On behalf of its membership, ONSA has maintained a constant presence at the State Capitol throughout the 2009 Oregon Legislative Session. While the budget deficit has been the primary focus, there are a number of other bills that will interest storeowners and operators. Some of the following bills have been approved and are awaiting the Governor’s signature; others remain pending until session adjourns. Even those bills that received little, if any, attention during the committee hearings are not necessarily ‘dead’ as it is possible for the provisions from one bill to find their way into a totally separate bill and continue to move through the legislative process. The final disposition of the bills being monitored by ONSA will be posted to the web site following session. If you have any questions, please contact ONSA or look for additional information on the Oregon Legislature‘s web site: http://www.leg.state.or.us/

SB 213 – Tobacco Regulation & Attorney General Authority
Clarifies that out-of-state and Internet sellers of tobacco products to Oregon consumers are subject to the same regulation as Oregon retailers. Authorizes imposition of civil penalty for violation of tobacco regulations of up to $5,000 per violation. Effective Jan. 1, 2010.
Passed Senate 24 to 5. Passed House 55 to 2. Signed by Governor.

SB 214 – Attorney General Authority /Distributors
Allows the Attorney General to subpoena the records of tobacco product distributors and manufacturers to produce information or provide testimony concerning cigarette manufacture and distribution. Failure to comply with a subpoena constitutes contempt of court. The bill covers all distributors of tobacco products, including cigarettes and roll-your-own products.
Passed Senate 28 to 1. Passed House 59 to 0. Signed by Governor.

SB 227 – Alcohol & Minors
Increases fine for knowingly furnishing alcohol to a minor or someone who is visibly intoxicated from $350 to at least $500 for first conviction, for second conviction a fine of at least $1,000 and for subsequent convictions a fine of at least $1,500 and not less than 30 days imprisonment.
For persons licensed by OLCC, including an agent or employee of agent, who knowingly sells or provides alcohol to a minor the mandatory minimum sentence will be a fine of at least $350 for first conviction and for a second or subsequent conviction, a fine of at least $1,000. The court would be allowed to waive at least $200, but not more than one-third of fine, if the violator performs at least 30 hours of community service.
Passed Senate 30 to 0. Passed House 60 to 0.

HB 2247 – OLCC Insurance & bond requirements

HB 2247 provides the Oregon Liquor Control Commission with the authority to immediately suspend or refuseto renew a liquor license, if the licensee fails to comply with liquor liability insurance or surety bond requirements. Failure to supply proof of compliance at time of license renewal or upon request is grounds for immediate suspension or refusal of renewal.
Passed House 53 to 0. Passed Senate 27 to 0.

HB 2184 – Beverage Containers
As introduced, HB 2184 included deposits on wine and distilled liquor bottles and proposed to automatically increase the deposit rate to 10 cents effective Jan. 1, 2011.
The bill was amended to establish a goal of 80% beverage container return rate by Jan. 1, 2016, with a provision to increase the deposit to 10 cents after Jan. 1, 2016, if the goal was not met. Sports drinks, coffee, tea, juice and other noncarbonated beverage containers were to be added to the list of containers subject to deposit effective Jan. 1, 2013. In addition, dealers served by a redemption center would be required to accept at least 24 containers per person per day at the dealer’s location. This version of the bill, HB 2184-A-Eng. did not receive a vote on the House floor, but was returned to the House Environment and Water Committee.
The measure was further amended to remove the provisions dealing with redemption centers and the requirement for dealers to accept a certain number of containers. HB 2184-B-Eng. was sent to House floor a second time, but the bill was referred to Revenue Committee, presumably for lack of votes. The bill remains pending and Revenue will remain open until the end of session.

HB 2672 – Tax on moist snuff

HB 2672 proposes to increase the tax on moist snuff to $1.78 per ounce, minimum tax is $2.14 per retail container. The bill would require tobacco companies to report to Attorney General and the Attorney General would be required to develop and maintain directory of information. Sale of smokeless tobacco products not listed in directory would be prohibited. Provides penalties for non-compliance.

Approved by House 40 to 18. Bill is on the way to Senate floor for a vote, with a “do pass” recommendation.