House Study Bill 510 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON JONES) A BILL FOR An Act repealing the beverage containers control program. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5006YC (2) 86 tr/rj

H.F. _____ Section 1. Section 123.24, subsection 5, Code 2016, is 1 amended by striking the subsection. 2 Sec. 2. Section 123.26, Code 2016, 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” liquor 6 control licensee except in a sealed container with identifying 7 markers as prescribed by the administrator and affixed in the 8 manner prescribed by the administrator, and no such container 9 shall be opened upon the premises of a state warehouse. The 10 division shall cooperate with the department of natural 11 resources so that only Only one identifying marker or mark 12 is needed shall be used to satisfy the requirements of this 13 section and section 455C.5, subsection 1 . Possession of 14 alcoholic liquors which do not carry the prescribed identifying 15 markers is a violation of this chapter except as provided in 16 section 123.22 . 17 Sec. 3. Section 123.187, subsection 4, paragraph b, Code 18 2016, is amended by striking the paragraph. 19 Sec. 4. Section 423.6, subsection 3, paragraph a, Code 2016, 20 is amended to read as follows: 21 a. Any tangible personal property including containers which 22 it is intended shall, by means of fabrication, compounding, 23 manufacturing, or germination, become an integral part of other 24 tangible personal property intended to be sold ultimately at 25 retail , and containers used in the collection, recovery, or 26 return of empty beverage containers subject to chapter 455C . 27 Sec. 5. Section 455A.4, subsection 1, paragraph b, Code 28 2016, is amended to read as follows: 29 b. Provide overall supervision, direction, and coordination 30 of functions to be administered by the administrators under 31 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A , 32 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B , 33 483A , 484A , and 484B . 34 Sec. 6. Section 455A.6, subsection 6, paragraph a, Code 35 -1- LSB 5006YC (2) 86 tr/rj 1/ 2

H.F. _____ 2016, is amended to read as follows: 1 a. Establish policy for the department and adopt rules, 2 pursuant to chapter 17A , necessary to provide for the effective 3 administration of chapter 455B , 455C , or 459 . 4 Sec. 7. Section 455A.6, subsection 6, paragraph b, Code 5 2016, is amended to read as follows: 6 b. Hear appeals in contested cases pursuant to chapter 17A 7 on matters relating to actions taken by the director under 8 chapter 455C , 458A , 464B , or 473 . 9 Sec. 8. Section 455A.6, subsection 6, paragraph d, Code 10 2016, is amended to read as follows: 11 d. Approve the budget request prepared by the director 12 for the programs authorized by chapters 455B , 455C , 455E , 13 455F , 455H , and 459, subchapters II and III . The commission 14 shall approve the budget request prepared by the director for 15 programs subject to the rulemaking authority of the commission. 16 The commission may increase, decrease, or strike any item 17 within the department budget request for the specified programs 18 before granting approval. 19 Sec. 9. REPEAL. Section 455B.313, Code 2016, is repealed. 20 Sec. 10. REPEAL. Chapter 455C, Code 2016, is repealed. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill repeals Code chapter 455C of the 2016 Iowa Code, 25 titled “Beverage Containers Control”. Code chapter 455C 26 provides for a 5 cent refund value paid by redemption centers 27 to consumers upon the return of a beverage container sold in 28 this state. In addition, the bill removes numerous references 29 to Code chapter 455C throughout the Code, including a provision 30 creating a simple misdemeanor penalty for distributors that 31 sell beverage containers connected to other beverage containers 32 by a nonbiodegradable or nonphotodegradable device. 33 -2- LSB 5006YC (2) 86 tr/rj 2/ 2