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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Committee Bill

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

Download: Iowa-2017-HF295-Introduced.html

House File 295 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 92)

                                      A BILL FOR

  1 An Act prohibiting counties and cities from establishing
  2    certain regulations relating to employment matters and the
  3    sale or marketing of consumer merchandise, providing for
  4    properly related matters, and including effective date
  5    provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 216.19, subsection 1, Code 2017, is
  1  2 amended to read as follows:
  1  3    1.  All cities shall, to the extent possible, protect the
  1  4 rights of the citizens of this state secured by the Iowa civil
  1  5 rights Act. Nothing in this chapter shall be construed as
  1  6 indicating any of the following:
  1  7    a.  An intent on the part of the general assembly to occupy
  1  8 the field in which this chapter operates to the exclusion of
  1  9 local laws not inconsistent with this chapter that deal with
  1 10 the same subject matter.
  1 11    b.  An an intent to prohibit an agency or commission of
  1 12 local government having as its purpose the investigation and
  1 13 resolution of violations of this chapter from developing
  1 14 procedures and remedies necessary to insure ensure the
  1 15 protection of rights secured by this chapter.
  1 16    c.  Limiting a city or local government from enacting any
  1 17 ordinance or other law which prohibits broader or different
  1 18 categories of unfair or discriminatory practices.
  1 19    Sec. 2.  Section 331.301, subsection 6, Code 2017, is amended
  1 20 by adding the following new paragraph:
  1 21    NEW PARAGRAPH.  c.  (1)  A county shall not adopt an
  1 22 ordinance, motion, resolution, or amendment that sets standards
  1 23 or requirements regarding the sale or marketing of consumer
  1 24 merchandise that are different from, or in addition to, any
  1 25 requirement established by state law. For purposes of this
  1 26 paragraph:
  1 27    (a)  "Consumer merchandise" means merchandise offered for
  1 28 sale or lease, or provided with a sale or lease, primarily but
  1 29 not exclusively for personal, family, or household purposes,
  1 30 and includes any container used for consuming, carrying, or
  1 31 transporting such merchandise.
  1 32    (b)  "Container" means a bag, cup, package, container,
  1 33 bottle, or other packaging that is all of the following:
  1 34    (i)  Designed to be either reusable or single=use.
  1 35    (ii)  Made of cloth, paper, plastic, including foamed or
  2  1 expanded plastic, cardboard, corrugated material, aluminum,
  2  2 glass, or postconsumer recycled or similar material or
  2  3 substrates, including coated, laminated, or multilayer
  2  4 substrates.
  2  5    (iii)  Designed for consuming, transporting, or protecting
  2  6 merchandise, food, or beverages from or at a food service or
  2  7 retail facility.
  2  8    (2)  An ordinance, motion, resolution, or amendment adopted
  2  9 prior to the effective date of this Act that violates this
  2 10 paragraph is void and unenforceable on and after the effective
  2 11 date of this Act.
  2 12    Sec. 3.  Section 331.304, Code 2017, is amended by adding the
  2 13 following new subsection:
  2 14    NEW SUBSECTION.  12.  a.  A county shall not adopt, enforce,
  2 15 or otherwise administer an ordinance, motion, resolution, or
  2 16 amendment providing for any terms or conditions of employment
  2 17 that exceed or conflict with the requirements of federal
  2 18 or state law relating to a minimum or living wage rate,
  2 19 any form of employment leave, hiring practices, employment
  2 20 benefits, scheduling practices, or other terms or conditions
  2 21 of employment.
  2 22    b.  An ordinance, motion, resolution, or amendment adopted
  2 23 prior to the effective date of this Act that violates this
  2 24 subsection is void and unenforceable on and after the effective
  2 25 date of this Act.
  2 26    Sec. 4.  Section 364.3, subsection 3, Code 2017, is amended
  2 27 by adding the following new paragraph:
  2 28    NEW PARAGRAPH.  c.  (1)  A city shall not adopt an ordinance,
  2 29 motion, resolution, or amendment that sets standards or
  2 30 requirements regarding the sale or marketing of consumer
  2 31 merchandise that are different from, or in addition to, any
  2 32 requirement established by state law. For purposes of this
  2 33 paragraph:
  2 34    (a)  "Consumer merchandise" means merchandise offered for
  2 35 sale or lease, or provided with a sale or lease, primarily but
  3  1 not exclusively for personal, family, or household purposes,
  3  2 and includes any container used for consuming, carrying, or
  3  3 transporting such merchandise.
  3  4    (b)  "Container" means a bag, cup, package, container,
  3  5 bottle, or other packaging that is all of the following:
  3  6    (i)  Designed to be either reusable or single=use.
  3  7    (ii)  Made of cloth, paper, plastic, including foamed or
  3  8 expanded plastic, cardboard, corrugated material, aluminum,
  3  9 glass, or postconsumer recycled or similar material or
  3 10 substrates, including coated, laminated, or multilayer
  3 11 substrates.
  3 12    (iii)  Designed for consuming, transporting, or protecting
  3 13 merchandise, food, or beverages from or at a food service or
  3 14 retail facility.
  3 15    (2)  An ordinance, motion, resolution, or amendment adopted
  3 16 prior to the effective date of this Act that violates this
  3 17 paragraph is void and unenforceable on and after the effective
  3 18 date of this Act.
  3 19    Sec. 5.  Section 364.3, Code 2017, is amended by adding the
  3 20 following new subsection:
  3 21    NEW SUBSECTION.  12.  a.  A city shall not adopt, enforce,
  3 22 or otherwise administer an ordinance, motion, resolution, or
  3 23 amendment providing for any terms or conditions of employment
  3 24 that exceed or conflict with the requirements of federal
  3 25 or state law relating to a minimum or living wage rate,
  3 26 any form of employment leave, hiring practices, employment
  3 27 benefits, scheduling practices, or other terms or conditions
  3 28 of employment.
  3 29    b.  An ordinance, motion, resolution, or amendment adopted
  3 30 prior to the effective date of this Act that violates this
  3 31 subsection is void and unenforceable on and after the effective
  3 32 date of this Act.
  3 33    Sec. 6.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  3 34 immediate importance, takes effect upon enactment.
  3 35                           EXPLANATION
  4  1 The inclusion of this explanation does not constitute agreement with
  4  2 the explanation's substance by the members of the general assembly.
  4  3    This bill prohibits a county or city from adopting,
  4  4 enforcing, or otherwise administering an ordinance, motion,
  4  5 resolution, or amendment providing for any terms or conditions
  4  6 of employment that exceed or conflict with the requirements of
  4  7 federal or state law relating to a minimum or living wage rate,
  4  8 any form of employment leave, hiring practices, employment
  4  9 benefits, scheduling practices, or other terms or conditions
  4 10 of employment.
  4 11    The bill prohibits a county or city from adopting an
  4 12 ordinance, motion, resolution, or amendment that sets standards
  4 13 or requirements regarding the sale or marketing of consumer
  4 14 merchandise that are different from, or in addition to, any
  4 15 requirement established by state law.
  4 16    The bill defines "consumer merchandise" as merchandise
  4 17 offered for sale or lease, or provided with a sale or lease,
  4 18 primarily but not exclusively for personal, family, or
  4 19 household purposes, and includes any container used for
  4 20 consuming, carrying, or transporting such merchandise. The
  4 21 bill defines "container" as a bag, cup, package, container,
  4 22 bottle, or other packaging that is designed to be either
  4 23 reusable or single=use, made of certain materials specified
  4 24 in the bill, and designed for consuming, transporting, or
  4 25 protecting merchandise, food, or beverages from or at a food
  4 26 service or retail facility.
  4 27    The bill provides that an ordinance, motion, resolution, or
  4 28 amendment adopted prior to the effective date of the bill that
  4 29 violates these prohibitions is void and unenforceable on and
  4 30 after the effective date of the bill.
  4 31    The bill strikes language providing that nothing in Code
  4 32 chapter 216, the Iowa civil rights Act of 1965, shall be
  4 33 construed as an intent on the part of the general assembly to
  4 34 occupy the field in which Code chapter 216 operates to the
  4 35 exclusion of local laws not inconsistent with Code chapter 216
  5  1 that deal with the same subject matter. The bill also strikes
  5  2 language providing that nothing in Code chapter 216 shall be
  5  3 construed as limiting a city or local government from enacting
  5  4 any ordinance or other law which prohibits broader or different
  5  5 categories of unfair or discriminatory practices than are
  5  6 provided in Code chapter 216.
  5  7    The bill takes effect upon enactment.
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