Tuesday, October 9, 2012

Licensees Names Private, AG Must Defend This--Measure 80 part 27

  With these last few details about name disclosure, the Attorney General's responsibility with respect to this law, and the date it will take effect, we're finally reaching the end of the text of Measure 80:

474.305 Disclosure of names and addresses prohibited. Information on applicants, licensees, and purchasers under this chapter shall not be disclosed except upon the person’s request.

474.315 Attorney General’s duties. The Attorney General shall vigorously defend this Act and any person prosecuted for acts licensed under this chapter, propose a federal and/or international act to remove impediments to this chapter, deliver the proposed federal and/or international act to each member of Congress and/or international organization, and urge adoption of the proposed federal and/or international act through all legal and appropriate means.

474.325 Effect. This Act shall take effect on January 1, 2013. Any section of this Act being held invalid as to any person or circumstance shall not affect the application of any other section of this Act that can be given full or partial effect without the invalid section or application.

If any law or entity of any type whatsoever is held to impede this chapter’s full effect, unimpeded provisions shall remain in effect and the impeded provisions shall regain effect upon the impediments removal.  

  Here we go:

The identity of anyone who applies for an OCC license will not be public knowledge.  This is necessary to protect applicants and licensees from Federal prosecution.

The law makes it the duty of the Attorney General to defend this Act.  This insures that the state's top law enforcement official will enforce and protect the will of the people of Oregon against Federal challenges.

The law will go into effect on January 1, 2013, and if any part of the law is ruled unenforceable, those parts of the law that are enforceable will go into effect.

Finally, if any law or entity keeps any part of this law from going into effect, the parts of the law that are not being challenged will still go into effect. 

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