71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
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 3273
A-Engrossed
Senate Bill 935
Ordered by the Senate May 25
Including Senate Amendments dated May 25
Sponsored by Senator FERRIOLI, Representative MORRISETTE
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.
{ - Provides that - } { + Establishes + } rate { - or
rates - } of compensation to be paid under contract between
Oregon Liquor Control Commission and agent operating store on
behalf of commission { + for 2001-2003 biennium. Provides that
thereafter rate or rates shall + } be established by negotiations
{ + every two years + } between commission and negotiating team
selected by vote of agents. Provides cost-of-living escalator for
rate of compensation.
{ + Sunsets provisions regarding establishing rate of
compensation on January 1, 2004. + }
{ - Prohibits conduct of minor decoy operation by employee of
commission. Provides that law enforcement agencies may conduct
minor decoy operations only in response to one or more complaints
about sales of alcoholic beverages to minors by specific licensee
or agent of commission. - }
{ - Transfers powers and duties of commission relating to
promotion of temperance to Health Division. - }
{ + Requires commission to enter into agreement with Health
Division of Department of Human Services for performance of
duties of commission relating to promotion of temperance in use
of alcohol.
Sunsets requirement to enter into agreement with division for
temperance promotion on January 1, 2004. + }
Establishes Distilled Liquor Task Force. Specifies membership
of task force. Directs that task force study and make
recommendations on sales of distilled liquor by the bottle and
other subjects. Requires report to Seventy-second Legislative
Assembly.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions; and
amending ORS 431.110 and 471.030.
Be It Enacted by the People of the State of Oregon:
{ +
AGENT COMPENSATION + }
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 471. + }
SECTION 2. { + (1) The rate or rates of compensation to be
paid under a contract between the Oregon Liquor Control
Commission and an agent appointed by the commission under ORS
471.750 shall be 8.54 percent during the 2001-2003 biennium, and
thereafter shall be established by negotiations conducted once
every two years between the commission and a negotiating team
selected by vote of all agents then operating stores on behalf of
the commission. The vote on the negotiating team must be
conducted in a manner to provide representatives from stores
operated in urban, suburban and rural areas and to ensure
representation for all geographical areas of this state. The rate
or rates of compensation agreed to by the commission and the
negotiating team apply to all contracts entered into or renewed
on or after the effective date of the agreement, and shall be
subject to adjustment under the provisions of subsection (2) of
this section.
(2) As soon as possible after January 1 each year, the
commission shall determine the percentage increase or decrease in
the cost of living for the previous calendar year, based on the
Consumer Price Index (Portland area-all items) as published by
the Bureau of Labor Statistics of the U.S. Department of Labor
for the Portland, Oregon, area. Before July 1 each year the
compensation paid to agents appointed by the commission under ORS
471.750 shall be multiplied by the percentage figure determined,
and the compensation for the next 12 months beginning July 1
shall be in the amount so calculated. + }
{ +
PROMOTION OF TEMPERANCE + }
SECTION 3. ORS 471.030 is amended to read:
471.030. (1) The Liquor Control Act shall be liberally
construed so as:
(a) To prevent the recurrence of abuses associated with saloons
or resorts for the consumption of alcoholic beverages.
(b) To eliminate the evils of unlicensed and unlawful
manufacture, selling and disposing of such beverages and to
promote temperance in the use and consumption of alcoholic
beverages.
(c) To protect the safety, welfare, health, peace and morals of
the people of the state.
(2) Consistent with subsection (1) of this section, it is the
policy of this state to encourage the development of all Oregon
industry.
{ + (3) The Oregon Liquor Control Commission shall enter into
an agreement with the Health Division of the Department of Human
Services for the performance of all duties of the commission
relating to the promotion of temperance in the use and
consumption of alcoholic beverages. + }
SECTION 3a. ORS 471.030, as amended by section 3 of this 2001
Act, is amended to read:
471.030. (1) The Liquor Control Act shall be liberally
construed so as:
(a) To prevent the recurrence of abuses associated with saloons
or resorts for the consumption of alcoholic beverages.
(b) To eliminate the evils of unlicensed and unlawful
manufacture, selling and disposing of such beverages and to
promote temperance in the use and consumption of alcoholic
beverages.
(c) To protect the safety, welfare, health, peace and morals of
the people of the state.
(2) Consistent with subsection (1) of this section, it is the
policy of this state to encourage the development of all Oregon
industry.
{ - (3) The Oregon Liquor Control Commission shall enter into
an agreement with the Health Division of the Department of Human
Services for the performance of all duties of the commission
relating to the promotion of temperance in the use and
consumption of alcoholic beverages. - }
SECTION 3b. { + The amendments to ORS 471.030 by section 3a of
this 2001 Act become operative on January 1, 2004. + }
SECTION 4. ORS 431.110 is amended to read:
431.110. (1) Subject to ORS 417.300 and 417.305, the Health
Division shall:
(a) Have direct supervision of all matters relating to the
preservation of life and health of the people of the state.
(b) Keep the vital statistics and other health related
statistics of the state.
(c) Make sanitary surveys and investigations and inquiries
respecting the causes and prevention of diseases, especially of
epidemics.
(d) Investigate, conduct hearings and issue findings in
connection with annexations proposed by cities as provided in ORS
222.840 to 222.915.
(e) Have full power in the control of all communicable
diseases.
(f) Have authority to send a representative of the division to
any part of the state when deemed necessary.
(g) From time to time, publish and distribute to the public in
such form as the division determines, such information as in its
judgment may be useful in carrying on the work or purposes for
which the division was established.
(h) Carry out the duties imposed on the division under ORS
chapter 690.
{ + (i) Promote temperance in the use and consumption of
alcoholic beverages on behalf of the Oregon Liquor Control
Commission pursuant to the terms of the agreement required by ORS
471.030. + }
(2) Family support services provided by the Health Division
shall be delivered in accordance with the principles described in
ORS 417.342 and 417.344.
SECTION 4a. ORS 431.110, as amended by section 4 of this 2001
Act, is amended to read:
431.110. (1) Subject to ORS 417.300 and 417.305, the Health
Division shall:
(a) Have direct supervision of all matters relating to the
preservation of life and health of the people of the state.
(b) Keep the vital statistics and other health related
statistics of the state.
(c) Make sanitary surveys and investigations and inquiries
respecting the causes and prevention of diseases, especially of
epidemics.
(d) Investigate, conduct hearings and issue findings in
connection with annexations proposed by cities as provided in ORS
222.840 to 222.915.
(e) Have full power in the control of all communicable
diseases.
(f) Have authority to send a representative of the division to
any part of the state when deemed necessary.
(g) From time to time, publish and distribute to the public in
such form as the division determines, such information as in its
judgment may be useful in carrying on the work or purposes for
which the division was established.
(h) Carry out the duties imposed on the division under ORS
chapter 690.
{ - (i) Promote temperance in the use and consumption of
alcoholic beverages on behalf of the Oregon Liquor Control
Commission pursuant to the terms of the agreement required by ORS
471.030. - }
(2) Family support services provided by the Health Division
shall be delivered in accordance with the principles described in
ORS 417.342 and 417.344.
SECTION 4b. { + The amendments to ORS 431.110 by section 4a of
this 2001 Act become operative on January 1, 2004. + }
{ +
DISTILLED LIQUOR TASK FORCE + }
SECTION 5. { + (1) The Distilled Liquor Task Force is created,
to consist of 13 members. The task force shall consist of:
(a) Three agents who operate stores on behalf of the Oregon
Liquor Control Commission under ORS 471.750, appointed by the
President of the Senate, with one agent to represent large urban
stores, one agent to represent medium suburban stores and one
agent to represent small rural stores;
(b) Three members of the public who are not connected with the
Oregon Liquor Control Commission or with the sale of distilled
liquors, appointed by the Speaker of the House of
Representatives;
(c) A member of the Senate, appointed by the President of the
Senate;
(d) A member of the House of Representatives, appointed by the
Speaker of the House of Representatives;
(e) A member to represent law enforcement, appointed by the
President of the Senate;
(f) A member to represent agencies that provide drug and
alcohol counseling services, appointed by the Speaker of the
House of Representatives;
(g) A representative of an Oregon manufacturer of distilled
liquors, appointed by the Speaker of the House of
Representatives;
(h) A representative of out-of-state manufacturers of distilled
liquors, appointed by the President of the Senate; and
(i) An officer or employee of the Oregon Liquor Control
Commission, appointed by the commission.
(2) Legislative members of the Distilled Liquor Task Force are
entitled to payment of compensation and expense reimbursement
under ORS 171.072, payable from funds appropriated to the
Legislative Assembly.
(3) During the 2001-2003 interim between sessions of the
Legislative Assembly, the Distilled Liquor Task Force shall study
the following:
(a) Approaches taken by other states in eliminating state
monopolies on sale of distilled liquor by the bottle.
(b) Elimination of the warehousing and distribution system
currently used for the importation and distribution of distilled
liquors.
(c) Licensing of the sale of distilled liquor by the bottle,
with the following provisions:
(A) Licensing procedures and qualifications similar to the
procedures and qualifications applicable to off-premises sales
licenses;
(B) Elimination of price setting by the commission for sales of
distilled liquor by the bottle;
(C) Purchase of the distilled liquor inventory of the
commission by holders of the licenses authorizing sale of
distilled liquor by the bottle; and
(D) Issuance of licenses to the agents operating commission
stores to protect the interests of those agents.
(d) If the state monopoly on sales of distilled liquor by the
bottle is not eliminated, changes in the contracts between agents
and the commission that would provide greater independence to the
agents, including elimination of unnecessary financial accounting
requirements.
(e) Such other issues as the Governor, the President of the
Senate or the Speaker of the House of Representatives shall
recommend, or as may be brought before the task force by the
negotiating team provided for in section 2 of this 2001 Act.
(4) The Distilled Liquor Task Force shall report to the
Seventy-second Legislative Assembly in the manner provided by ORS
192.245. The report shall include the recommendations of the task
force, including proposed legislation for implementation of the
recommendations. + }
SECTION 6. { + Section 2 of this 2001 Act is repealed on
January 1, 2004. + }
SECTION 7. { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
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