Iowa 2008 bill text
SF2024
The following text was found at http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=SF2024
SENATE FILE BY BEALL, KIBBIE, FRAISE, DEARDEN, QUIRMBACH, SCHMITZ, CONNOLLY, and BOLKCOM Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the recycling of empty beverage containers by 2 increasing the reimbursement amount paid by distributors, 3 eliminating refusal of empty containers by dealers, 4 eliminating departmental approval of redemption centers, and 5 establishing civil penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5317SS 82 8 tw/rj/5 PAG LIN 1 1 Section 1. Section 455C.2, subsection 2, Code 2007, is 1 2 amended to read as follows: 1 3 2. In addition to the refund value provided in subsection 1 4 1of this section, a dealer,ora person operating a 1 5 redemption center who redeems empty beverage containers, or a 1 6 dealer agent shall be reimbursed by the distributor required 1 7 to accept the empty beverage containersan amount which is one1 8 centin the amount of two cents per container. A dealer, 1 9 dealer agent, or person operating a redemption center may 1 10 compact empty metal beverage containers with the approval of 1 11 the distributor required to accept the containers. 1 12 Sec. 2. Section 455C.4, subsection 2, Code 2007, is 1 13 amended by striking the subsection. 1 14 Sec. 3. Section 455C.7, Code 2007, is amended to read as 1 15 follows: 1 16 455C.7UNAPPROVEDREDEMPTION CENTERS. 1 17 Any person may establish a redemption centerwhich has not1 18 been approved by the department,at which a consumer may 1 19 return empty beverage containers and receive payment of the 1 20 refund value of the beverage containers. The establishment of 1 21an unapproveda redemption center shall not relieve any dealer 1 22 from the responsibility of redeeming any empty beverage 1 23 containers of the kind and brand sold by the dealer. 1 24 Sec. 4. NEW SECTION. 455C.11 SCHEDULE OF PENALTIES == 1 25 VIOLATIONS. 1 26 1. PENALTY ASSESSMENT. The commission shall establish by 1 27 rule a schedule for the administrative assessment of civil 1 28 penalties. The schedule shall provide procedures and criteria 1 29 for assessing penalties of not more than ten thousand dollars 1 30 for violations of this chapter or for violations of the rules, 1 31 permits, or orders adopted or issued under this chapter. 1 32 Violations not fitting within the schedule, or violations 1 33 which the commission determines should be referred to the 1 34 attorney general for legal action, shall not be governed by 1 35 the schedule established under this subsection. When adopting 2 1 the schedule and when proposing or assessing a penalty, the 2 2 commission and the director shall consider the following: 2 3 a. The costs saved, or likely to be saved, by a violator's 2 4 noncompliance. 2 5 b. The gravity of the violation. 2 6 c. The degree of culpability of the violator. 2 7 d. The maximum penalty authorized for a violation of this 2 8 chapter. 2 9 e. Other relevant factors. 2 10 2. SCREENING OF VIOLATIONS. In establishing the schedule 2 11 of violations, the commission shall provide by rule a 2 12 procedure for screening alleged violations in order to 2 13 determine which cases may be appropriate for the 2 14 administrative assessment of penalties. However, the 2 15 screening procedure shall not limit the discretion of the 2 16 commission to refer any case to the attorney general for legal 2 17 action. 2 18 3. CONTESTED CASE HEARINGS. Penalties may be 2 19 administratively assessed under this section only after an 2 20 opportunity for a contested case hearing. The contested case 2 21 hearing may be combined with a hearing on the merits of the 2 22 alleged violation. 2 23 4. JUDICIAL REVIEW. When a person against whom a penalty 2 24 is assessed under this section seeks timely judicial review of 2 25 an order imposing the penalty, as provided under chapter 17A, 2 26 the order is not final for the purposes of this section until 2 27 all judicial review processes are completed. Additional 2 28 judicial review shall not be sought after the order becomes 2 29 final. 2 30 5. PAYMENT OF PENALTIES AND INTEREST. 2 31 a. A penalty assessed under this section shall be paid 2 32 within thirty days of the date the order assessing the penalty 2 33 becomes final. 2 34 b. A person who fails to timely pay a penalty assessed by 2 35 a final order of the department shall pay, in addition to the 3 1 penalty, interest at the rate of one and one=half percent of 3 2 the unpaid balance of the assessed penalty for each month, or 3 3 part of a month, that the penalty remains unpaid. 3 4 c. The attorney general shall institute, at the request of 3 5 the department, summary proceedings to recover the penalty and 3 6 any accrued interest. 3 7 d. All penalties assessed by the department under this 3 8 section and interest on the penalties shall be deposited in 3 9 the general fund of the state. 3 10 6. This section does not require the commission or the 3 11 director to pursue an administrative remedy before seeking a 3 12 remedy in the courts of this state. 3 13 Sec. 5. Section 455C.12, Code 2007, is amended by adding 3 14 the following new subsection: 3 15 NEW SUBSECTION. 6. The state shall be precluded from 3 16 bringing a criminal action against a person under this chapter 3 17 if the department has initiated a civil enforcement proceeding 3 18 against the person pursuant to section 455C.11. 3 19 Sec. 6. Sections 455C.6 and 455C.10, Code 2007, are 3 20 repealed. 3 21 EXPLANATION 3 22 This bill relates to the recycling of empty beverage 3 23 containers. 3 24 The bill increases to 2 cents per container the amount 3 25 received by a dealer or a person operating a redemption 3 26 center. The redemption amount, commonly referred to as a 3 27 handling fee, is paid by the distributor who collects the 3 28 beverage containers from the dealer or the operator of the 3 29 redemption center. 3 30 Under current law, a dealer may refuse to accept empty 3 31 beverage containers if that dealer's place of business and the 3 32 kind of containers are included in an order of the department 3 33 of natural resources approving a redemption center. The bill 3 34 eliminates the ability of a dealer to refuse to accept 3 35 containers in this instance. 4 1 The bill eliminates the approval of redemption centers by 4 2 the department and makes other related changes necessary to do 4 3 so. 4 4 The bill requires the department to establish a schedule of 4 5 civil penalties and provides for the administrative assessment 4 6 of penalties up to $10,000 for violations of the Code chapter 4 7 or any rules, permits, or orders adopted or issued under it. 4 8 Violations not fitting within the schedule, or violations 4 9 referred to the attorney general, are not governed by the 4 10 schedule. The bill also provides factors to be considered in 4 11 the adoption of the schedule. 4 12 The bill requires the environmental protection commission 4 13 to adopt by rule a screening procedure that determines which 4 14 violations to refer to the attorney general and which 4 15 violations are more appropriate for administrative assessment. 4 16 The bill requires the department to provide a contested case 4 17 hearing before assessing any penalties. The bill also 4 18 provides for judicial review of administrative penalties and 4 19 requires the assessment of interest on penalties not timely 4 20 paid. 4 21 Finally, the bill precludes the department from seeking 4 22 criminal penalties if it has initiated a civil enforcement 4 23 proceeding under the Code chapter. 4 24 LSB 5317SS 82 4 25 tw/rj/5.1
HF2277
This text was found at http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=HF2277
BY WHITAKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to beverage container control by expanding the 2 number of beverage containers covered, eliminating the 3 requirement of distributors to collect and pay refund values, 4 and making conforming changes. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6103HH 82 7 tw/rj/5 PAG LIN 1 1 Section 1. Section 123.24, subsection 5, Code 2007, is 1 2 amended to read as follows: 1 3 5. Notwithstanding subsection 4, the division shall assess 1 4 a bottle surcharge to be included in the price of alcoholic 1 5 liquor in an amount sufficient, when added to the amount not1 6 refunded to class "E" liquor control licensees pursuant to 1 7 section 455C.2,to pay the costs incurred by the division for 1 8 collecting and properly disposing of the liquor containers. 1 9 The amount collected pursuant to this subsection, in addition1 10 to any amounts not refunded to class "E" liquor control 1 11 licensees pursuant to section 455C.2,shall be deposited in 1 12 the beer and liquor control fund established under section 1 13 123.53. 1 14 Sec. 2. Section 455B.313, subsection 1, Code 2007, is 1 15 amended to read as follows: 1 16 1. A distributor as defined in section 455C.1, subsection1 17 9,shall not sell or offer to sell any beverage container if 1 18 the beverage container is connected to another beverage 1 19 container by a device constructed of a material which is not 1 20 biodegradable or photodegradable. 1 21 Sec. 3. Section 455C.1, subsections 1 and 2, Code 2007, 1 22 are amended by striking the subsections and inserting in lieu 1 23 thereof the following: 1 24 1. "Beverage" means any liquid intended for human 1 25 consumption and packaged in a beverage container for sale to 1 26 consumers. "Beverage" does not include the following: 1 27 a. A liquid typically ingested in very small quantities 1 28 and consumed for medicinal purposes only. 1 29 b. A liquid designed to be consumed only as a nutritional 1 30 supplement. 1 31 c. A product intended to be consumed, or packaged and sold 1 32 to consumers or institutions, in a frozen state. 1 33 d. A powdered drink mix. 1 34 e. A soup or broth, including seafood, meat, or vegetable 1 35 broth. 2 1 f. Farm=produced apple cider which has not been heated, 2 2 pasteurized, or otherwise processed. 2 3 g. A liquid which is any of the following: 2 4 (1) A syrup. 2 5 (2) A concentrate. 2 6 (3) Typically added as a minor flavoring ingredient in 2 7 food or drink, such as extracts, cooking additives, sauces, or 2 8 condiments. 2 9 h. Milk or other primarily dairy=based drinks. 2 10 2. "Beverage container" means any container, filled and 2 11 sealed by the manufacturer and containing a beverage, which is 2 12 at least five and one=half fluid ounces or one hundred 2 13 sixty=two milliliters but not more than sixty=eight fluid 2 14 ounces or two liters in size. 2 15 Sec. 4. Section 455C.2, Code 2007, is amended to read as 2 16 follows: 2 17 455C.2 REFUND VALUES. 2 181.A refund value of not less thanfiveten cents shall be 2 19 paid by the consumer on each beverage container sold in this 2 20 state by a dealer for consumption off the premises.Upon2 21 return of the empty beverage container upon which a refund 2 22 value has been paid to the dealer or person operating a 2 23 redemption center and acceptance of the empty beverage 2 24 container by the dealer or person operating a redemption 2 25 center, the dealer or person operating a redemption center 2 26 shall return the amount of the refund value to the consumer.2 27 The dealer shall remit all refund values paid by a consumer to 2 28 an approved redemption center serving the dealer pursuant to 2 29 section 455C.6. However, a dealer may operate its own 2 30 approved redemption center, and if it does so, may retain the 2 31 refund values. 2 322. In addition to the refund value provided in subsection2 33 1 of this section, a dealer, or person operating a redemption 2 34 center who redeems empty beverage containers or a dealer agent 2 35 shall be reimbursed by the distributor required to accept the 3 1 empty beverage containers an amount which is one cent per 3 2 container. A dealer, dealer agent, or person operating a 3 3 redemption center may compact empty metal beverage containers 3 4 with the approval of the distributor required to accept the 3 5 containers.3 6 Sec. 5. Section 455C.3, Code 2007, is amended by striking 3 7 the section and inserting in lieu thereof the following: 3 8 455C.3 ACCEPTANCE OF EMPTY BEVERAGE CONTAINERS AND REFUSAL 3 9 TO PAY REFUND VALUES. 3 10 1. A dealer may refuse to accept an empty beverage 3 11 container from a consumer if the dealer is served by an 3 12 approved redemption center. If a dealer is operating an 3 13 approved redemption center, the dealer shall not refuse to 3 14 accept an empty beverage container. 3 15 2. A person operating an approved redemption center shall 3 16 not refuse to accept an empty beverage container from a 3 17 consumer. 3 18 3. A person operating an approved redemption center may 3 19 refuse to pay a refund value to the consumer for the empty 3 20 beverage container if the refund value is not stated on the 3 21 container as required pursuant to section 455C.5, or if the 3 22 empty beverage container was purchased outside the state. 3 23 4. A distributor shall not be required to pay to a 3 24 manufacturer, a dealer, a dealer agent, or a consumer a refund 3 25 value on a nonrefillable beverage container. 3 26 Sec. 6. Section 455C.5, subsection 1, Code 2007, is 3 27 amended to read as follows: 3 28 1. Each beverage container sold or offered for sale in 3 29 this state by a dealer shall clearly indicate by embossing or 3 30 by a stamp, label or other method securely affixed to the 3 31 container by a manufacturer or distributor, the refund value 3 32 of the container. The department shall specify, by rule, the 3 33 minimum size of the refund value indication on the beverage 3 34 containers. 3 35 Sec. 7. Section 455C.6, subsections 2 and 3, Code 2007, 4 1 are amended to read as follows: 4 2 2. An application for approval of a redemption center 4 3 shall be filed with the department. The application shall 4 4 state the name and address of the person responsible for the 4 5 establishment and operation of the redemption center, the kind4 6 and brand names of the beverage containers which will be 4 7 accepted at the redemption center,and the names and addresses 4 8 of the dealers to be served by the redemption center. The 4 9 application shall contain such other information as the 4 10 director may reasonably require. 4 11 3. The department shall approve a redemption center if it 4 12 finds that the redemption center will provide a convenient 4 13 service to consumers for the return of empty beverage 4 14 containers. The order of the department approving a 4 15 redemption center shall state the dealers to be served by the 4 16 redemption centerand the kind and brand names of empty4 17 beverage containers which the redemption center must accept. 4 18 The order may contain such other provisions to insure that the 4 19 redemption center will provide a convenient service to the 4 20 public as the director may determine. 4 21 Sec. 8. Section 455C.12, Code 2007, is amended to read as 4 22 follows: 4 23 455C.12 PENALTIES. 4 24 1. Any person violating the provisions of section 455C.2, 4 25 455C.3, 455C.5, and 455C.8, or a rule adopted under this 4 26 chapter shall be guilty of a simple misdemeanor. 4 272. A distributor who collects or attempts to collect a4 28 refund value on an empty beverage container when the 4 29 distributor has paid the refund value on the container to a 4 30 dealer, redemption center, or consumer is guilty of a 4 31 fraudulent practice.4 323.2. Any person who does any of the following acts is 4 33 guilty of a fraudulent practice: 4 34 a. Collects or attempts to collect the refund value on the 4 35 container a second time, with the knowledge that the refund 5 1 value has once been paid bythe distributor toadealer,5 2 redemption centerorto a consumer. 5 3 b. Manufactures, sells, possesses or applies a false or 5 4 counterfeit label or indication which shows or purports to 5 5 show a refund value for a beverage container, with intent to 5 6 use the false or counterfeit label or indication. 5 7 c. Collects or attempts to collect a refund value on a 5 8 container with the use of a false or counterfeit label or 5 9 indication showing a refund value, knowing the label or 5 10 indication to be false or counterfeit. 5 114.3. As used in this section, a false or counterfeit 5 12 label or indication means a label or indication purporting to 5 13 show a valid refund value which has not been initially applied 5 14 as authorized by a distributor. 5 155.4. Subsection 2and subsection 3, paragraph "a"of5 16 this section havehas no application to empty beverage 5 17 containers which are intended to be refillable and are in a 5 18 standard of condition except for sanitization to be refillable 5 19 by the manufacturer. 5 20 Sec. 9. Section 455C.16, Code 2007, is amended to read as 5 21 follows: 5 22 455C.16 BEVERAGE CONTAINERS == DISPOSAL AT SANITARY 5 23 LANDFILL PROHIBITED. 5 24Beginning July 1, 1990, theThe final disposal of empty 5 25 beverage containers by a dealer, distributor,ormanufacturer, 5 26 or person operating a redemption center, in a sanitary 5 27 landfill, is prohibited.Beginning September 1, 1992, the5 28 final disposal of beverage containers used to contain 5 29 alcoholic liquor as defined in section 123.3, subsection 5, by 5 30 a dealer, distributor, or manufacturer, or person operating a 5 31 redemption center in a sanitary landfill, is prohibited.5 32 Sec. 10. Sections 455C.4, 455C.7, 455C.13, and 455C.14, 5 33 Code 2007, are repealed. 5 34 EXPLANATION 5 35 This bill relates to the control of empty beverage 6 1 containers and makes changes to Code chapter 455C, commonly 6 2 referred to as the bottle bill. 6 3 The bill expands the definitions of beverage and beverage 6 4 container to require more beverage containers to carry refund 6 5 values. 6 6 The bill increases to 10 cents the refund value on beverage 6 7 containers. The refund value is currently 5 cents per 6 8 beverage container. 6 9 The bill makes significant changes to the way refund values 6 10 are collected and empty beverage containers are accepted. 6 11 Currently, distributors collect 5 cents on each container from 6 12 dealers who in turn charge 5 cents to consumers. Consumers 6 13 who return the empty beverage containers are refunded the 5 6 14 cents by the dealer who returns the empty beverage containers 6 15 to the distributor and is also refunded the 5 cents. Dealers, 6 16 however, also receive an amount of 1 cent per container from 6 17 the distributor, which is commonly referred to as the handling 6 18 fee. 6 19 The bill eliminates most of the requirements placed on 6 20 distributors by the current law. The bill requires dealers to 6 21 collect the refund values from consumers and then remit the 6 22 refund value to an approved redemption center. Consumers 6 23 return the empty beverage containers to the redemption center 6 24 instead of the dealer and the redemption center pays them the 6 25 refund value. Distributors no longer have to collect or pay 6 26 refund values, and they no longer have to accept the empty 6 27 beverage containers from dealers. Instead, the empty beverage 6 28 containers will be disposed of by the redemption centers, 6 29 typically for scrap value. 6 30 The bill requires a redemption center to accept all empty 6 31 beverage containers, but it does not require them to pay the 6 32 refund value to the consumer if the container does not bear a 6 33 refund value indication or if the container was purchased out 6 34 of the state. 6 35 Because not all empty beverage containers are returned by 7 1 consumers, a certain number of refund values will go 7 2 unclaimed. The bill makes no provision for these moneys, but 7 3 because all refund values collected by the dealers are 7 4 remitted to redemption centers, it is the redemption centers 7 5 that would keep the unclaimed refund values. 7 6 The bill strikes or repeals a number of outdated provisions 7 7 or provisions related to distributors that are no longer 7 8 necessary given the changes made in the bill. 7 9 LSB 6103HH 82 7 10 tw/rj/5
HF2537
This text was found at http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=HF2537
BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 734) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the control of beverage containers by 2 expanding the types of beverage containers covered and 3 increasing the reimbursement amount paid to dealers. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5713HV 82 6 tw/rj/14 PAG LIN 1 1 Section 1. Section 455C.1, subsections 1 and 2, Code 2007, 1 2 are amended by striking the subsections and inserting in lieu 1 3 thereof the following: 1 4 1. "Beverage" means a liquid intended for human 1 5 consumption and packaged in a beverage container for sale to 1 6 consumers. "Beverage" shall not include the following: 1 7 a. A liquid typically ingested in very small quantities 1 8 and consumed for medicinal purposes only. 1 9 b. A liquid designed to be consumed only as a nutritional 1 10 supplement. 1 11 c. A product intended to be consumed, or packaged and sold 1 12 to consumers or institutions, in a frozen state. 1 13 d. A powdered drink mix. 1 14 e. A soup or broth, including seafood, meat, or vegetable 1 15 broth. 1 16 f. Farm=produced apple cider which has not been heated, 1 17 pasteurized, or otherwise processed. 1 18 g. A liquid which is any of the following: 1 19 (1) A syrup. 1 20 (2) A concentrate. 1 21 (3) Typically added as a minor flavoring ingredient in 1 22 food or drink, such as extracts, cooking additives, sauces, or 1 23 condiments. 1 24 h. Milk or other primarily dairy=based drinks. 1 25 2. "Beverage container" means a glass, plastic, or metal 1 26 container, sealed by the manufacturer, containing a beverage 1 27 of at least five and one=half fluid ounces or one hundred 1 28 sixty=two milliliters but not more than sixty=eight fluid 1 29 ounces or two liters in size. 1 30 Sec. 2. Section 455C.2, subsection 2, Code 2007, is 1 31 amended to read as follows: 1 32 2. In addition to the refund value provided in subsection 1 33 1 of this section, a dealer, or person operating a redemption 1 34 center who redeems empty beverage containers or a dealer agent 1 35 shall be reimbursed by the distributor required to accept the 2 1 empty beverage containers an amount which isone centtwo 2 2 cents per container. A dealer, dealer agent, or person 2 3 operating a redemption center may compact empty metal beverage 2 4 containers with the approval of the distributor required to 2 5 accept the containers. 2 6 EXPLANATION 2 7 This bill relates to the control of beverage containers. 2 8 The bill increases the types of containers which require a 2 9 refund value to include beverage containers such as bottled 2 10 water and juice drinks. 2 11 The bill also increases the reimbursement amount, commonly 2 12 referred to as the handling fee, paid by distributors to 2 13 dealers from 1 cent per beverage container to 2 cents per 2 14 beverage container. 2 15 LSB 5713HV 82 2 16 tw/rj/14
Amendment H8091
PAG LIN 1 1 Amend House File 2537 as follows: 1 2 #1. Page 1, by striking line 24 and inserting the 1 3 following: 1 4 <h. Milk or other primarily dairy=based drinks or 1 5 drinks packaged or distributed by an entity primarily 1 6 marketing dairy=based products including but not 1 7 limited to fruit juices or drinks such as lemonade, 1 8 orange juice, or apple juice.> 1 9 1 10 1 11 1 12 R. OLSON of Polk 1 13 HF 2537.201 82 1 14 tw/rj/20613
Updated
March 12, 2008
