Senate
File
10
-
Introduced
SENATE
FILE
10
BY
D.
JOHNSON
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
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10
Section
1.
Section
123.24,
subsection
5,
Code
2017,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
123.26,
Code
2017,
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
2017,
is
amended
by
striking
the
paragraph.
19
Sec.
4.
Section
423.6,
subsection
3,
paragraph
a,
Code
2017,
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
2017,
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,
paragraphs
a,
b,
and
35
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S.F.
10
d,
Code
2017,
are
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
b.
Hear
appeals
in
contested
cases
pursuant
to
chapter
17A
5
on
matters
relating
to
actions
taken
by
the
director
under
6
chapter
455C,
458A
,
464B
,
or
473
.
7
d.
Approve
the
budget
request
prepared
by
the
director
8
for
the
programs
authorized
by
chapters
455B
,
455C
,
455E
,
9
455F
,
455H
,
and
459,
subchapters
II
and
III
.
The
commission
10
shall
approve
the
budget
request
prepared
by
the
director
for
11
programs
subject
to
the
rulemaking
authority
of
the
commission.
12
The
commission
may
increase,
decrease,
or
strike
any
item
13
within
the
department
budget
request
for
the
specified
programs
14
before
granting
approval.
15
Sec.
7.
REPEAL.
Section
455B.313,
Code
2017,
is
repealed.
16
Sec.
8.
REPEAL.
Chapter
455C,
Code
2017,
is
repealed.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
repeals
Code
chapter
455C
of
the
2017
Iowa
Code,
21
titled
“Beverage
Containers
Control”.
Code
chapter
455C
22
provides
for
a
5
cent
refund
value
paid
by
redemption
centers
23
to
consumers
upon
the
return
of
a
beverage
container
sold
in
24
this
state.
In
addition,
the
bill
removes
numerous
references
25
to
Code
chapter
455C
throughout
the
Code,
including
a
provision
26
creating
a
simple
misdemeanor
penalty
for
distributors
that
27
sell
beverage
containers
connected
to
other
beverage
containers
28
by
a
nonbiodegradable
or
nonphotodegradable
device.
29
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