Bill Text: OR SB1508 | 2012 | Regular Session | Enrolled
Bill Title: Relating to beverage containers; and declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2012-04-12 - Effective date, April 11, 2012. [SB1508 Detail]
Download: Oregon-2012-SB1508-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1508
Sponsored by Senator ATKINSON; Senator HASS (Presession filed.)
CHAPTER ................
AN ACT
Relating to beverage containers; creating new provisions;
amending ORS 459.992; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 459A.700 to 459A.740. + }
SECTION 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
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
Enrolled Senate Bill 1508 (SB 1508-A) Page 1
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, the commission may not disclose any
information provided by a distributor, an importer or a
distributor cooperative under subsection (5) of this section. + }
SECTION 3. { + The first reports to the Oregon Liquor Control
Commission required under section 2 (5) of this 2012 Act must be
filed no later than July 1, 2013, for calendar year 2012. + }
SECTION 4. ORS 459.992 is amended to read:
459.992. (1) The following are Class A misdemeanors:
(a) Violation of rules or ordinances adopted under ORS 459.005
to 459.105 and 459.205 to 459.385.
(b) Violation of ORS 459.205.
(c) Violation of ORS 459.270.
(d) Violation of ORS 459A.080.
(e) Violation of ORS 459.272.
(2) Each day a violation referred to by subsection (1) of this
section continues constitutes a separate offense. Such separate
offenses may be joined in one indictment or complaint or
information in several counts.
(3) Violation of ORS 459A.705, 459A.710 or 459A.720 { + or
section 2 (5) of this 2012 Act + } is a Class A misdemeanor.
(4) In addition to the penalty prescribed by subsection (3) of
this section, the Oregon Liquor Control Commission or the State
Department of Agriculture may revoke or suspend the license of
any person who willfully violates ORS 459A.705, 459A.710 or
Enrolled Senate Bill 1508 (SB 1508-A) Page 2
459A.720 { + or section 2 (5) of this 2012 Act + }, who is
required by ORS chapter 471 or 635, respectively, to have a
license.
SECTION 4. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by Senate February 17, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 29, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1508 (SB 1508-A) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1508 (SB 1508-A) Page 4
