Bill Text: IA HF151 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the applicability of the beverage containers control program and making appropriations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-21 - Introduced, referred to State Government. H.J. 137. [HF151 Detail]
Download: Iowa-2021-HF151-Introduced.html
House
File
151
-
Introduced
HOUSE
FILE
151
BY
LOHSE
A
BILL
FOR
An
Act
relating
to
the
applicability
of
the
beverage
containers
1
control
program
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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151
Section
1.
Section
16.41,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
A
shelter
assistance
fund
is
created
as
a
revolving
3
fund
in
the
state
treasury
under
the
control
of
the
authority
4
consisting
of
any
moneys
appropriated
by
the
general
assembly
5
and
received
under
section
428A.8
and
section
455C.11
for
6
costs
of
operations
of
shelters
for
the
homeless
and
domestic
7
violence
shelters,
essential
services
for
the
homeless,
and
8
evaluation
and
reporting
of
services
for
the
homeless.
Each
9
fiscal
year,
moneys
in
the
fund,
in
an
amount
equal
to
not
more
10
than
three
percent
of
the
total
moneys
distributed
as
grants
11
from
the
fund
during
the
fiscal
year,
may
be
used
for
purposes
12
of
administering
the
fund.
13
Sec.
2.
Section
190B.201,
subsection
1,
Code
2021,
is
14
amended
to
read
as
follows:
15
1.
An
Iowa
emergency
food
purchase
program
fund
is
16
established
in
the
state
treasury
and
shall
be
administered
by
17
the
department
of
agriculture
and
land
stewardship.
The
fund
18
shall
consist
of
moneys
appropriated
to
the
fund
pursuant
to
19
section
602.8108,
subsection
11
,
section
455C.11,
subsection
2,
20
and
any
other
moneys
appropriated
to
the
fund.
21
Sec.
3.
Section
455C.1,
subsections
1
and
6,
Code
2021,
are
22
amended
to
read
as
follows:
23
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
24
subsection
54
,
alcoholic
liquor
as
defined
in
section
123.3,
25
subsection
5
,
beer
as
defined
in
section
123.3,
subsection
26
7
,
high
alcoholic
content
beer
as
defined
in
section
123.3,
27
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
28
subsection
11,
mineral
water,
soda
water
,
and
similar
29
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
30
consumption.
31
6.
“Dealer
agent”
means
a
person
who
solicits
or
picks
32
up
empty
beverage
containers
from
a
participating
dealer
for
33
the
purpose
of
returning
the
empty
beverage
containers
to
a
34
distributor
or
manufacturer.
35
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Sec.
4.
Section
455C.1,
Code
2021,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
3
who
accepts
the
return
of
empty
beverage
containers
from
a
4
consumer.
5
Sec.
5.
Section
455C.2,
Code
2021,
is
amended
to
read
as
6
follows:
7
455C.2
Refund
values.
8
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
9
by
the
consumer
on
each
beverage
container
sold
in
this
state
10
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
11
the
empty
beverage
container
upon
which
a
refund
value
has
12
been
paid
to
the
participating
dealer
or
person
operating
13
a
redemption
center
and
acceptance
of
the
empty
beverage
14
container
by
the
participating
dealer
or
person
operating
a
15
redemption
center,
the
participating
dealer
or
person
operating
16
a
redemption
center
shall
return
the
amount
of
the
refund
value
17
to
the
consumer.
18
2.
In
addition
to
the
refund
value
provided
in
subsection
19
1
of
this
section
,
a
participating
dealer,
dealer
agent,
20
or
person
operating
a
redemption
center
who
redeems
empty
21
beverage
containers
or
a
dealer
agent
shall
be
reimbursed
22
by
the
distributor
required
to
accept
the
empty
beverage
23
containers
an
amount
which
is
one
cent
two
cents
per
container.
24
A
participating
dealer,
dealer
agent,
or
person
operating
a
25
redemption
center
may
compact
empty
metal
beverage
containers
26
with
the
approval
of
the
distributor
required
to
accept
the
27
containers.
28
Sec.
6.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2021,
29
are
amended
to
read
as
follows:
30
1.
A
participating
dealer
shall
not
refuse
to
accept
from
a
31
consumer
any
empty
beverage
container
of
the
kind,
size
,
and
32
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
33
consumer
the
refund
value
of
a
beverage
container
as
provided
34
under
section
455C.2
.
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2.
A
distributor
shall
accept
and
pick
up
from
a
1
participating
dealer
served
by
the
distributor
or
a
redemption
2
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
3
or
when
the
distributor
delivers
the
beverage
product
if
4
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
5
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
6
and
shall
pay
to
the
participating
dealer
or
person
operating
7
a
redemption
center
the
refund
value
of
a
beverage
container
8
and
the
reimbursement
as
provided
under
section
455C.2
within
9
one
week
following
pickup
of
the
containers
or
when
the
10
participating
dealer
or
redemption
center
normally
pays
the
11
distributor
for
the
deposit
on
beverage
products
purchased
from
12
the
distributor
if
less
frequent
than
weekly.
A
distributor
13
or
employee
or
agent
of
a
distributor
is
not
in
violation
14
of
this
subsection
if
a
redemption
center
is
closed
when
the
15
distributor
attempts
to
make
a
regular
delivery
or
a
regular
16
pickup
of
empty
beverage
containers.
This
subsection
does
17
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
18
alcoholic
beverages
division
of
the
department
of
commerce.
19
4.
A
distributor
shall
accept
from
a
dealer
agent
any
empty
20
beverage
container
of
the
kind,
size,
and
brand
sold
by
the
21
distributor
and
which
that
was
picked
up
by
the
dealer
agent
22
from
a
participating
dealer
within
the
geographic
territory
23
served
by
the
distributor
and
the
distributor
shall
pay
the
24
dealer
agent
the
refund
value
of
the
empty
beverage
container
25
and
the
reimbursement
as
provided
in
section
455C.2
.
26
Sec.
7.
Section
455C.4,
Code
2021,
is
amended
to
read
as
27
follows:
28
455C.4
Refusal
to
accept
containers.
29
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
a
30
participating
dealer,
a
person
operating
a
redemption
center,
a
31
distributor
,
or
a
manufacturer
may
refuse
to
accept
any
empty
32
beverage
container
which
that
does
not
have
stated
on
it
a
33
refund
value
as
provided
under
section
455C.2
.
34
2.
A
dealer
may
refuse
to
accept
and
to
pay
the
refund
value
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of
any
empty
beverage
container
if
the
place
of
business
of
the
1
dealer
and
the
kind
and
brand
of
empty
beverage
containers
are
2
included
in
an
order
of
the
department
approving
a
redemption
3
center
under
section
455C.6
after
providing
notice
to
the
4
department
if
the
place
of
business
of
the
dealer
is
located
5
within
a
twenty-mile
radius
of
a
redemption
center
or
dealer
6
agent
or
if
the
dealer
sells
prepared
food
for
consumption
on
7
or
off
the
premises
.
8
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
9
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
10
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
11
store.
The
alcoholic
beverages
division
shall
not
reimburse
12
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
13
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
14
container
was
sold
by
a
state
liquor
store.
15
4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
16
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
17
container
from
a
participating
dealer
or
a
redemption
center
18
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
19
alcoholic
liquor
containers
from
a
participating
dealer
or
a
20
redemption
center.
21
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
22
and
to
pay
the
refund
value
and
reimbursement
as
provided
in
23
section
455C.2
on
any
empty
beverage
container
that
was
picked
24
up
by
a
dealer
agent
from
a
participating
dealer
outside
the
25
geographic
territory
served
by
the
manufacturer
or
distributor.
26
Sec.
8.
Section
455C.5,
subsection
1,
Code
2021,
is
amended
27
to
read
as
follows:
28
1.
Each
beverage
container
sold
or
offered
for
sale
in
29
this
state
by
a
dealer
shall
clearly
indicate
the
refund
value
30
of
the
container
by
embossing
or
by
a
stamp,
label
,
or
other
31
method
securely
affixed
to
the
container
,
the
refund
value
of
32
the
container
.
The
department
shall
specify,
by
rule,
the
33
minimum
size
of
the
refund
value
indication
on
the
beverage
34
containers.
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Sec.
9.
Section
455C.7,
Code
2021,
is
amended
to
read
as
1
follows:
2
455C.7
Unapproved
redemption
centers.
3
Any
person
may
establish
a
redemption
center
which
that
has
4
not
been
approved
by
the
department,
at
which
a
consumer
may
5
return
empty
beverage
containers
and
receive
payment
of
the
6
refund
value
of
the
beverage
containers.
The
establishment
7
of
an
unapproved
redemption
center
shall
not
relieve
any
8
dealer
from
the
responsibility
of
redeeming
any
empty
beverage
9
containers
of
the
kind
and
brand
sold
by
the
dealer
except
as
10
provided
in
section
455C.4,
subsection
2
.
11
Sec.
10.
NEW
SECTION
.
455C.11
Unpaid
refund
value.
12
1.
Except
as
provided
in
subsection
2,
a
distributor
shall
13
keep
all
refund
value
that
has
not
been
paid
by
the
distributor
14
to
a
participating
dealer,
dealer
agent,
or
redemption
15
center.
On
or
before
January
31
of
each
year,
the
distributor
16
shall
submit
to
the
department
in
a
manner
determined
by
the
17
department
a
report
detailing
the
amount
of
unpaid
refund
value
18
that
the
distributor
held
at
the
end
of
the
preceding
calendar
19
year.
20
2.
Fifteen
percent
of
the
refund
value
that
has
not
been
21
paid
by
a
distributor
to
a
participating
dealer,
dealer
agent,
22
or
redemption
center
on
and
after
July
1,
2021,
shall
be
23
credited
monthly
to
the
treasurer
of
state
for
deposit
in
the
24
following
manner:
25
a.
One-third
of
the
amount
credited
to
the
treasurer
of
26
state
shall
be
deposited
in
the
redemption
rate
improvement
27
projects
fund
established
in
section
455C.11A.
28
b.
One-third
of
the
amount
credited
to
the
treasurer
29
of
state
shall
be
deposited
in
the
shelter
assistance
fund
30
established
in
section
16.41.
31
c.
One-third
of
the
amount
credited
to
the
treasurer
of
32
state
shall
be
deposited
in
the
Iowa
emergency
food
purchase
33
program
fund
established
in
section
190B.201.
34
Sec.
11.
NEW
SECTION
.
455C.11A
Redemption
rate
improvement
35
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projects
program
——
fund
created.
1
1.
The
department
shall
establish
and
the
commission
shall
2
administer
a
redemption
rate
improvement
projects
program.
The
3
purpose
of
the
program
shall
be
to
launch
initiatives
with
4
interested
parties
to
increase
the
redemption
rate
of
beverage
5
containers
in
the
state.
The
program
shall
be
administered
in
6
accordance
with
rules
adopted
by
the
commission
pursuant
to
7
chapter
17A.
8
2.
A
redemption
rate
improvement
projects
program
fund
is
9
established
in
the
state
treasury
under
the
control
of
the
10
commission.
The
fund
shall
consist
of
moneys
appropriated
to
11
or
deposited
in
the
fund.
Moneys
in
the
fund
are
appropriated
12
to
the
commission
for
purposes
set
forth
under
subsection
3.
13
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
14
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
15
not
revert
but
shall
remain
available
for
expenditure
for
the
16
purposes
designated.
Notwithstanding
section
12C.7,
subsection
17
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
18
to
the
fund.
19
3.
Moneys
in
the
fund
shall
be
used
by
the
commission
to
20
cover
costs
for
the
administration
of
the
program,
purchase
and
21
distribute
materials
for
marketing
the
program,
and
provide
22
public
education
and
outreach
relating
to
beverage
container
23
redemption.
24
Sec.
12.
Section
455C.12,
subsections
2
and
3,
Code
2021,
25
are
amended
to
read
as
follows:
26
2.
A
distributor
who
collects
or
attempts
to
collect
27
a
refund
value
on
an
empty
beverage
container
when
the
28
distributor
has
paid
the
refund
value
on
the
container
to
a
29
participating
dealer,
redemption
center,
or
consumer
is
guilty
30
of
a
fraudulent
practice.
31
3.
Any
person
who
does
any
of
the
following
acts
is
guilty
32
of
a
fraudulent
practice:
33
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
34
container
a
second
time,
with
the
knowledge
that
the
refund
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value
has
once
been
paid
by
the
distributor
to
a
participating
1
dealer,
redemption
center
,
or
consumer.
2
b.
Manufactures,
sells,
possesses
,
or
applies
a
false
or
3
counterfeit
label
or
indication
which
that
shows
or
purports
to
4
show
a
refund
value
for
a
beverage
container,
with
intent
to
5
use
the
false
or
counterfeit
label
or
indication.
6
c.
Collects
or
attempts
to
collect
a
refund
value
on
7
a
container
with
the
use
of
a
false
or
counterfeit
label
8
or
indication
showing
a
refund
value,
knowing
the
label
or
9
indication
to
be
false
or
counterfeit.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
applicability
of
the
beverage
14
containers
control
program.
15
Under
current
law,
when
a
distributor
sells
beverages
in
16
eligible
containers
to
a
dealer,
the
distributor
adds
5
cents
17
per
eligible
container
to
the
sale
price.
When
a
dealer
sells
18
beverages
in
eligible
containers
to
a
consumer,
the
dealer
19
charges
the
5-cent
deposit
on
each
beverage
container.
A
20
consumer
can
take
eligible
beverage
containers
to
a
dealer,
21
dealer
agent,
or
redemption
center
and
receive
a
5-cent
22
refund
for
every
eligible
beverage
container
that
the
consumer
23
returns.
A
distributor
collects
eligible
containers
from
a
24
dealer,
dealer
agent,
or
redemption
center,
at
which
time
25
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
26
center
5
cents
per
eligible
container
plus
a
handling
fee
of
27
an
additional
1
cent
per
empty
container.
The
bill
raises
the
28
handling
fee
paid
by
a
distributor
to
2
cents
for
each
empty
29
beverage
container.
30
Under
the
bill,
a
dealer
may
choose
to
not
accept
beverage
31
containers
by
providing
notice
to
the
department
of
natural
32
resources
(DNR)
if
the
dealer’s
place
of
business
is
within
a
33
20-mile
radius
of
a
redemption
center
or
dealer
agent
or
if
34
the
dealer
sells
prepared
food
for
consumption
on
or
off
the
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151
premises.
The
bill
refers
to
dealers
that
accept
beverage
1
containers
as
“participating
dealers”.
2
The
bill
requires
a
distributor
to
keep
all
refund
value
3
that
has
not
been
paid
by
the
distributor
to
a
participating
4
dealer,
dealer
agent,
or
redemption
center
and
provide
an
5
annual
report
to
DNR
detailing
the
amount
of
unpaid
refund
6
value
that
the
distributor
held
at
the
end
of
the
preceding
7
calendar
year.
On
a
monthly
basis
beginning
July
1,
2021,
8
15
percent
of
the
unpaid
refund
value
that
the
distributor
9
holds
shall
be
credited
to
the
treasurer
of
state.
One-third
10
of
the
amount
credited
shall
be
deposited
in
the
shelter
11
assistance
fund
administered
by
the
Iowa
finance
authority.
12
One-third
of
the
amount
credited
shall
be
deposited
in
the
13
Iowa
emergency
food
purchase
program
fund
administered
by
the
14
department
of
agriculture
and
land
stewardship.
The
remaining
15
one-third
of
the
amount
credited
shall
be
deposited
in
the
16
redemption
rates
improvement
projects
fund,
which
is
created
17
by
the
bill
in
the
state
treasury
under
the
control
of
the
18
environmental
protection
commission.
Moneys
in
the
fund
shall
19
be
administered
by
the
commission
and
shall
be
allocated
for
20
purposes
of
launching
and
administering
initiatives
to
increase
21
the
rate
of
redemption
of
beverage
containers.
22
The
bill
makes
numerous
changes
throughout
Code
chapter
455C
23
to
change
instances
of
“dealer”
to
“participating
dealer”,
24
remove
obsolete
language,
and
stylistically
and
grammatically
25
update
the
Code
chapter.
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