[NFBOK-Talk] NFBOK URGENT!!! Oklahoma Legislative Action necessary !!!!!
Jeannie Massay
jmassay1 at cox.net
Fri Feb 5 00:10:27 UTC 2016
Fellow Federationists,
Recently we have been made aware of two legislative bills submitted within
the State House of Representatives that could have an effect on the BEP
program. It's situations like this that make it so very important for you to
make your voice heard at the Capitol. Please use the link below to locate
your local Representative and Senator. Let them know that you, as a blind
constituent, oppose this legislation. Please call, e-mail or find them on
social media to make them aware of our opposition. This will take a few
minutes of your time but you can make a huge difference. We speak loudly
with our collective voice! The bills are below my signature.
Your help, as always, is greatly appreciated. I look forward to seeing you
at our state convention in April!
Warmly,
Jeannie
Jeannie M. Massay, President
National Federation of theBlind
Of Oklahoma
505 Baker Street
Norman, OK 73072
Phone: 405-600-0695
Jeannie.massay at nfbok.org <mailto:Jeannie.massay at nfbok.org>
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day, we raise
expectations of the blind because low expectations create obstacles between
blind people and our dreams. Blindness is not what holds you back. You can
live the life youw ant.!.
Here is the web site to find out your legislative representatives. Keep
scrolling down and you'll find it. For JAWS users, just keep hitting the
letter f for form and it will drop you to it. Just fill out your address and
zip. It will give both state and national representatives for your
districts.
http://www.okhouse.gov/
STATE OF OKLAHOMA
2nd Session of the 55th Legislature (2016)
HOUSE BILL 3023
By: Pfeiffer and Hickman
AS INTRODUCED
<StartFT>An Act relating to the State Capitol Building; amending 7 O.S.
2011, Section 73, which relates to vending facilities; providing exception
for areas of the State Capitol Building; and providing an effective
date.<EndFT>
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 7 O.S. 2011, Section 73, is amended to read as
follows:
Section 73. A. It shall be the duty of the board of county commissioners
of each county and the governing boards of all state institutions, state
agencies and state or county public trust authorities, with regard to the
premises of county or state property under their respective jurisdictions or
the premises of property leased by them in whole or in part, to give
priority to vending facilities operated by licensed blind operators and
established by the State Department of Rehabilitation Services. Governing
boards shall observe such priority by entering into an agreement with the
Department. Operators shall be licensed by the Department.
B. Governing boards shall make available free of any charge, fee,
assessment or commission on sales adequate space with sufficient electrical,
plumbing, heating and ventilation outlets for the operation of a vending
facility on satisfactory sites. Governing boards shall provide free of any
charge, fee, assessment or commission on sales the use of utilities needed
to operate a vending facility.
C. The provisions of this section shall not apply to the operation of
fairgrounds, exposition centers, trade/consumer show facilities, pari-mutuel
horse racing facilities as licensed by the Oklahoma Horse Racing Commission,
parks, golf courses or, hospitals operated by county trust authorities or
the State Capitol Building and grounds.
SECTION 2. This act shall become effective November 1, 2016.
55-2-8619 LRB 01/20/16
HB 2745.pdf
STATE OF OKLAHOMA
2nd Session of the 55th Legislature (2016)
HOUSE BILL 2745 By: Condit
AS INTRODUCED
An Act relating to environment and natural resources; creating the Oklahoma
Beverage Containers Control Act; providing definitions; establishing the
refund
value of a beverage container sold in the state; providing for the return of
the refund value to the consumer; requiring a distributor to reimburse
certain
persons who redeem empty beverage containers a certain amount; allowing
certain persons to compact empty metal beverage containers; prohibiting a
dealer
from refusing to accept an empty beverage container from a consumer;
providing for the acceptance and pickup of empty beverage containers by a
distributor;
limiting payment requirement on nonrefillable beverage containers; requiring
a distributor to accept certain empty beverage containers from a dealer
agent;
allowing a dealer, distributor, licensee and manufacturer or distributor to
refuse to accept empty beverage containers without certain marking and under
certain conditions; requiring beverage containers sold in the state to be
marked in a certain manner with the refund value; prohibiting the
importation
of unmarked beverage containers; providing exceptions for certain sized
beverage containers; providing exception for certain refillable glass
beverage
containers; allowing persons to establish a redemption center upon approval
of the Department of Environmental Quality; specifying contents of the
application;
providing for approval of redemption centers by the Department; allowing the
Department to review and withdraw the approval of a redemption center;
requiring
redemption centers to meet certain health standards; authorizing persons to
establish an unapproved redemption center; directing the Board of
Environmental
Quality to promulgate rules; authorizing certain judicial
review; providing penalties for certain violations and actions; providing
certain definition; limiting application of certain penalties; authorizing
certain
contracts or agreements by distributors; providing for the redemption of
refused nonrefillable metal beverage containers; requiring beer distributors
to
provide for certain facilities; providing penalty; prohibiting the final
disposal of beverage containers in solid waste facilities after certain
date;
directing the Department to establish an independent redemption center grant
program; defining certain term; creating the Independent Redemption Center
Grant Revolving Fund; stating source of funding; stating purpose of monies;
requiring expenditures to be on warrants; requiring the Department to
provide
grants for certain purposes; limiting grant amounts; limiting payment of
administrative costs; providing for codification; providing an effective
date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-701 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma Beverage
Containers Control Act".
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-702 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
As used in the Oklahoma Beverage Containers Control Act:
1. "Beverage" means wine, alcoholic beverage and beer as defined in Section
506 of Title 37 of the Oklahoma Statutes, mineral
water, soda water and similar carbonated soft drinks in liquid form and
intended for human consumption;
2. "Beverage container" means any sealed glass, plastic, or metal bottle,
can, jar or carton containing a beverage;
3. "Board" means the Environmental Quality Board;
4. "Consumer" means any person who purchases a beverage in a beverage
container for use or consumption;
5. "Dealer" means any person who engages in the sale of beverages in
beverage containers to a consumer;
6. "Dealer agent" means a person who solicits or picks up empty beverage
containers from a dealer for the purpose of returning the empty beverage
containers
to a distributor or manufacturer;
7. "Department" means the Department of Environmental Quality;
8. "Distributor" means any 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;
9. "Executive Director" means the Executive Director of the Department of
Environmental Quality;
10. "Geographic territory" means the geographical area within a perimeter
formed by the outermost boundaries served by a distributor;
11. "Manufacturer" means any person who bottles, cans, or otherwise fills
beverage containers for sale to distributors or dealers;
12. "Nonrefillable beverage container" means a beverage container not
intended to be refilled for sale by a manufacturer; and
13. "Redemption center" means a facility at which consumers may return empty
beverage containers and receive payment for the refund value of the empty
beverage containers.
SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-703 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. A refund value of not less than five cents ($0.05) shall be paid by the
consumer on each beverage container sold in this state by a dealer for
consumption
off the premises. Upon return of the empty beverage container upon which a
refund value has been paid to the dealer or person operating a redemption
center
and acceptance of the empty beverage container by the dealer or person
operating a redemption center, the dealer or person operating a redemption
center
shall return the amount of the refund value to the consumer.
B. In addition to the refund value provided in Subsection A of this Section,
a dealer or person operating a redemption center who redeems empty beverage
containers or a dealer agent shall be reimbursed by the distributor required
to accept the empty beverage containers an amount which is one cent ($0.01)
per container. A dealer, dealer agent, or person operating a redemption
center may
compact empty metal beverage containers with the approval of the distributor
required to accept the containers.
SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-704 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
Except as provided for in Section 5 of this act:
1. A dealer shall not refuse to accept from a consumer any empty beverage
container of the kind, size and brand sold by the dealer or refuse to pay to
the consumer the refund value of a beverage container as provided under
Section 3 of this act.
2. A distributor shall accept and pick up from a dealer served by the
distributor or a redemption center for a dealer served by the distributor at
least
weekly or when the distributor delivers the beverage product if deliveries
are less frequent than weekly, any empty beverage container of the kind,
size
and brand sold by the distributor and shall pay to the dealer or person
operating a redemption center the refund value of a beverage container and
the
reimbursement as provided under Section 3 of this act within one (1) week
following pickup of the containers or when the dealer or redemption center
normally
pays the distributor for the deposit on beverage products purchased from the
distributor if less frequent than weekly. A distributor or employee or agent
of a distributor is not in violation of this section if a redemption center
is closed
when the distributor attempts to make a regular delivery or a regular pickup
of empty beverage containers.
3. A distributor shall not be required to pay to a manufacturer a deposit or
refund value on a nonrefillable beverage container.
4. A distributor shall accept from a dealer agent any empty beverage
container of the kind, size, and brand sold by the distributor and which was
picked
up by the dealer agent from a dealer within the geographic territory served
by the distributor and the distributor shall pay the dealer agent the refund
value of the empty beverage container and the reimbursement as provided in
Section 3 of this act.
SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-705 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. Except as provided in Subsection C of Section 6 of this act, a dealer, a
person operating a redemption center, a distributor or a manufacturer may
refuse
to accept any empty beverage container which does not have stated on it a
refund value as provided under Section 3 of this act.
B. A dealer may refuse to accept and to pay the refund value of any empty
beverage container if the place of business of the dealer and the kind and
brand
of empty beverage containers are included in an order of the Department of
Environmental Quality approving a redemption center under Section 7 of this
act.
C. A manufacturer or distributor may refuse to accept and to pay the refund
value and reimbursement as provided in Section 3 of this act on any empty
beverage
container that was picked up by a dealer agent from a dealer outside the
geographic territory served by the manufacturer or distributor.
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-706 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. Each beverage container sold or offered for sale in this state by a
dealer shall clearly indicate by embossing or by a stamp, label or other
method
securely affixed to the container, the refund value of the container. The
Department of Environmental Quality shall specify by rule the minimum size
of
the refund value indication on the beverage containers.
B. A person, except a distributor, shall not import into this state after
July 1, 2017 a beverage container which does not have securely affixed to
the
container the refund value indication. The provisions of this subsection
shall not apply if:
1. For beverage containers containing alcoholic beverages as defined in
Section 506 of Title 37 of the Oklahoma Statutes, the total capacity of the
containers
is not more than one (1) quart or in the case of alcoholic beverage
personally obtained outside the United States, one (1) gallon;
2. For beverage containers containing beer as defined in Section 506 of
Title 37 of the Oklahoma Statutes the total capacity of the containers is
not more
than two hundred eighty-eight (288) fluid ounces; and
3. For all other beverage containers, the total capacity of the containers
is not more than five hundred seventy-six (576) fluid ounces.
C. The provisions of Subsections A and B of this section shall not apply to
a refillable glass beverage container which has a brand name permanently
marked
on it and which has a refund value of not less than five cents ($0.05), to
any other refillable beverage container which has a refund value of not less
than five cents ($0.05) and which is exempted by the Executive Director
under rules adopted by the Environmental Quality Board or to a beverage
container
sold aboard a commercial airliner or passenger train for consumption on the
premises.
SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-707 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. To facilitate the return of empty beverage containers and to serve
dealers of beverages, any person may establish a redemption center, subject
to the
approval of the Department of Environmental Quality, at which consumers may
return empty beverage containers and receive payment of the refund value of
the beverage containers.
B. An application for approval of a redemption center shall be filed with
the Department. The application shall state the name and address of the
person
responsible for the establishment and operation of the redemption center,
the kind and brand names of the beverage containers which will be accepted
at
the redemption center, and the names and addresses of the dealers to be
served by the redemption center. The application shall contain any other
information
as the Executive Director may reasonably require.
C. The Department shall approve a redemption center if it finds that the
redemption center will provide a convenient service to consumers for the
return
of empty beverage containers. The order of the Department approving a
redemption center shall state the dealers to be served by the redemption
center and
the kind and brand names of empty beverage containers which the redemption
center shall be required to accept. The order may contain any other
provisions
to ensure that the redemption center will provide a convenient service to
the public as the Executive Director may determine.
D. The Department may review the approval of any redemption center at any
time. After written notice to the person responsible for the establishment
and
operation of the redemption center and to the dealers served by the
redemption center, the Environmental Quality Board may, after hearing,
withdraw approval
of a redemption center if the Board finds there has not been compliance with
the order of the Department approving the redemption center or if the
redemption center no longer provides a convenient service to the public.
E. All approved redemption centers shall meet applicable health standards.
SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-708 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
Any person may establish a redemption center which has not been approved by
the Department of Environmental Quality at which a consumer may return empty
beverage containers and receive payment of the refund value of the beverage
containers. The establishment of an unapproved redemption center shall not
relieve any dealer from the responsibility of redeeming any empty beverage
containers of the kind and brand sold by the dealer.
SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-709 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
The Board of Environmental Quality shall promulgate, upon recommendation of
the Executive Director, rules necessary to carry out the provisions of the
Oklahoma Beverage Containers Control Act.
SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-710 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
Any person aggrieved by an order of the Department of Environmental Quality
relating to the approval or withdrawal of approval for a redemption center
may seek judicial review of the order.
SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-711 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. Any person violating the provisions of Sections 3, 4 or 6 of this act or
a rule adopted under by the Board of Environmental Quality shall be guilty
of a misdemeanor.
B. If a distributor collects or attempts to collect a refund value on an
empty beverage container when the distributor has paid the refund value on
the
container to a dealer, redemption center or consumer, the distributor shall
be considered to have participated in a fraudulent practice and shall be
guilty
of a misdemeanor.
C. Any person who does any of the following acts shall be considered to have
participated in a fraudulent practice and shall be guilty of a misdemeanor:
1. Collects or attempts to collect the refund value on the container a
second time, with the knowledge that the refund value has once been paid by
the
distributor to a dealer, redemption center or consumer;
2. Manufactures, sells, possesses or applies a false or counterfeit label or
indication which shows or purports to show a
refund value for a beverage container with intent to use the false or
counterfeit label or indication; and
3. Collects or attempts to collect a refund value on a container with the
use of a false or counterfeit label or indication showing a refund value
knowing
the label or indication to be false or counterfeit.
D. As used in this section, a false or counterfeit label or indication means
a label or indication purporting to show a valid refund value which has not
been initially applied as authorized by a distributor.
E. Subsection B and paragraph 1 of Subsection C of this section shall have
no application to empty beverage containers which are intended to be
refillable
and are in a standard of condition except for sanitization to be refillable
by the manufacturer.
SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-712 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A distributor may enter into a contract or agreement with any other
distributor, manufacturer or person for the purpose of collecting or paying
the refund
value on or disposing of beverage containers as provided in the Oklahoma
Beverage Containers Control Act.
SECTION 13. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-713 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. If the refund value indication required under Section 6 of this act on an
empty nonrefillable metal beverage container is readable but the redemption
of the container is lawfully refused by a dealer or person operating a
redemption center under other sections of the Oklahoma Beverage Containers
Control
Act or rules adopted pursuant to the Act, the container shall be accepted
and the refund value paid to a consumer as provided for in this Section.
Each
beer distributor selling nonrefillable metal beverage containers in this
state shall provide individually or collectively by contract or agreement
with
a dealer, person operating a redemption center or another person, at least
one (1) facility in the county seat of each county where refused empty
nonrefillable
metal beverage containers having a readable refund value indication as
required by the Act are accepted and redeemed. In cities having a population
of
twenty-five thousand (25,000) or more, the number of the facilities provided
shall be one for each twenty-five thousand population or a fractional part
of that population.
B. A beer distributor violating this section shall be guilty of a
misdemeanor.
SECTION 14. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-714 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
Beginning July 1, 2017, the final disposal of beverage containers by a
dealer, distributor, manufacturer or person operating a redemption center in
a solid
waste facility shall be prohibited. Beginning July 1, 2018, the final
disposal of beverage containers used to contain alcoholic beverages as
defined in
Section 506 of Title 37 of the Oklahoma Statutes by a dealer, distributor,
manufacturer or person operating a redemption center in a solid waste
facility
shall be prohibited.
SECTION 15. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 2-11-715 of Title 27A, unless there is created a
duplication
in numbering, reads as follows:
A. An independent redemption center grant program shall be established by
the Department of Environmental Quality to award grants for improvements to
independent
redemption centers. An "independent redemption center" is a redemption
center that is also a nonprofit or a for-profit facility that has existed
prior
to July 1, 2016, and that is not affiliated with or in any way a subsidiary
of a dealer, a distributor, or a manufacturer.
B. There is hereby created in the State Treasury a revolving fund for the
Department of Environmental Quality to be designated the "Independent
Redemption
Center Grant Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Department from monies
appropriated
to the Fund or for purposes of the grant program. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and expended
by the Department for the purpose of the independent redemption center grant
program. Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for approval
and payment.
C. 1. Moneys in the Independent Redemption Center Grant Revolving Fund shall
be used by the Department to provide grants to independent redemption
centers
for purposes of making improvements to the centers. The Department shall not
award grants in a fiscal year in an aggregate of more than One Million
Dollars
($1,000,000.00). A grant shall not exceed Fifteen Thousand Dollars
($15,000.00) for any independent redemption center.
2. The Department shall not pay administrative costs relating to the
management of the grant program in excess of three and one-half percent (3
1/2%) of
the monies in the Independent Redemption Center Grant Revolving Fund in a
fiscal year.
SECTION 16. This act shall become effective July 1, 2016.
SECTION 17. It being immediately necessary for the preservation of the
public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and be in
full force from and after its passage and approval.
55-2-7971 KB 01/06/16
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