House File 766 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HF 166)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the acceptance of empty beverage containers
  2    and the payment and retention of the refund value by dealers
  3    of beverages and redemption centers.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1409HV 81
  6 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 455C.2, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  A refund value of not less than five cents shall be
  1  4 paid by the consumer on each beverage container sold in this
  1  5 state by a dealer for consumption off the premises.  Upon
  1  6 return of the empty beverage container upon which a refund
  1  7 value has been paid to the dealer or person operating a
  1  8 redemption center and acceptance of the empty beverage
  1  9 container by the dealer or person operating a redemption
  1 10 center, the dealer or person operating a redemption center
  1 11 shall return the amount four cents of the refund value to the
  1 12 consumer and retain one cent of the refund value.
  1 13    Sec. 2.  Section 455C.4, subsection 2, Code 2005, is
  1 14 amended by striking the subsection.
  1 15    Sec. 3.  Section 455C.7, Code 2005, is amended to read as
  1 16 follows:
  1 17    455C.7  UNAPPROVED REDEMPTION CENTERS.
  1 18    Any person may establish a redemption center which has not
  1 19 been approved by the department, at which a consumer may
  1 20 return empty beverage containers and receive payment of the
  1 21 refund value of the beverage containers.  The establishment of
  1 22 an unapproved a redemption center shall not relieve any dealer
  1 23 from the responsibility of redeeming any empty beverage
  1 24 containers of the kind and brand sold by the dealer.
  1 25    Sec. 4.  Sections 455C.6 and 455C.10, Code 2005, are
  1 26 repealed.
  1 27                           EXPLANATION
  1 28    This bill relates to the acceptance of empty beverage
  1 29 containers and the payment and retention of the refund value
  1 30 by dealers of beverages and redemption centers.
  1 31    Currently, upon the return and acceptance of an empty
  1 32 beverage container upon which a refund value of not less than
  1 33 5 cents has been paid, the dealer or person operating a
  1 34 redemption center is required to return the refund value to
  1 35 the consumer.  The bill provides that the amount returned to
  2  1 the consumer shall be 4 cents of the refund value and that the
  2  2 dealer or person operating the redemption center may retain 1
  2  3 cent of the refund value.
  2  4    The bill eliminates the ability of a dealer of beverages to
  2  5 refuse to accept any empty beverage container if the place of
  2  6 business of the dealer and the kind and brand of empty
  2  7 beverage containers are included in an order of the department
  2  8 of natural resources approving a redemption center.  The bill
  2  9 makes conforming amendments related to the elimination of such
  2 10 approved redemption centers.
  2 11 LSB 1409HV 81
  2 12 tm:nh/gg/14