Bill Text: IA HSB92 | 2017-2018 | 87th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-10 - Committee report, recommending amendment and passage. H.J. 268. [HSB92 Detail]
Download: Iowa-2017-HSB92-Introduced.html
House
Study
Bill
92
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
HIGHFILL)
A
BILL
FOR
An
Act
prohibiting
counties
and
cities
from
establishing
1
certain
regulations
relating
to
employment
matters
and
the
2
sale
or
marketing
of
consumer
merchandise,
providing
for
3
properly
related
matters,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
99F.7,
subsection
7,
Code
2017,
is
1
amended
to
read
as
follows:
2
7.
It
is
the
intent
of
the
general
assembly
that
employees
3
be
paid
at
least
twenty-five
percent
above
the
federal
minimum
4
wage
level
established
by
federal
law
in
effect
on
January
1,
5
2017
.
6
Sec.
2.
Section
216.19,
subsection
1,
Code
2017,
is
amended
7
to
read
as
follows:
8
1.
All
cities
shall,
to
the
extent
possible,
protect
the
9
rights
of
the
citizens
of
this
state
secured
by
the
Iowa
civil
10
rights
Act.
Nothing
in
this
chapter
shall
be
construed
as
11
indicating
any
of
the
following:
12
a.
An
intent
on
the
part
of
the
general
assembly
to
occupy
13
the
field
in
which
this
chapter
operates
to
the
exclusion
of
14
local
laws
not
inconsistent
with
this
chapter
that
deal
with
15
the
same
subject
matter.
16
b.
An
an
intent
to
prohibit
an
agency
or
commission
of
17
local
government
having
as
its
purpose
the
investigation
and
18
resolution
of
violations
of
this
chapter
from
developing
19
procedures
and
remedies
necessary
to
insure
ensure
the
20
protection
of
rights
secured
by
this
chapter
.
21
c.
Limiting
a
city
or
local
government
from
enacting
any
22
ordinance
or
other
law
which
prohibits
broader
or
different
23
categories
of
unfair
or
discriminatory
practices.
24
Sec.
3.
Section
331.301,
subsection
6,
Code
2017,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
c.
(1)
A
county
shall
not
adopt
an
27
ordinance,
motion,
resolution,
or
amendment
that
sets
standards
28
or
requirements
regarding
the
sale
or
marketing
of
consumer
29
merchandise
that
are
different
from,
or
in
addition
to,
any
30
requirement
established
by
state
law.
For
purposes
of
this
31
paragraph:
32
(a)
“Consumer
merchandise”
means
merchandise
offered
for
33
sale
or
lease,
or
provided
with
a
sale
or
lease,
primarily
but
34
not
exclusively
for
personal,
family,
or
household
purposes,
35
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and
includes
any
container
used
for
consuming,
carrying,
or
1
transporting
such
merchandise.
2
(b)
“Container”
means
a
bag,
cup,
package,
container,
3
bottle,
or
other
packaging
that
is
all
of
the
following:
4
(i)
Designed
to
be
either
reusable
or
single-use.
5
(ii)
Made
of
cloth,
paper,
plastic,
including
foamed
or
6
expanded
plastic,
cardboard,
corrugated
material,
aluminum,
7
glass,
or
postconsumer
recycled
or
similar
material
or
8
substrates,
including
coated,
laminated,
or
multilayer
9
substrates.
10
(iii)
Designed
for
consuming,
transporting,
or
protecting
11
merchandise,
food,
or
beverages
from
or
at
a
food
service
or
12
retail
facility.
13
(2)
An
ordinance,
motion,
resolution,
or
amendment
adopted
14
prior
to
the
effective
date
of
this
Act
that
violates
this
15
paragraph
is
void
and
unenforceable
on
and
after
the
effective
16
date
of
this
Act.
17
Sec.
4.
Section
331.304,
Code
2017,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
12.
a.
A
county
shall
not
adopt,
enforce,
20
or
otherwise
administer
an
ordinance,
motion,
resolution,
or
21
amendment
providing
for
any
terms
or
conditions
of
employment
22
that
exceed
or
conflict
with
the
requirements
of
federal
or
23
state
law
relating
to
but
not
limited
to
a
minimum
or
living
24
wage
rate,
any
form
of
employment
leave,
hiring
practices,
25
employment
benefits,
scheduling
practices,
or
other
terms
or
26
conditions
of
employment.
27
b.
An
ordinance,
motion,
resolution,
or
amendment
adopted
28
prior
to
the
effective
date
of
this
Act
that
violates
this
29
subsection
is
void
and
unenforceable
on
and
after
the
effective
30
date
of
this
Act.
31
Sec.
5.
Section
364.3,
subsection
3,
Code
2017,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
c.
(1)
A
city
shall
not
adopt
an
ordinance,
34
motion,
resolution,
or
amendment
that
sets
standards
or
35
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H.F.
_____
requirements
regarding
the
sale
or
marketing
of
consumer
1
merchandise
that
are
different
from,
or
in
addition
to,
any
2
requirement
established
by
state
law.
For
purposes
of
this
3
paragraph:
4
(a)
“Consumer
merchandise”
means
merchandise
offered
for
5
sale
or
lease,
or
provided
with
a
sale
or
lease,
primarily
but
6
not
exclusively
for
personal,
family,
or
household
purposes,
7
and
includes
any
container
used
for
consuming,
carrying,
or
8
transporting
such
merchandise.
9
(b)
“Container”
means
a
bag,
cup,
package,
container,
10
bottle,
or
other
packaging
that
is
all
of
the
following:
11
(i)
Designed
to
be
either
reusable
or
single-use.
12
(ii)
Made
of
cloth,
paper,
plastic,
including
foamed
or
13
expanded
plastic,
cardboard,
corrugated
material,
aluminum,
14
glass,
or
postconsumer
recycled
or
similar
material
or
15
substrates,
including
coated,
laminated,
or
multilayer
16
substrates.
17
(iii)
Designed
for
consuming,
transporting,
or
protecting
18
merchandise,
food,
or
beverages
from
or
at
a
food
service
or
19
retail
facility.
20
(2)
An
ordinance,
motion,
resolution,
or
amendment
adopted
21
prior
to
the
effective
date
of
this
Act
that
violates
this
22
paragraph
is
void
and
unenforceable
on
and
after
the
effective
23
date
of
this
Act.
24
Sec.
6.
Section
364.3,
Code
2017,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
12.
a.
A
city
shall
not
adopt,
enforce,
27
or
otherwise
administer
an
ordinance,
motion,
resolution,
or
28
amendment
providing
for
any
terms
or
conditions
of
employment
29
that
exceed
or
conflict
with
the
requirements
of
federal
or
30
state
law
relating
to
but
not
limited
to
a
minimum
or
living
31
wage
rate,
any
form
of
employment
leave,
hiring
practices,
32
employment
benefits,
scheduling
practices,
or
other
terms
or
33
conditions
of
employment.
34
b.
An
ordinance,
motion,
resolution,
or
amendment
adopted
35
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H.F.
_____
prior
to
the
effective
date
of
this
Act
that
violates
this
1
subsection
is
void
and
unenforceable
on
and
after
the
effective
2
date
of
this
Act.
3
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
4
immediate
importance,
takes
effect
upon
enactment.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
prohibits
a
county
or
city
from
adopting,
9
enforcing,
or
otherwise
administering
an
ordinance,
motion,
10
resolution,
or
amendment
providing
for
any
terms
or
conditions
11
of
employment
that
exceed
or
conflict
with
the
requirements
of
12
federal
or
state
law
relating
to
but
not
limited
to
a
minimum
13
or
living
wage
rate,
any
form
of
employment
leave,
hiring
14
practices,
employment
benefits,
scheduling
practices,
or
other
15
terms
or
conditions
of
employment.
16
The
bill
modifies
current
Code
language
stating
that
it
is
17
the
intent
of
the
general
assembly
that
employees
of
entities
18
licensed
to
conduct
gambling
games
be
paid
at
least
25
percent
19
above
the
federal
minimum
wage
level.
The
bill
stipulates
that
20
the
minimum
wage
level
referred
to
is
the
level
established
by
21
federal
law
in
effect
on
January
1,
2017.
22
The
bill
prohibits
a
county
or
city
from
adopting
an
23
ordinance,
motion,
resolution,
or
amendment
that
sets
standards
24
or
requirements
regarding
the
sale
or
marketing
of
consumer
25
merchandise
that
are
different
from,
or
in
addition
to,
any
26
requirement
established
by
state
law.
27
The
bill
defines
“consumer
merchandise”
as
merchandise
28
offered
for
sale
or
lease,
or
provided
with
a
sale
or
lease,
29
primarily
but
not
exclusively
for
personal,
family,
or
30
household
purposes,
and
includes
any
container
used
for
31
consuming,
carrying,
or
transporting
such
merchandise.
The
32
bill
defines
“container”
as
a
bag,
cup,
package,
container,
33
bottle,
or
other
packaging
that
is
designed
to
be
either
34
reusable
or
single-use,
made
of
certain
materials
specified
35
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H.F.
_____
in
the
bill,
and
designed
for
consuming,
transporting,
or
1
protecting
merchandise,
food,
or
beverages
from
or
at
a
food
2
service
or
retail
facility.
3
The
bill
strikes
language
providing
that
nothing
in
Code
4
chapter
216,
the
Iowa
civil
rights
Act
of
1965,
shall
be
5
construed
as
an
intent
on
the
part
of
the
general
assembly
to
6
occupy
the
field
in
which
Code
chapter
216
operates
to
the
7
exclusion
of
local
laws
not
inconsistent
with
Code
chapter
216
8
that
deal
with
the
same
subject
matter.
The
bill
also
strikes
9
language
providing
that
nothing
in
Code
chapter
216
shall
be
10
construed
as
limiting
a
city
or
local
government
from
enacting
11
any
ordinance
or
other
law
which
prohibits
broader
or
different
12
categories
of
unfair
or
discriminatory
practices
than
are
13
provided
in
Code
chapter
216.
14
The
bill
provides
that
an
ordinance,
motion,
resolution,
or
15
amendment
adopted
prior
to
the
effective
date
of
the
bill
that
16
violates
the
bill
is
void
and
unenforceable
on
and
after
the
17
effective
date
of
the
bill.
18
The
bill
takes
effect
upon
enactment.
19
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