Oregon 2009 bill text

HB 2184

The following text was found at http://www.leg.state.or.us/09reg/measures/hb2100.dir/hb2184.intro.html

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Environmental Quality)
 
 
                             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.
 
  Establishes goal for beverage container return rate. Changes
definition of 'beverage.' Authorizes Oregon Liquor Control
Commission to establish standards for redemption of beverage
containers. Requires Department of Environmental Quality to
report to Seventy-ninth Legislative Assembly on certain matters
related to beverage containers. Increases refund value for
beverage containers.
 
                        A BILL FOR AN ACT
Relating to beverage containers; creating new provisions; and
  amending ORS 459A.700, 459A.705 and 471.501.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Legislative Assembly establishes an
annual beverage container return rate goal of at least 80 percent
to be achieved no later than calendar year 2015 and every year
thereafter.
  (2) The Department of Environmental Quality shall determine the
beverage container return rate for each calendar year by dividing
the number of beverage containers sold in Oregon by the number of
beverage containers returned for the refund value specified in
ORS 459A.705. + }
  SECTION 2. ORS 459A.700, as amended by section 1, chapter 303,
Oregon Laws 2007, is amended to read:
  459A.700. As used in ORS 459.992 (3) and (4) and 459A.700 to
459A.740, unless the context requires otherwise:
  (1) 'Beverage' means  { + any of the following in liquid form
and intended for human consumption:
  (a) Distilled liquor;
  (b) Wine;
  (c) + } Water and flavored water  { - , - }  { + ; + }
   { +  (d) + } Beer or other malt beverages   { - and - }
 { + ; + }
   { +  (e) + } Mineral waters, soda water and similar carbonated
soft drinks   { - in liquid form and intended for human
consumption - }  { + ; and
  (f) Sports drinks, coffee, tea, juice and similar noncarbonated
drinks + }.
 
 
  (2)(a) 'Beverage container' means an individual, separate,
sealed glass, metal or plastic bottle or can containing a
beverage in a quantity less than or equal to three fluid liters.
  (b) 'Beverage container' does not include cartons, foil pouches
and drink boxes.
  (3) 'Commission' means the Oregon Liquor Control Commission.
  (4) 'Consumer' means every person who purchases a beverage in a
beverage container for use or consumption.
  (5) 'Dealer' means every person in this state who engages in
the sale of beverages in beverage containers to a consumer, or
means a redemption center certified under ORS 459A.735.
  (6) 'Distributor' means every person who engages in the sale of
beverages in beverage containers to a dealer in this state
including any manufacturer who engages in such sales.
  (7) 'Importer' means any dealer or manufacturer who directly
imports beverage containers into this state.
  (8) 'In this state' means within the exterior limits of the
State of Oregon and includes all territory within these limits
owned by or ceded to the United States of America.
  (9) 'Manufacturer' means every person bottling, canning or
otherwise filling beverage containers for sale to distributors,
importers or dealers.
  (10) 'Place of business of a dealer' means the location at
which a dealer sells or offers for sale beverages in beverage
containers to consumers.
  (11) 'Use or consumption' includes the exercise of any right or
power over a beverage incident to the ownership thereof, other
than the sale or the keeping or retention of a beverage for the
purposes of sale.
  (12) 'Water and flavored water' means any beverage identified
through the use of letters, words or symbols on its product label
as a type of water.
  SECTION 3. ORS 459A.705 is amended to read:
  459A.705. (1) Except as provided in subsection (2) of this
section, every beverage container sold or offered for sale in
this state shall have a refund value of not less than
 { - five - }   { + 10 + } cents.
  (2) Every beverage container certified as provided in ORS
459A.725, sold or offered for sale in this state, shall have a
refund value of not less than two cents.
  SECTION 4. ORS 471.501 is amended to read:
  471.501. Nothing in this chapter prevents a brewery licensed
under ORS 471.220 or a brewery-public house licensed under ORS
471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess
of   { - five - }   { + 10 + } cents per container for the
purpose of encouraging purchasers to return the containers
directly to the brewery or brewery-public house. A refund value
in excess of   { - five - }   { + 10 + } cents per container may
be paid under this section only to persons who are not licensed
under this chapter and who return the containers directly to the
brewery or brewery-public house.
  SECTION 5. { +  (1) The Oregon Liquor Control Commission may
establish standards for the redemption of beverage containers by
dealers.
  (2) The commission shall appoint an advisory committee to
provide input and recommendations to the commission in regard to
the redemption of beverage containers. + }
  SECTION 6.  { + The Oregon Liquor Control Commission may adopt
rules as necessary to implement section 5 of this 2009 Act. + }
  SECTION 7.  { + The Department of Environmental Quality, in
consultation with dealers, distributors, manufacturers and the
Oregon Liquor Control Commission, shall report to the
Seventy-ninth Legislative Assembly, no later than February 1,
2017, in the manner provided in ORS 192.245 regarding:
  (1) Annual beverage container return rates;
  (2) Success in achieving the annual beverage container return
rate goal established by section 1 of this 2009 Act;
  (3) Whether a state-run redemption center system is necessary;
  (4) Collecting and utilizing the refund value of beverage
containers that are not returned; and
  (5) Any other recommendations to help improve the return of
beverage containers in this state. + }
  SECTION 8. { +  Sections 1, 5 and 6 of this 2009 Act are added
to and made a part of ORS 459A.700 to 459A.740. + }
  SECTION 9.  { + (1) The amendments to ORS 459A.700 by section 2
of this 2009 Act become operative January 1, 2013. + }
   { +  (2) The amendments to ORS 459A.705 and 471.501 by
sections 3 and 4 of this 2009 Act become operative January 1,
2011. + }

HB 3465

The following text was found at http://www.leg.state.or.us/09reg/measures/hb3400.dir/hb3465.intro.html

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 3692
 
                         House Bill 3465
 
Sponsored by Representative DEMBROW, Senator DINGFELDER
 
 
                             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.
 
  Requires distributor and organization representing group of
distributors to remit to Department of Revenue amount equal to
total refund value of beverage containers sold by distributor or
group of distributors less amount actually refunded to dealers
each quarter. Requires that distributor and organization
representing group of distributors keep certain records and make
reports to department. Requires that distributor and organization
representing group of distributors make certain records available
to department. Provides civil penalties for failure to keep
accurate records or provide reports.
 
                        A BILL FOR AN ACT
Relating to beverage containers; and providing for revenue
  raising that requires approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 459A.700 to 459A.740. + }
  SECTION 2.  { + (1) Each distributor and organization
representing a group of distributors shall remit to the
Department of Revenue an amount equal to the total refund value
of the beverage containers sold by the distributor or group of
distributors less the amount actually refunded to dealers each
calendar quarter. The report must be provided to the department
within ___ days of the end of each quarter. Moneys received by
the department under this section shall be deposited in the
General Fund after the deduction of any expenses of the
department in administering the provisions of this section.
  (2)(a) Each distributor and organization representing a group
of distributors shall keep accurate records reflecting the number
of beverage containers sold, the number of beverage containers
returned and the total amount of refund payments made to dealers
during each quarter.
  (b) At the same time the distributor or organization
representing a group of distributors makes the quarterly payment
required by subsection (1) of this section, the distributor or
organization shall also submit a report to the department
detailing the information specified in paragraph (a) of this
subsection.
  (3) The department may not disclose records of a distributor or
an organization representing a group of distributors obtained by
the department pursuant to this section. The department may
disclose information contained in records obtained by the
department pursuant to this section in aggregate form as long as
the department does not identify individual distributors.
  (4) Each distributor and organization representing a group of
distributors shall make the records specified in this section
available to the department upon a request for inspection and
audit.
  (5) Each distributor and organization representing a group of
distributors that fails to keep accurate records or provide the
reports required by this section shall be liable for a civil
penalty of ___ per occurrence. + }