds for unused stamps and for unsalable or destroyed cigarettes; interest; rules.

Section 323.335 - Date when payment or prepayment of tax is due.

Section 323.340 - Reporting requirements for distributors.

Section 323.343 - Report by persons with cigarette activity; forms.

Section 323.365 - Extension of time for reports and payment of tax; interest.

Section 323.385 - Jeopardy determinations.

Section 323.390 - Collection of unsecured, unpaid tax after deficiency or jeopardy determination; collection charge; warrants.

Section 323.401 - Refund agreement with governing body of Indian reservation; appropriation for refunds.

Section 323.404 - Disclosure and sharing of information between Department of Revenue and Oregon Health Authority.

Section 323.416 - Appeals to Tax Court.

Section 323.420 - Venue; department certificate as evidence.

Section 323.435 - Actions by Attorney General; limitation on actions; authority.

Section 323.440 - Department to enforce ORS 323.005 to 323.482; rules; personnel.

Section 323.455 - Distribution of certain cigarette tax revenues.

Section 323.457 - Distribution of additional tax proceeds.

Section 323.459 - Disposition of further tax proceeds; payment of expenses for administration and enforcement.

Section 323.480 - Civil and criminal penalties for violations of ORS 323.005 to 323.482; fine for preventing entry or examination; forfeiture; appeal.

Section 323.482 - Offense of unlawful distribution of cigarettes; forfeiture; injunctive relief.

Section 323.500 - Definitions for ORS 323.500 to 323.645.

Section 323.505 - Tax imposed on distribution; rate.

Section 323.510 - Dates for payment of tax; returns; extension; interest.

Section 323.520 - Application for distributor license.

Section 323.525 - Security; amount.

Section 323.530 - Issuance of license; display; appeal of license denial.

Section 323.535 - Cancellation, suspension or revocation of license; appeal.

Section 323.538 - Wholesale sales invoices; requirements; presumptions; penalty.

Section 323.540 - Records; contents; retention; examination.

Section 323.570 - Transport of untaxed products; permit; bills of lading.

Section 323.597 - Disclosure and sharing of information between Department of Revenue and Oregon Health Authority.

Section 323.610 - Collection of unpaid tax.

Section 323.612 - Seizure and forfeiture of contraband tobacco products; appeal.

Section 323.613 - Exchanges of information with other governmental units.

Section 323.615 - Refund agreement with governing body of Indian reservation; appropriation for refunds.

Section 323.618 - Venue; department certificate as evidence.

Section 323.619 - Actions by Attorney General; limitation on actions; authority.

Section 323.623 - Appeals.

Section 323.627 - Disposition of proceeds of tax imposed on inhalant delivery systems.

Section 323.630 - Civil and criminal penalties for violations of ORS 323.500 to 323.645; fine for preventing entry or examination.

Section 323.632 - Offense of unlawful distribution of tobacco products; forfeiture.

Section 323.640 - Tax on distributors in lieu of all other state, county or municipal taxes on sale or use of tobacco.

Section 323.700 - Definitions for ORS 323.700 to 323.730.

Section 323.706 - Requirements for persons accepting delivery sale purchase orders.

Section 323.709 - Requirements for persons mailing or shipping tobacco in delivery sales.

Section 323.715 - Notice requirements for delivery sales.

Section 323.721 - Delivery sales reporting requirements.

Section 323.727 - Penalties for violating ORS 323.700 to 323.730; seizure and forfeiture.

Section 323.740 - Entry and examination by department.

Section 323.800 - Definitions for ORS 323.800 to 323.807.

Section 323.803 - Findings and purpose.

Section 323.806 - Required actions by manufacturers; liability of importers.

Section 323.807 - Assignment of interest in qualified escrow fund to state.

Section 323.810 - Definitions for ORS 323.810 to 323.816.

Section 323.813 - Findings and purpose.

Section 323.816 - Required actions by manufacturer.

Section 323.850 - Legislative findings.

Section 323.853 - Definitions for ORS 323.850 to 323.862.

Section 323.856 - Tax stamps prohibited on cigarette packages not meeting federal requirements.

Section 323.859 - Notice; effect of failure to receive notice.

Section 323.862 - Disclosure of information.

Section 323.865 - Rulemaking authority.