Bill Text: IA HF295 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act prohibiting counties and cities from establishing certain regulations relating to employment matters and the sale or marketing of consumer merchandise, providing for properly related matters, and including effective date provisions. (Formerly HSB 92.) Effective 3-30-17.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2017-03-30 - Signed by Governor. H.J. 825. [HF295 Detail]

Download: Iowa-2017-HF295-Enrolled.html

House File 295 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON LOCAL
                                  GOVERNMENT

                              (SUCCESSOR TO HSB 92)
 \5
                                   A BILL FOR
 \1
                                         House File 295

                             AN ACT
 PROHIBITING COUNTIES AND CITIES FROM ESTABLISHING
    CERTAIN REGULATIONS RELATING TO EMPLOYMENT MATTERS AND THE
    SALE OR MARKETING OF CONSUMER MERCHANDISE, PROVIDING FOR
    PROPERLY RELATED MATTERS, AND INCLUDING EFFECTIVE DATE
    PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 331.301, subsection 6, Code 2017, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  c.  (1)  A county shall not adopt an
 ordinance, motion, resolution, or amendment that sets standards
 or requirements regarding the sale or marketing of consumer
 merchandise that are different from, or in addition to, any
 requirement established by state law. For purposes of this
 paragraph:
    (a)  "Consumer merchandise" means merchandise offered for
 sale or lease, or provided with a sale or lease, primarily but
 not exclusively for personal, family, or household purposes,
 and includes any container used for consuming, carrying, or
  transporting such merchandise.
    (b)  "Container" means a bag, cup, package, container,
 bottle, or other packaging that is all of the following:
    (i)  Designed to be either reusable or single=use.
    (ii)  Made of cloth, paper, plastic, including foamed or
 expanded plastic, cardboard, corrugated material, aluminum,
 glass, or postconsumer recycled or similar material or
 substrates, including coated, laminated, or multilayer
 substrates.
    (iii)  Designed for consuming, transporting, or protecting
 merchandise, food, or beverages from or at a food service or
 retail facility.
    (2)  An ordinance, motion, resolution, or amendment adopted
 prior to the effective date of this Act that violates this
 paragraph is void and unenforceable on and after the effective
 date of this Act.
    (3)  This paragraph "c" shall not apply to county solid waste
 or recycling collection or county solid waste or recycling
 programs.
    Sec. 2.  Section 331.304, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  12.  a.  A county shall not adopt, enforce,
 or otherwise administer an ordinance, motion, resolution, or
 amendment providing for any terms or conditions of employment
 that exceed or conflict with the requirements of federal
 or state law relating to a minimum or living wage rate,
 any form of employment leave, hiring practices, employment
 benefits, scheduling practices, or other terms or conditions
 of employment.
    b.  An ordinance, motion, resolution, or amendment adopted
 prior to the effective date of this Act that violates this
 subsection is void and unenforceable on and after the effective
 date of this Act.
    Sec. 3.  Section 364.3, subsection 3, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  c.  (1)  A city shall not adopt an ordinance,
 motion, resolution, or amendment that sets standards or
 requirements regarding the sale or marketing of consumer
 merchandise that are different from, or in addition to, any
 requirement established by state law. For purposes of this
 paragraph:
    (a)  "Consumer merchandise" means merchandise offered for
 sale or lease, or provided with a sale or lease, primarily but
 not exclusively for personal, family, or household purposes,
 and includes any container used for consuming, carrying, or
 transporting such merchandise.
    (b)  "Container" means a bag, cup, package, container,
 bottle, or other packaging that is all of the following:
    (i)  Designed to be either reusable or single=use.
    (ii)  Made of cloth, paper, plastic, including foamed or
 expanded plastic, cardboard, corrugated material, aluminum,
 glass, or postconsumer recycled or similar material or
 substrates, including coated, laminated, or multilayer
 substrates.
    (iii)  Designed for consuming, transporting, or protecting
 merchandise, food, or beverages from or at a food service or
 retail facility.
    (2)  An ordinance, motion, resolution, or amendment adopted
 prior to the effective date of this Act that violates this
 paragraph is void and unenforceable on and after the effective
 date of this Act.
    (3)  This paragraph "c" shall not apply to city solid waste
 or recycling collection or city solid waste or recycling
 programs.
    Sec. 4.  Section 364.3, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  12.  a.  A city shall not adopt, enforce,
 or otherwise administer an ordinance, motion, resolution, or
 amendment providing for any terms or conditions of employment
 that exceed or conflict with the requirements of federal
 or state law relating to a minimum or living wage rate,
 any form of employment leave, hiring practices, employment
 benefits, scheduling practices, or other terms or conditions
 of employment.
    b.  An ordinance, motion, resolution, or amendment adopted
 prior to the effective date of this Act that violates this
 subsection is void and unenforceable on and after the effective
 date of this Act.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               JACK WHITVER
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 295, Eighty=seventh General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2017


                                                             
                               TERRY E. BRANSTAD
                               Governor

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