Bill Text: IA SF2068 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act repealing the beverage containers control program.

Sponsorship: Partisan Bill (Independent 1)

Status: (Introduced - Dead) 2016-01-28 - Subcommittee, Dearden, Brase, and Rozenboom. S.J. 134. [SF2068 Detail]

Download: Iowa-2015-SF2068-Introduced.html

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Senate File 2068 - Introduced




                                 SENATE FILE       
                                 BY  JOHNSON

                                      A BILL FOR

  1 An Act repealing the beverage containers control program.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 123.24, subsection 5, Code 2016, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 123.26, Code 2016, is amended to read as
  1  4 follows:
  1  5    123.26  Restrictions on sales == seals == labeling.
  1  6    Alcoholic liquor shall not be sold by a class "E" liquor
  1  7 control licensee except in a sealed container with identifying
  1  8 markers as prescribed by the administrator and affixed in the
  1  9 manner prescribed by the administrator, and no such container
  1 10 shall be opened upon the premises of a state warehouse. The
  1 11 division shall cooperate with the department of natural
  1 12 resources so that only Only one identifying marker or mark
  1 13 is needed shall be used to satisfy the requirements of this
  1 14 section and section 455C.5, subsection 1. Possession of
  1 15 alcoholic liquors which do not carry the prescribed identifying
  1 16 markers is a violation of this chapter except as provided in
  1 17 section 123.22.
  1 18    Sec. 3.  Section 123.187, subsection 4, paragraph b, Code
  1 19 2016, is amended by striking the paragraph.
  1 20    Sec. 4.  Section 423.6, subsection 3, paragraph a, Code 2016,
  1 21 is amended to read as follows:
  1 22    a.  Any tangible personal property including containers which
  1 23 it is intended shall, by means of fabrication, compounding,
  1 24 manufacturing, or germination, become an integral part of other
  1 25 tangible personal property intended to be sold ultimately at
  1 26 retail, and containers used in the collection, recovery, or
  1 27 return of empty beverage containers subject to chapter 455C.
  1 28    Sec. 5.  Section 455A.4, subsection 1, paragraph b, Code
  1 29 2016, is amended to read as follows:
  1 30    b.  Provide overall supervision, direction, and coordination
  1 31 of functions to be administered by the administrators under
  1 32 chapters 321G, 321I, 455B, 455C, 456, 456A, 456B, 457A, 458A,
  1 33 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B,
  1 34 483A, 484A, and 484B.
  1 35    Sec. 6.  Section 455A.6, subsection 6, paragraph a, Code
  2  1 2016, is amended to read as follows:
  2  2    a.  Establish policy for the department and adopt rules,
  2  3 pursuant to chapter 17A, necessary to provide for the effective
  2  4 administration of chapter 455B, 455C, or 459.
  2  5    Sec. 7.  Section 455A.6, subsection 6, paragraph b, Code
  2  6 2016, is amended to read as follows:
  2  7    b.  Hear appeals in contested cases pursuant to chapter 17A
  2  8 on matters relating to actions taken by the director under
  2  9 chapter 455C, 458A, 464B, or 473.
  2 10    Sec. 8.  Section 455A.6, subsection 6, paragraph d, Code
  2 11 2016, is amended to read as follows:
  2 12    d.  Approve the budget request prepared by the director
  2 13 for the programs authorized by chapters 455B, 455C, 455E,
  2 14 455F, 455H, and 459, subchapters II and III. The commission
  2 15 shall approve the budget request prepared by the director for
  2 16 programs subject to the rulemaking authority of the commission.
  2 17 The commission may increase, decrease, or strike any item
  2 18 within the department budget request for the specified programs
  2 19 before granting approval.
  2 20    Sec. 9.  REPEAL.  Section 455B.313, Code 2016, is repealed.
  2 21    Sec. 10.  REPEAL.  Chapter 455C, Code 2016, is repealed.
  2 22                           EXPLANATION
  2 23 The inclusion of this explanation does not constitute agreement with
  2 24 the explanation's substance by the members of the general assembly.
  2 25    This bill repeals Code chapter 455C of the 2016 Iowa Code,
  2 26 titled "Beverage Containers Control". Code chapter 455C
  2 27 provides for a 5 cent refund value paid by redemption centers
  2 28 to consumers upon the return of a beverage container sold in
  2 29 this state. In addition, the bill removes numerous references
  2 30 to Code chapter 455C throughout the Code, including a provision
  2 31 creating a simple misdemeanor penalty for distributors that
  2 32 sell beverage containers connected to other beverage containers
  2 33 by a nonbiodegradable or nonphotodegradable device.
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