Bill Text: IA HF152 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to accounting of unpaid beverage container refund value.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-21 - Introduced, referred to State Government. H.J. 137. [HF152 Detail]
Download: Iowa-2021-HF152-Introduced.html
House
File
152
-
Introduced
HOUSE
FILE
152
BY
JONES
A
BILL
FOR
An
Act
relating
to
accounting
of
unpaid
beverage
container
1
refund
value.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
455C.1,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
3
subsection
54
,
alcoholic
liquor
as
defined
in
section
123.3,
4
subsection
5
,
beer
as
defined
in
section
123.3,
subsection
5
7
,
high
alcoholic
content
beer
as
defined
in
section
123.3,
6
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
7
subsection
11,
mineral
water,
soda
water
,
and
similar
8
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
9
consumption.
10
Sec.
2.
NEW
SECTION
.
455C.3A
Accounting
of
unpaid
refund
11
value.
12
1.
As
used
in
this
section,
“financial
institution”
means
13
any
bank,
trust
company,
savings
association,
insurance
company
14
or
related
corporation,
partnership,
foundation,
or
other
15
institution
licensed
to
do
business
in
the
state
of
Iowa.
16
2.
Each
distributor
shall
open
a
special
interest-bearing
17
account
at
an
Iowa
branch
of
a
financial
institution
to
the
18
credit
of
the
distributor.
The
distributor
shall
deposit
in
19
the
account
an
amount
equal
to
the
refund
value
established
20
pursuant
to
section
455C.2
for
each
beverage
container
sold
21
by
the
distributor
on
or
after
July
1,
2021.
The
distributor
22
shall
make
the
deposit
not
more
than
three
business
days
after
23
the
date
the
beverage
container
is
sold
to
a
dealer.
All
24
interest,
dividends,
and
returns
earned
on
the
account
shall
25
be
paid
directly
into
the
account.
Moneys
in
the
account
26
shall
be
kept
separate
and
apart
from
all
other
moneys
in
the
27
distributor’s
possession.
28
3.
Reimbursement
paid
to
a
dealer,
dealer
agent,
or
29
redemption
center
pursuant
to
section
455C.2,
subsection
2,
30
shall
be
paid
from
the
account
created
pursuant
to
subsection
31
1
of
this
section.
32
4.
Each
distributor
shall
submit
a
report
to
the
director
by
33
October
31,
2021,
covering
the
period
beginning
July
1,
2021,
34
and
ending
September
30,
2021,
and
thereafter
shall
submit
a
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quarterly
report
covering
the
immediately
preceding
calendar
1
quarter
not
later
than
one
month
after
the
close
of
the
quarter
2
for
which
the
report
is
prepared.
The
report
shall
be
on
a
form
3
prescribed
by
the
director
and
contain
such
information
that
4
the
director
deems
necessary,
including
but
not
limited
to
all
5
of
the
following:
6
a.
The
balance
in
the
account
at
the
beginning
of
the
7
quarter
for
which
the
report
is
prepared.
8
b.
A
list
of
all
deposits
credited
to
the
account
during
9
the
quarter,
including
those
deposits
equivalent
to
the
refund
10
values
paid
to
the
distributor
and
all
interest,
dividends,
or
11
returns
received
on
the
account.
12
c.
A
list
of
all
withdrawals
from
the
account
during
the
13
quarter,
all
service
charges
and
overdraft
charges
on
the
14
account,
and
all
payments
made
pursuant
to
subsection
3.
15
d.
The
balance
in
the
account
at
the
close
of
the
quarter
16
for
which
the
report
is
prepared.
17
5.
The
treasurer
of
state
may,
independently
or
upon
18
request
of
the
director,
examine
the
accounts
and
records
of
19
any
distributor
maintained
by
the
distributor
pursuant
to
this
20
section,
including
receipts,
disbursements,
and
such
other
21
items
as
the
treasurer
of
state
deems
appropriate.
22
6.
The
attorney
general
may,
independently
or
upon
request
23
of
the
director,
institute
any
appropriate
action
or
proceeding
24
to
enforce
any
provision
of
this
section
or
any
rule
adopted
25
pursuant
to
this
section.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
accounting
of
unpaid
beverage
container
30
refund
value
under
the
beverage
containers
control
law,
also
31
known
as
the
bottle
bill.
32
Current
law
limits
beverage
containers
subject
to
beverage
33
containers
control
deposit
and
refund
provisions
to
any
sealed
34
glass,
plastic,
or
metal
bottle,
can,
jar,
or
carton
holding
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wine,
alcoholic
liquor,
beer,
mineral
water,
soda
water,
or
1
carbonated
soft
drinks.
When
a
distributor
sells
beverages
2
in
eligible
containers
to
a
dealer,
the
distributor
charges
5
3
cents
per
eligible
container
to
the
sale
price.
When
a
dealer
4
sells
beverages
in
eligible
containers
to
a
consumer,
the
5
dealer
charges
the
5-cent
deposit
on
each
beverage
container.
6
A
consumer
can
take
eligible
beverage
containers
to
a
dealer,
7
dealer
agent,
or
a
redemption
center
and
receive
a
5-cent
8
refund
for
every
eligible
beverage
container
that
the
consumer
9
returns.
A
distributor
collects
eligible
containers
from
a
10
dealer,
dealer
agent,
or
redemption
center,
at
which
time
11
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
12
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
13
additional
1
cent
per
empty
container.
14
The
bill
adds
high
alcoholic
content
beer
and
canned
15
cocktails
to
the
definition
of
“beverage”.
16
The
bill
requires
each
distributor
to
open
a
special
17
interest-bearing
account
at
an
Iowa
branch
of
a
financial
18
institution,
as
defined
in
the
bill,
to
the
credit
of
the
19
distributor.
The
distributor
shall
deposit
in
the
account
an
20
amount
equal
to
the
refund
value
for
each
beverage
container
21
sold
by
the
distributor
on
or
after
July
1,
2021,
and
the
22
reimbursement
of
refund
value
paid
by
the
distributor
to
a
23
dealer,
dealer
agent,
or
redemption
center
shall
be
paid
from
24
the
account.
25
Beginning
October
31,
2021,
and
quarterly
thereafter,
the
26
bill
requires
each
distributor
to
submit
to
the
director
of
27
the
department
of
natural
resources
(DNR)
a
report
covering
28
the
immediately
preceding
calendar
quarter
that
includes
the
29
balance
in
the
account
at
the
beginning
of
the
quarter
for
30
which
the
report
is
prepared,
a
list
of
all
deposits
credited
31
to
the
account
during
the
quarter,
a
list
of
all
withdrawals
32
from
the
account
during
the
quarter,
and
the
balance
in
the
33
account
at
the
close
of
the
quarter
for
which
the
report
is
34
prepared.
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The
bill
authorizes
the
treasurer
of
state,
independently
1
or
upon
request
of
the
DNR
director,
to
examine
the
accounts
2
and
records
of
any
distributor
maintained
by
the
distributor
3
pursuant
to
the
bill.
The
bill
authorizes
the
attorney
4
general,
independently
or
upon
request
of
the
DNR
director,
to
5
institute
any
appropriate
action
or
proceeding
to
enforce
any
6
provision
of
the
bill
or
any
rule
adopted
pursuant
to
the
bill.
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