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Senate File 137

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.24, subsection 5, Code 1997, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 123.26, Code 1997, is amended to read as
  1  4 follows:
  1  5    123.26  RESTRICTIONS ON SALES – SEALS – LABELING.
  1  6    Alcoholic liquor shall not be sold by a class "E" liquor
  1  7 control licensee except in a sealed container with identifying
  1  8 markers as prescribed by the administrator and affixed in the
  1  9 manner prescribed by the administrator, and no such container
  1 10 shall be opened upon the premises of a state warehouse.  The
  1 11 division shall cooperate with the department of natural
  1 12 resources so that only one identifying marker or mark is
  1 13 needed to satisfy the requirements of this section and section
  1 14 455C.5, subsection 1.  Possession of alcoholic liquors which
  1 15 do not carry the prescribed identifying markers is a violation
  1 16 of this chapter except as provided in section 123.22.
  1 17    Sec. 3.  Section 123.187, subsection 2, Code 1997, is
  1 18 amended to read as follows:
  1 19    2.  A winery licensed or permitted pursuant to laws
  1 20 regulating alcoholic beverages in a state which affords this
  1 21 state an equal reciprocal shipping privilege may ship into
  1 22 this state by private common carrier, to a person twenty-one
  1 23 years of age or older, not more than eighteen liters of wine
  1 24 per month, for consumption or use by the person.  Such wine
  1 25 shall not be resold.  Shipment of wine pursuant to this
  1 26 subsection is not subject to sales tax under section 422.43,
  1 27 use tax under section 423.2, or the wine gallonage tax under
  1 28 section 123.183, and does not require a refund value for
  1 29 beverage container control purposes under chapter 455C.
  1 30    Sec. 4.  Section 455C.1, subsection 1, Code 1997, is
  1 31 amended to read as follows:
  1 32    1.  "Beverage" means wine as defined in section 123.3,
  1 33 subsection 37, alcoholic liquor as defined in section 123.3,
  1 34 subsection 5, beer as defined in section 123.3, subsection 7,
  1 35 mineral water, soda water, and similar carbonated soft drinks
  2  1 in liquid form and intended for human consumption.
  2  2    Sec. 5.  Section 455C.3, subsection 2, Code 1997, is
  2  3 amended to read as follows:
  2  4    2.  A distributor shall accept and pick up from a dealer
  2  5 served by the distributor or a redemption center for a dealer
  2  6 served by the distributor at least weekly, or when the
  2  7 distributor delivers the beverage product if deliveries are
  2  8 less frequent than weekly, any empty beverage container of the
  2  9 kind, size, and brand sold by the distributor, and shall pay
  2 10 to the dealer or person operating a redemption center the
  2 11 refund value of a beverage container and the reimbursement as
  2 12 provided under section 455C.2 within one week following pickup
  2 13 of the containers or when the dealer or redemption center
  2 14 normally pays the distributor for the deposit on beverage
  2 15 products purchased from the distributor if less frequent than
  2 16 weekly.  A distributor or employee or agent of a distributor
  2 17 is not in violation of this subsection if a redemption center
  2 18 is closed when the distributor attempts to make a regular
  2 19 delivery or a regular pickup of empty beverage containers.
  2 20 This subsection does not apply to a distributor selling
  2 21 alcoholic liquor to the alcoholic beverages division of the
  2 22 department of commerce.
  2 23    Sec. 6.  Section 455C.3, subsection 5, Code 1997, is
  2 24 amended by striking the subsection.
  2 25    Sec. 7.  Section 455C.4, subsections 3 and 4, Code 1997,
  2 26 are amended by striking the subsections.
  2 27    Sec. 8.  Section 455C.5, subsection 2, paragraph a, Code
  2 28 1997, is amended by striking the paragraph.
  2 29    Sec. 9.  Section 455C.16, Code 1997, is amended to read as
  2 30 follows:
  2 31    455C.16  BEVERAGE CONTAINERS – DISPOSAL AT SANITARY
  2 32 LANDFILL PROHIBITED.
  2 33    Beginning July 1, 1990, the final disposal of beverage
  2 34 containers by a dealer, distributor, or manufacturer, or
  2 35 person operating a redemption center, in a sanitary landfill,
  3  1 is prohibited.  Beginning September 1, 1992, the final
  3  2 disposal of beverage containers used to contain alcoholic
  3  3 liquor as defined in section 123.3, subsection 8, by a dealer,
  3  4 distributor, or manufacturer, or person operating a redemption
  3  5 center in a sanitary landfill, is prohibited.
  3  6    Sec. 10.  Section 455D.4, Code 1997, is amended by adding
  3  7 the following new subsection:
  3  8    NEW SUBSECTION.  6.  It is the policy of this state to
  3  9 encourage unified, comprehensive waste collection and
  3 10 recycling programs by encouraging the development of curbside
  3 11 recycling programs for collection of household waste.
  3 12    Sec. 11.  DEPARTMENT OF NATURAL RESOURCES.  The department
  3 13 may use landfill alternative financial assistance moneys under
  3 14 section 455E.11 to provide incentives with the goal of
  3 15 locating an end manufacturer or processor for crushed recycled
  3 16 glass in a central location within the state.  
  3 17                           EXPLANATION
  3 18    The bill removes wine and alcoholic liquor from the
  3 19 definition of beverages so that containers containing these
  3 20 beverages are no longer subject to the five cent mandatory
  3 21 beverage container deposit.
  3 22    The bill allows the department of natural resources to use
  3 23 landfill alternative financial assistance moneys to provide
  3 24 incentives with the goal of locating an end manufacturer or
  3 25 processor for crushed recycled glass in a central Iowa
  3 26 location.  Landfill alternative financial assistance moneys
  3 27 are allocated to the department from the solid waste account
  3 28 of the groundwater protection fund under section 455E.11 and
  3 29 are used to encourage alternatives to landfilling.
  3 30    The bill establishes as a public policy of the state, the
  3 31 encouragement of curbside recycling programs.
  3 32    The bill also makes conforming amendments to Code sections
  3 33 123.24, 123.26, and 123.187.  
  3 34 LSB 2240SS 77
  3 35 tm/cf/24
     

Text: SF00136                           Text: SF00138
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