Bill Text: OR SB112 | 2013 | Regular Session | Enrolled
Bill Title: Relating to enforcement of laws regarding beverage containers; and declaring an emergency.
Sponsorship: Committee Bill
Status: (Passed) 2013-05-24 - Effective date, May 16, 2013. [SB112 Detail]
Download: Oregon-2013-SB112-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 112
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 Senate Interim Committee on
Environment and Natural Resources)
CHAPTER ................
AN ACT
Relating to enforcement of laws regarding beverage containers;
creating new provisions; amending section 2, chapter 100,
Oregon Laws 2012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 459A.700 to 459A.740. + }
SECTION 2. { + (1) The Oregon Liquor Control Commission may
impose a civil penalty of at least $50, but not more than $500,
for a violation of any provision of ORS 459A.700 to 459A.740.
Each day a violation occurs constitutes a separate violation. The
authority to impose a civil penalty under this section is in
addition to and not in lieu of the revocation and suspension
authority under ORS 459.992 (4) and the criminal penalty
authorized by ORS 459.992.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses. + }
SECTION 3. { + Section 2 of this 2013 Act applies only to
violations of ORS 459A.700 to 459A.740 occurring on or after the
effective date of this 2013 Act. + }
SECTION 4. Section 2, chapter 100, Oregon Laws 2012, is amended
to read:
{ + Sec. 2. + } (1) Two or more distributors or importers may
establish a distributor cooperative for the purposes of:
(a) Collecting the refund value of beverage containers
specified in ORS 459A.705 from distributors or importers and
refunding to dealers the amount the dealers paid for the refund
value of empty beverage containers;
(b) Paying the refund value specified in ORS 459A.705 for
beverage containers sold in this state; and
(c) Processing beverage containers sold in this state.
(2) A distributor cooperative established under this section
must service a majority of the dealers in this state.
(3) If a distributor cooperative is established, a dealer that
uses the distributor cooperative to redeem and process beverage
containers sold in this state is not required to return beverage
Enrolled Senate Bill 112 (SB 112-A) Page 1
containers to a distributor or importer that does not participate
in the distributor cooperative, provided that the dealer or the
distributor cooperative provides an accounting to the distributor
or importer of the beverage containers by brand and kind that
were distributed by the distributor or importer and subsequently
redeemed by the dealer or distributor cooperative.
(4) Upon receipt of the accounting required by subsection (3)
of this section, a distributor or importer that does not
participate in the distributor cooperative must pay the refund
value of the redeemed beverage containers specified in the
accounting to the dealer or distributor cooperative that provided
the accounting.
(5)(a) For purposes of this subsection, beverage container
return data is the number of beverage containers returned for the
refund value specified in ORS 459A.705 in Oregon during the
calendar year and the number of beverage containers that carry a
refund value specified in ORS 459A.705 sold in Oregon during the
calendar year, calculated separately.
(b) By July 1 of each calendar year, a distributor cooperative
shall provide the Oregon Liquor Control Commission with a report
that lists, in aggregate form for all distributors and importers
that participate in the distributor cooperative, the previous
calendar year's beverage container return data, calculated
separately for glass, metal and plastic beverage containers.
(c) By July 1 of each calendar year, a distributor or importer
that does not participate in a distributor cooperative shall
provide the commission with a report that lists the distributor's
or the importer's beverage container return data for the previous
calendar year, calculated separately for glass, metal and plastic
beverage containers.
(6)(a) By August 1 of each calendar year, using the beverage
container return data provided in subsection (5)(b) of this
section, the Oregon Liquor Control Commission shall calculate the
previous calendar year's percentage of beverage containers
returned for the refund value specified in ORS 459A.705 for each
distributor cooperative. The commission shall carry out the
calculation separately for glass, metal and plastic beverage
containers and shall post the percentages on the commission's
website.
(b) By August 1 of each calendar year, using the beverage
container return data provided in subsection (5)(c) of this
section, the commission shall calculate the previous calendar
year's percentage of beverage containers returned for the refund
value specified in ORS 459A.705 for each distributor or importer
that does not participate in a distributor cooperative. The
commission shall carry out the calculation separately for glass,
metal and plastic beverage containers and shall post the
percentages on the commission's website.
(c) By August 1 of each calendar year, using the beverage
container return data provided in subsection (5)(b) and (c) of
this section, the commission shall calculate the previous
calendar year's percentage of beverage containers returned for
the refund value specified in ORS 459A.705 for all distributors
and importers in Oregon. The commission shall carry out the
calculation for all beverage containers, and separately for
glass, metal and plastic beverage containers, and shall post the
percentages on the commission's website.
(d) Except for the percentages described in paragraphs (a) to
(c) of this subsection { + or in a proceeding under section 2 of
this 2013 Act for a violation of subsection (5) of this
Enrolled Senate Bill 112 (SB 112-A) Page 2
section + }, the commission may not disclose any information
provided by a distributor, an importer or a distributor
cooperative under subsection (5) of this section.
{ + (7)(a) In order to determine compliance with the
provisions of subsection (5) of this section, within six months
of the date that the commission receives a report described in
subsection (5)(b) and (c) of this section, the commission may
review or audit the records of each reporting distributor
cooperative, or each reporting distributor or importer that does
not participate in a distributor cooperative.
(b)(A) If in the course of a review described in paragraph (a)
of this subsection the commission determines that an audit of a
distributor cooperative, distributor or importer is necessary,
the commission shall require the distributor cooperative,
distributor or importer to retain an independent financial audit
firm to determine the accuracy of information contained in the
report. The distributor cooperative, distributor or importer that
is the subject of review shall pay the costs of the audit. The
audit must be limited to the records described in paragraph (a)
of this subsection.
(B) The commission shall adopt rules to carry out the
provisions of this paragraph. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
Passed by Senate April 9, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 8, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 112 (SB 112-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 112 (SB 112-A) Page 4
