After a recent audit by Oregon Secretary of State's audit Director Kip Memmott, titled "Oregon Has an Opportunity to Modernize Groundbreaking Bottle Bill on its 50th Anniversary," the Oregon Liquor Control Commission has agreed and accepted two recommendations, in order to increase State revenue, and protect the environment.

Nathan Rix, the Deputy Director of the OLCC, responded to the audit in a November 4th letter addressed to Memmott stating "OLCC does not have the authority to make the suggested changes, but we agree that OLCC has a role to play assisting with this process."

The first recommendation of the audit was "In order to comply with state statutes, we recommend that OLCC work with entities under regulatory authority to ensure they are complying with existing unclaimed property laws"

Essentially the Secretary of State's office was used to conduct an audit into new revenue streams for the State. In an unprecedented request the audit Director Memmott asks the OLCC to comply with state statute regarding unclaimed property. During the 2019 session, SB 454 quietly passed through the legislature with a "relating to" clause, giving the Treasurer and the Executive branch full administrative powers over all "unclaimed property". The official summary of the bill was "Transfers administration of Uniform Disposition of Unclaimed Property Act, unclaimed estates and escheating funds from Department of State Lands to State Treasurer."

It also changed the process individuals would need to go through in order to claim their property, giving the state sovereign status and constitutional rights to unclaimed property, while the owner in question must appeal within ten days (of notice), to an administrative court.

In light of COVID-19 bottle return shutdowns, due to sanitation concerns, and limits of 140 bottles (a mere fourteen dollars) per day, many Oregonians have given up on returning their cans. Frustrated Oregonians have complained on social media, and no doubt to lawmakers. At times, lines have wrapped around the building at bottle drop sites, as unemployment is at an all time high, returning cans has been a source of income, few can live without.

Now the State has entered into this equation, vying for a piece of the pie, and has suggested an additional five cent increase, if bottle returns remain below 80%, for two consecutive years. The report, the audit, nor the response addresses an increase to bottles returned per day. The response by Rix does however, address working with private industry to educate store employees, and make it known that preventing bottle returns is illegal. It's unclear how OSHA, or the Governor might affect future bottle return site closures. Just this week Oregon Governor Kate Brown issued another order for a "two week pause", to 11 out of 36 Oregon counties.

50 years ago Governor Tom McCall began the iconic bottle bill, which has led the nation, incentivizing good stewardship and environmental consciousness. Today Oregon is considering adding items to the list of refundables. After recently increasing taxes by 800% on wine and liqueur, Oregon could soon see a deposit on its already taxed, wine bottles, and liquor containers.

It's also unclear if public comment, or stakeholder input will be accepted prior to implementing these new recommendations.


--Breeauna Sagdal

Post Date: 2020-11-11 17:05:01