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

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-Amended.html

---

House File 295 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 92)
       (As Amended and Passed by the House March 9, 2017)

                                      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:
    HF 295 (3) 87
    je/rj/md

PAG LIN



  1  1    Section 1.  Section 331.301, subsection 6, Code 2017, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  c.  (1)  A county shall not adopt an
  1  4 ordinance, motion, resolution, or amendment that sets standards
  1  5 or requirements regarding the sale or marketing of consumer
  1  6 merchandise that are different from, or in addition to, any
  1  7 requirement established by state law. For purposes of this
  1  8 paragraph:
  1  9    (a)  "Consumer merchandise" means merchandise offered for
  1 10 sale or lease, or provided with a sale or lease, primarily but
  1 11 not exclusively for personal, family, or household purposes,
  1 12 and includes any container used for consuming, carrying, or
  1 13 transporting such merchandise.
  1 14    (b)  "Container" means a bag, cup, package, container,
  1 15 bottle, or other packaging that is all of the following:
  1 16    (i)  Designed to be either reusable or single=use.
  1 17    (ii)  Made of cloth, paper, plastic, including foamed or
  1 18 expanded plastic, cardboard, corrugated material, aluminum,
  1 19 glass, or postconsumer recycled or similar material or
  1 20 substrates, including coated, laminated, or multilayer
  1 21 substrates.
  1 22    (iii)  Designed for consuming, transporting, or protecting
  1 23 merchandise, food, or beverages from or at a food service or
  1 24 retail facility.
  1 25    (2)  An ordinance, motion, resolution, or amendment adopted
  1 26 prior to the effective date of this Act that violates this
  1 27 paragraph is void and unenforceable on and after the effective
  1 28 date of this Act.
  1 29    (3)  This paragraph "c" shall not apply to county solid waste
  1 30 or recycling collection or county solid waste or recycling
  1 31 programs.
  1 32    Sec. 2.  Section 331.304, Code 2017, is amended by adding the
  1 33 following new subsection:
  1 34    NEW SUBSECTION.  12.  a.  A county shall not adopt, enforce,
  1 35 or otherwise administer an ordinance, motion, resolution, or
  2  1 amendment providing for any terms or conditions of employment
  2  2 that exceed or conflict with the requirements of federal
  2  3 or state law relating to a minimum or living wage rate,
  2  4 any form of employment leave, hiring practices, employment
  2  5 benefits, scheduling practices, or other terms or conditions
  2  6 of employment.
  2  7    b.  An ordinance, motion, resolution, or amendment adopted
  2  8 prior to the effective date of this Act that violates this
  2  9 subsection is void and unenforceable on and after the effective
  2 10 date of this Act.
  2 11    Sec. 3.  Section 364.3, subsection 3, Code 2017, is amended
  2 12 by adding the following new paragraph:
  2 13    NEW PARAGRAPH.  c.  (1)  A city shall not adopt an ordinance,
  2 14 motion, resolution, or amendment that sets standards or
  2 15 requirements regarding the sale or marketing of consumer
  2 16 merchandise that are different from, or in addition to, any
  2 17 requirement established by state law. For purposes of this
  2 18 paragraph:
  2 19    (a)  "Consumer merchandise" means merchandise offered for
  2 20 sale or lease, or provided with a sale or lease, primarily but
  2 21 not exclusively for personal, family, or household purposes,
  2 22 and includes any container used for consuming, carrying, or
  2 23 transporting such merchandise.
  2 24    (b)  "Container" means a bag, cup, package, container,
  2 25 bottle, or other packaging that is all of the following:
  2 26    (i)  Designed to be either reusable or single=use.
  2 27    (ii)  Made of cloth, paper, plastic, including foamed or
  2 28 expanded plastic, cardboard, corrugated material, aluminum,
  2 29 glass, or postconsumer recycled or similar material or
  2 30 substrates, including coated, laminated, or multilayer
  2 31 substrates.
  2 32    (iii)  Designed for consuming, transporting, or protecting
  2 33 merchandise, food, or beverages from or at a food service or
  2 34 retail facility.
  2 35    (2)  An ordinance, motion, resolution, or amendment adopted
  3  1 prior to the effective date of this Act that violates this
  3  2 paragraph is void and unenforceable on and after the effective
  3  3 date of this Act.
  3  4    (3)  This paragraph "c" shall not apply to city solid waste
  3  5 or recycling collection or city solid waste or recycling
  3  6 programs.
  3  7    Sec. 4.  Section 364.3, Code 2017, is amended by adding the
  3  8 following new subsection:
  3  9    NEW SUBSECTION.  12.  a.  A city shall not adopt, enforce,
  3 10 or otherwise administer an ordinance, motion, resolution, or
  3 11 amendment providing for any terms or conditions of employment
  3 12 that exceed or conflict with the requirements of federal
  3 13 or state law relating to a minimum or living wage rate,
  3 14 any form of employment leave, hiring practices, employment
  3 15 benefits, scheduling practices, or other terms or conditions
  3 16 of employment.
  3 17    b.  An ordinance, motion, resolution, or amendment adopted
  3 18 prior to the effective date of this Act that violates this
  3 19 subsection is void and unenforceable on and after the effective
  3 20 date of this Act.
  3 21    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  3 22 immediate importance, takes effect upon enactment.
       HF 295 (3) 87
       je/rj/md