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House File 156 - IntroducedA Bill ForAn Act 1providing for the repeal of the beverage containers
2control program, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BEVERAGE CONTAINER DEPOSIT REPEAL
3 Section 1. Section 123.26, Code 2021, is amended to read as
4follows:
5123.26 Restrictions on sales — seals — labeling.
6Alcoholic liquor shall not be sold by a class “E” liquor
7control licensee except in a sealed container with identifying
8markers as prescribed by the administrator and affixed in the
9manner prescribed by the administrator, and no such container
10shall be opened upon the premises of a state warehouse. The
11division shall cooperate with the department of natural
12resources so that only one identifying marker or mark is needed
13to satisfy the requirements of this section and section 455C.5,
14subsection 1. Possession of alcoholic liquors which that do
15not carry the prescribed identifying markers is a violation of
16this chapter except as provided in section 123.22.
17 Sec. 2. Section 123.187, subsection 3, paragraph e, Code
182021, is amended by striking the paragraph.
19 Sec. 3. Section 455C.1, subsection 1, Code 2021, is amended
20to read as follows:
211. “Beverage” means wine as defined in section 123.3,
22subsection 54, alcoholic liquor as defined in section 123.3,
23subsection 5, beer as defined in section 123.3, subsection
247, high alcoholic content beer as defined in section 123.3,
25subsection 22, canned cocktail as defined in section 123.3,
26subsection 11, mineral water, soda water, and similar
27carbonated soft drinks in liquid form and intended for human
28consumption.
29 Sec. 4. Section 455C.2, subsection 1, Code 2021, is amended
30to read as follows:
311. A refund value of not less than five cents shall be paid
32by the consumer on each beverage container sold in this state
33by a dealer for consumption off the premises. Upon return
34of the an empty beverage container upon which a refund value
35has been paid to the a dealer or person operating a redemption
-1-1center and acceptance of the empty beverage container by the
2dealer or person operating a redemption center, the dealer or
3person operating a redemption center shall return the amount of
4the refund value to the consumer.
5 Sec. 5. REPEAL. Sections 455C.5, 455C.6, 455C.7, and
6455C.10, Code 2021, are repealed.
7 Sec. 6. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9DIVISION II
10BEVERAGE CONTAINER REDEMPTION REPEAL
11 Sec. 7. Section 123.24, subsection 2, paragraph d, Code
122021, is amended to read as follows:
13d. A bottle surcharge in an amount sufficient, when
14added to the amount not refunded to class “E” liquor control
15licensees pursuant to section 455C.2, to pay the costs incurred
16by the division for collecting and properly disposing of the
17liquor containers. The amount collected pursuant to this
18paragraph, in addition to any amounts not refunded to class “E”
19liquor control licensees pursuant to section 455C.2, shall be
20deposited in the beer and liquor control fund established under
21section 123.17.
22 Sec. 8. Section 423.6, subsection 3, paragraph a, Code 2020,
23is amended to read as follows:
24a. Any tangible personal property including containers
25for which it is intended shall, by means of fabrication,
26compounding, manufacturing, or germination, become an integral
27part of other tangible personal property intended to be sold
28ultimately at retail, and containers used in the collection,
29recovery, or return of empty beverage containers subject to
30chapter 455C.
31 Sec. 9. Section 455A.6, subsection 6, paragraph d, Code
322021, is amended to read as follows:
33d. Approve the budget request prepared by the director
34for the programs authorized by chapters 455B, 455C, 455E,
35455F, 455H, and 459, subchapters II and III. The commission
-2-1shall approve the budget request prepared by the director for
2programs subject to the rulemaking authority of the commission.
3The commission may increase, decrease, or strike any item
4within the department budget request for the specified programs
5before granting approval.
6 Sec. 10. Section 455C.1, subsections 3, 4, 6, 7, 8, 10, and
712, Code 2021, are amended by striking the subsections.
8 Sec. 11. REPEAL. Sections 455C.2, 455C.3, 455C.4, 455C.9,
9455C.12, 455C.13, and 455C.14, Code 2021, are repealed.
10 Sec. 12. EFFECTIVE DATE. This division of this Act takes
11effect six months after enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides for the repeal of the beverage containers
16control program, commonly referred to as the “bottle bill”.
17Under current law, when a distributor sells beverages in
18eligible containers to a dealer, the distributor adds 5 cents
19per eligible container to the sale price. When a dealer sells
20beverages in eligible containers to a consumer, the dealer
21charges the 5-cent deposit on each beverage container. A
22consumer can take eligible beverage containers to a dealer,
23dealer agent, or redemption center and receive a 5-cent
24refund for every eligible beverage container that the consumer
25returns. A distributor collects eligible containers from a
26dealer, dealer agent, or redemption center, at which time
27the distributor pays the dealer, dealer agent, or redemption
28center 5 cents per eligible container plus a handling fee of an
29additional 1 cent per empty container.
30Upon enactment, the bill strikes the provision of the
31beverage containers control program that requires a dealer to
32charge a consumer the refund value for each beverage container.
33Six months thereafter, the provisions of the program that
34allow a consumer to return beverage containers in exchange
35for the refund value and that allow a dealer or a person
-3-1operating a redemption center to return beverage containers to
2a distributor in exchange for the refund value and handling fee
3are repealed.
4The bill amends various Code provisions to conform with
5changes to the beverage containers control program as changes
6to the program become effective.
-4-js/ns
2control program, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BEVERAGE CONTAINER DEPOSIT REPEAL
3 Section 1. Section 123.26, Code 2021, is amended to read as
4follows:
5123.26 Restrictions on sales — seals — labeling.
6Alcoholic liquor shall not be sold by a class “E” liquor
7control licensee except in a sealed container with identifying
8markers as prescribed by the administrator and affixed in the
9manner prescribed by the administrator, and no such container
10shall be opened upon the premises of a state warehouse. The
11division shall cooperate with the department of natural
12resources so that only one identifying marker or mark is needed
13to satisfy the requirements of this section and section 455C.5,
14subsection 1. Possession of alcoholic liquors which that do
15not carry the prescribed identifying markers is a violation of
16this chapter except as provided in section 123.22.
17 Sec. 2. Section 123.187, subsection 3, paragraph e, Code
182021, is amended by striking the paragraph.
19 Sec. 3. Section 455C.1, subsection 1, Code 2021, is amended
20to read as follows:
211. “Beverage” means wine as defined in section 123.3,
22subsection 54, alcoholic liquor as defined in section 123.3,
23subsection 5, beer as defined in section 123.3, subsection
247, high alcoholic content beer as defined in section 123.3,
25subsection 22, canned cocktail as defined in section 123.3,
26subsection 11, mineral water, soda water, and similar
27carbonated soft drinks in liquid form and intended for human
28consumption.
29 Sec. 4. Section 455C.2, subsection 1, Code 2021, is amended
30to read as follows:
311. A refund value of not less than five cents shall be paid
32by the consumer on each beverage container sold in this state
33by a dealer for consumption off the premises. Upon return
34of the an empty beverage container upon which a refund value
35has been paid to the a dealer or person operating a redemption
-1-1center and acceptance of the empty beverage container by the
2dealer or person operating a redemption center, the dealer or
3person operating a redemption center shall return the amount of
4the refund value to the consumer.
5 Sec. 5. REPEAL. Sections 455C.5, 455C.6, 455C.7, and
6455C.10, Code 2021, are repealed.
7 Sec. 6. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9DIVISION II
10BEVERAGE CONTAINER REDEMPTION REPEAL
11 Sec. 7. Section 123.24, subsection 2, paragraph d, Code
122021, is amended to read as follows:
13d. A bottle surcharge in an amount sufficient, when
14added to the amount not refunded to class “E” liquor control
15licensees pursuant to section 455C.2, to pay the costs incurred
16by the division for collecting and properly disposing of the
17liquor containers. The amount collected pursuant to this
18paragraph, in addition to any amounts not refunded to class “E”
19liquor control licensees pursuant to section 455C.2, shall be
20deposited in the beer and liquor control fund established under
21section 123.17.
22 Sec. 8. Section 423.6, subsection 3, paragraph a, Code 2020,
23is amended to read as follows:
24a. Any tangible personal property including containers
25for which it is intended shall, by means of fabrication,
26compounding, manufacturing, or germination, become an integral
27part of other tangible personal property intended to be sold
28ultimately at retail, and containers used in the collection,
29recovery, or return of empty beverage containers subject to
30chapter 455C.
31 Sec. 9. Section 455A.6, subsection 6, paragraph d, Code
322021, is amended to read as follows:
33d. Approve the budget request prepared by the director
34for the programs authorized by chapters 455B, 455C, 455E,
35455F, 455H, and 459, subchapters II and III. The commission
-2-1shall approve the budget request prepared by the director for
2programs subject to the rulemaking authority of the commission.
3The commission may increase, decrease, or strike any item
4within the department budget request for the specified programs
5before granting approval.
6 Sec. 10. Section 455C.1, subsections 3, 4, 6, 7, 8, 10, and
712, Code 2021, are amended by striking the subsections.
8 Sec. 11. REPEAL. Sections 455C.2, 455C.3, 455C.4, 455C.9,
9455C.12, 455C.13, and 455C.14, Code 2021, are repealed.
10 Sec. 12. EFFECTIVE DATE. This division of this Act takes
11effect six months after enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides for the repeal of the beverage containers
16control program, commonly referred to as the “bottle bill”.
17Under current law, when a distributor sells beverages in
18eligible containers to a dealer, the distributor adds 5 cents
19per eligible container to the sale price. When a dealer sells
20beverages in eligible containers to a consumer, the dealer
21charges the 5-cent deposit on each beverage container. A
22consumer can take eligible beverage containers to a dealer,
23dealer agent, or redemption center and receive a 5-cent
24refund for every eligible beverage container that the consumer
25returns. A distributor collects eligible containers from a
26dealer, dealer agent, or redemption center, at which time
27the distributor pays the dealer, dealer agent, or redemption
28center 5 cents per eligible container plus a handling fee of an
29additional 1 cent per empty container.
30Upon enactment, the bill strikes the provision of the
31beverage containers control program that requires a dealer to
32charge a consumer the refund value for each beverage container.
33Six months thereafter, the provisions of the program that
34allow a consumer to return beverage containers in exchange
35for the refund value and that allow a dealer or a person
-3-1operating a redemption center to return beverage containers to
2a distributor in exchange for the refund value and handling fee
3are repealed.
4The bill amends various Code provisions to conform with
5changes to the beverage containers control program as changes
6to the program become effective.
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