75th OREGON LEGISLATIVE ASSEMBLY--2009 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 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. + }
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