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House
File
809
-
Introduced
HOUSE
FILE
809
BY
RINKER
A
BILL
FOR
An
Act
providing
for
the
repeal
of
the
beverage
containers
1
control
program,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1960YH
(6)
91
sb/js
H.F.
809
DIVISION
I
1
BEVERAGE
CONTAINER
DEPOSIT
REPEAL
2
Section
1.
Section
123.26,
Code
2025,
is
amended
to
read
as
3
follows:
4
123.26
Restrictions
on
sales
——
seals
——
labeling.
5
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
retail
6
alcohol
licensee
except
in
a
sealed
container
with
identifying
7
markers
as
prescribed
by
the
director
and
affixed
in
the
manner
8
prescribed
by
the
director,
and
no
such
container
shall
be
9
opened
upon
the
premises
of
a
state
warehouse.
The
department
10
shall
cooperate
with
the
department
of
natural
resources
so
11
that
only
one
identifying
marker
or
mark
is
needed
to
satisfy
12
the
requirements
of
this
section
and
section
455C.5,
subsection
13
1
.
Possession
of
alcoholic
liquors
which
that
do
not
carry
the
14
prescribed
identifying
markers
is
a
violation
of
this
chapter
15
except
as
provided
in
section
123.22
.
16
Sec.
2.
Section
123.187,
subsection
3,
paragraph
e,
Code
17
2025,
is
amended
by
striking
the
paragraph.
18
Sec.
3.
Section
455C.2,
subsection
1,
Code
2025,
is
amended
19
to
read
as
follows:
20
1.
A
refund
value
of
five
cents
shall
be
paid
by
the
21
consumer
on
each
beverage
container
sold
in
this
state
by
a
22
dealer
for
consumption
off
the
premises.
Upon
return
of
the
23
an
empty
beverage
container
upon
which
a
refund
value
has
24
been
paid
to
a
participating
dealer
or
redemption
center
and
25
acceptance
of
the
empty
beverage
container
by
the
participating
26
dealer
or
redemption
center,
the
participating
dealer
or
27
redemption
center
shall
return
the
amount
of
the
refund
value
28
to
the
consumer
within
a
reasonable
time
not
to
exceed
ten
29
days.
30
Sec.
4.
Section
455C.4,
subsection
1,
Code
2025,
is
amended
31
to
read
as
follows:
32
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
a
A
33
dealer,
a
redemption
center,
a
distributor,
or
a
manufacturer
34
may
refuse
to
accept
any
empty
beverage
container
that
does
35
-1-
LSB
1960YH
(6)
91
sb/js
1/
6
H.F.
809
not
have
stated
on
it
a
refund
value
as
provided
under
section
1
455C.2
.
2
Sec.
5.
Section
455C.12,
subsection
1,
Code
2025,
is
amended
3
to
read
as
follows:
4
1.
Any
person
violating
the
provisions
of
section
455C.2
,
or
5
455C.3
,
or
455C.5
,
or
a
rule
adopted
under
this
chapter
,
shall
6
be
guilty
of
a
simple
misdemeanor.
7
Sec.
6.
Section
455C.14,
subsection
1,
Code
2025,
is
amended
8
to
read
as
follows:
9
1.
If
the
a
refund
value
indication
required
under
section
10
455C.5
on
an
empty
nonrefillable
metal
beverage
container
11
is
readable
but
the
redemption
of
the
container
is
lawfully
12
refused
by
a
dealer
or
person
operating
a
redemption
center
13
under
other
sections
of
this
chapter
or
rules
adopted
pursuant
14
to
these
sections,
the
container
shall
be
accepted
and
the
15
refund
value
paid
to
a
consumer
as
provided
in
this
section
.
16
Each
beer
distributor
selling
nonrefillable
metal
beverage
17
containers
in
this
state
shall
provide
individually
or
18
collectively
by
contract
or
agreement
with
a
dealer,
person
19
operating
a
redemption
center,
or
another
person,
at
least
20
one
facility
in
the
county
seat
of
each
county
where
refused
21
empty
nonrefillable
metal
beverage
containers
having
a
22
readable
refund
value
indication
as
required
by
this
chapter
23
are
accepted
and
redeemed.
In
cities
having
a
population
of
24
twenty-five
thousand
or
more,
the
number
of
the
facilities
25
provided
shall
be
one
for
each
twenty-five
thousand
population
26
or
a
fractional
part
of
that
population.
27
Sec.
7.
REPEAL.
Sections
455C.5,
455C.6,
455C.7,
and
28
455C.10,
Code
2025,
are
repealed.
29
Sec.
8.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
30
deemed
of
immediate
importance,
takes
effect
upon
enactment.
31
DIVISION
II
32
BEVERAGE
CONTAINER
REDEMPTION
REPEAL
33
Sec.
9.
Section
22.7,
subsection
75,
Code
2025,
is
amended
34
by
striking
the
subsection.
35
-2-
LSB
1960YH
(6)
91
sb/js
2/
6
H.F.
809
Sec.
10.
Section
123.24,
subsection
2,
paragraph
d,
Code
1
2025,
is
amended
to
read
as
follows:
2
d.
A
bottle
surcharge
in
an
amount
sufficient
,
when
added
to
3
the
amount
not
refunded
to
class
“E”
retail
alcohol
licensees
4
pursuant
to
section
455C.2
,
to
pay
the
costs
incurred
by
5
the
department
for
collecting
and
properly
disposing
of
the
6
liquor
containers.
The
amount
collected
pursuant
to
this
7
paragraph
,
in
addition
to
any
amounts
not
refunded
to
class
“E”
8
retail
alcohol
licensees
pursuant
to
section
455C.2
,
shall
be
9
deposited
in
the
beer
and
liquor
control
fund
established
under
10
section
123.17
.
11
Sec.
11.
Section
423.6,
subsection
3,
paragraph
a,
Code
12
2025,
is
amended
to
read
as
follows:
13
a.
Any
tangible
personal
property
including
containers
14
for
which
it
is
intended
shall,
by
means
of
fabrication,
15
compounding,
manufacturing,
or
germination,
become
an
integral
16
part
of
other
tangible
personal
property
intended
to
be
sold
17
ultimately
at
retail
,
and
containers
used
in
the
collection,
18
recovery,
or
return
of
empty
beverage
containers
subject
to
19
chapter
455C
.
20
Sec.
12.
Section
455A.6,
subsection
6,
paragraph
d,
Code
21
2025,
is
amended
to
read
as
follows:
22
d.
Provide
advice
and
make
recommendations
regarding
the
23
budget
request
prepared
by
the
director
for
the
programs
24
authorized
by
chapters
455B
,
455C
,
455E
,
455F
,
455H
,
and
459,
25
subchapters
II
and
III
.
26
Sec.
13.
Section
455C.1,
subsection
15,
Code
2025,
is
27
amended
to
read
as
follows:
28
15.
“Redemption
center”
means
a
facility
at
which
consumers
29
may
return
empty
beverage
containers
and
receive
payment
for
30
the
refund
value
of
the
empty
beverage
containers
.
31
Sec.
14.
Section
455C.1,
subsections
3,
6,
7,
8,
10,
12,
and
32
13,
Code
2025,
are
amended
by
striking
the
subsections.
33
Sec.
15.
REPEAL.
Sections
455C.2,
455C.3,
455C.4,
455C.9,
34
455C.12,
455C.12A,
455C.12B,
455C.12C,
455C.12D,
455C.13,
35
-3-
LSB
1960YH
(6)
91
sb/js
3/
6
H.F.
809
455C.14,
and
455C.18,
Code
2025,
are
repealed.
1
Sec.
16.
UNCLAIMED
REFUND
VALUE
AND
HANDLING
FEES.
Claims
2
for
unpaid
refund
values
or
handling
fees
shall
be
settled
3
within
thirty
days
of
the
enactment
of
this
division
of
this
4
Act.
Thirty
days
after
enactment
of
this
division
of
this
Act,
5
any
amount
of
refund
value
or
handling
fees
possessed
by
a
6
distributor
after
the
distributor
has
made
payments
required
7
pursuant
to
chapter
455C,
Code
2025,
shall
be
considered
the
8
property
of
the
distributor.
9
Sec.
17.
BARREL
TAX
REFUND.
For
a
thirty-day
period
after
10
enactment
of
this
division
of
this
Act,
a
distributor
who
pays
11
a
handling
fee
for
a
beverage
container
that
was
sold
for
12
consumption
off
the
premises
and
that
used
to
contain
beer,
13
including
high
alcoholic
content
beer,
may
claim
a
refund
of
14
the
barrel
tax
established
in
section
123.136,
Code
2025,
paid
15
by
the
distributor
in
the
amount
of
one
cent
for
each
such
16
beverage
container
accepted
by
the
distributor.
The
department
17
of
revenue
shall
prescribe
forms
for
a
distributor
to
use
to
18
claim
a
refund
under
this
section.
Identifying
information
19
collected
by
the
department
of
revenue
pursuant
to
this
section
20
that
can
be
used
to
identify
a
specific
distributor
shall
be
21
considered
confidential
information
pursuant
to
section
22.7,
22
subsection
75,
Code
2025.
23
Sec.
18.
TRANSFER
OF
MONEYS.
Upon
enactment
of
this
24
division
of
this
Act,
any
unencumbered
and
unobligated
moneys
25
remaining
in
the
bottle
bill
fund
created
in
section
455C.12D
26
are
transferred
to
the
general
fund
of
the
state.
27
Sec.
19.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
28
effect
six
months
after
enactment
of
division
I
of
this
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
provides
for
the
repeal
of
the
beverage
containers
33
control
program,
commonly
referred
to
as
the
“bottle
bill”.
34
Under
current
law,
when
a
distributor
sells
beverages
in
35
-4-
LSB
1960YH
(6)
91
sb/js
4/
6
H.F.
809
eligible
containers
to
a
dealer,
the
distributor
adds
5
cents
1
per
eligible
container
to
the
sale
price.
When
a
dealer
sells
2
beverages
in
eligible
containers
to
a
consumer,
the
dealer
3
adds
the
5-cent
deposit
to
the
sale
price
of
each
beverage
4
container.
A
consumer
can
take
eligible
beverage
containers
5
to
a
participating
dealer
or
redemption
center
and
receive
a
6
5-cent
refund
for
every
eligible
beverage
container
that
the
7
consumer
returns.
A
distributor
collects
eligible
containers
8
from
a
participating
dealer,
dealer
agent,
or
redemption
9
center,
at
which
time
the
distributor
pays
the
participating
10
dealer,
dealer
agent,
or
redemption
center
5
cents
per
eligible
11
container
plus
a
handling
fee
of
an
additional
1
cent
or
3
12
cents
per
eligible
container.
13
Upon
enactment,
the
bill
strikes
the
provision
of
the
14
beverage
containers
control
program
that
requires
a
dealer
to
15
charge
a
consumer
the
refund
value
for
each
beverage
container,
16
repeals
the
requirement
that
the
refund
value
be
stated
on
17
containers,
and
repeals
provisions
relating
to
redemption
18
center
approval.
Six
months
thereafter,
the
bill
repeals
the
19
remaining
provisions
of
the
program,
including
provisions
20
allowing
a
consumer
to
return
beverage
containers
in
exchange
21
for
the
refund
value,
allowing
a
participating
dealer
or
22
a
person
operating
a
redemption
center
to
return
beverage
23
containers
to
a
distributor
in
exchange
for
the
refund
value
24
and
handling
fee,
allowing
refusal
of
beverage
containers,
25
and
providing
for
enforcement
and
associated
penalties.
Any
26
unencumbered
and
unobligated
moneys
remaining
in
the
bottle
27
bill
fund
are
transferred
to
the
general
fund
of
the
state.
28
Thirty
days
later,
any
amount
of
refund
value
or
handling
fees
29
possessed
by
a
distributor
after
the
distributor
has
made
30
payments
and
fees
required
pursuant
to
current
Code
chapter
31
455C
shall
be
considered
the
property
of
the
distributor.
32
During
the
30-day
period,
a
distributor
who
pays
a
handling
33
fee
for
a
beverage
container
that
was
sold
for
consumption
off
34
the
premises
and
that
used
to
contain
beer,
including
high
35
-5-
LSB
1960YH
(6)
91
sb/js
5/
6
H.F.
809
alcoholic
content
beer,
may
continue
to
claim
a
refund
of
the
1
barrel
tax
as
provided
by
current
law.
2
The
bill
does
not
repeal
Code
section
455C.16,
which
3
prohibits
disposal
of
beverage
containers
in
a
sanitary
4
landfill
by
a
participating
dealer,
distributor,
manufacturer,
5
or
a
redemption
center,
or
strike
the
associated
definitions
6
in
Code
section
455C.1.
7
The
bill
amends
various
Code
provisions
to
conform
with
8
changes
to
the
beverage
containers
control
program
as
changes
9
to
the
program
become
effective.
10
-6-
LSB
1960YH
(6)
91
sb/js
6/
6