Bill Text: IA SSB1154 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act to prohibit 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) 2017-02-23 - Subcommittee: Garrett, Guth, and Allen. [SSB1154 Detail]
Download: Iowa-2017-SSB1154-Introduced.html
Senate
Study
Bill
1154
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GARRETT)
A
BILL
FOR
An
Act
to
prohibit
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
216.19,
subsection
1,
Code
2017,
is
1
amended
to
read
as
follows:
2
1.
All
cities
shall,
to
the
extent
possible,
protect
the
3
rights
of
the
citizens
of
this
state
secured
by
the
Iowa
civil
4
rights
Act.
Nothing
in
this
chapter
shall
be
construed
as
5
indicating
any
of
the
following:
6
a.
An
intent
on
the
part
of
the
general
assembly
to
occupy
7
the
field
in
which
this
chapter
operates
to
the
exclusion
of
8
local
laws
not
inconsistent
with
this
chapter
that
deal
with
9
the
same
subject
matter.
10
b.
An
an
intent
to
prohibit
an
agency
or
commission
of
11
local
government
having
as
its
purpose
the
investigation
and
12
resolution
of
violations
of
this
chapter
from
developing
13
procedures
and
remedies
necessary
to
insure
ensure
the
14
protection
of
rights
secured
by
this
chapter
.
15
c.
Limiting
a
city
or
local
government
from
enacting
any
16
ordinance
or
other
law
which
prohibits
broader
or
different
17
categories
of
unfair
or
discriminatory
practices.
18
Sec.
2.
Section
331.301,
subsection
6,
Code
2017,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
(1)
A
county
shall
not
adopt
an
21
ordinance,
motion,
resolution,
or
amendment
that
sets
standards
22
or
requirements
regarding
the
sale
or
marketing
of
consumer
23
merchandise
that
are
different
from,
or
in
addition
to,
any
24
requirement
established
by
state
law.
For
purposes
of
this
25
paragraph:
26
(a)
“Consumer
merchandise”
means
merchandise
offered
for
27
sale
or
lease,
or
provided
with
a
sale
or
lease,
primarily
but
28
not
exclusively
for
personal,
family,
or
household
purposes,
29
and
includes
any
container
used
for
consuming,
carrying,
or
30
transporting
such
merchandise.
31
(b)
“Container”
means
a
bag,
cup,
package,
container,
32
bottle,
or
other
packaging
that
is
all
of
the
following:
33
(i)
Designed
to
be
either
reusable
or
single-use.
34
(ii)
Made
of
cloth,
paper,
plastic,
including
foamed
or
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expanded
plastic,
cardboard,
corrugated
material,
aluminum,
1
glass,
or
postconsumer
recycled
or
similar
material
or
2
substrates,
including
coated,
laminated,
or
multilayer
3
substrates.
4
(iii)
Designed
for
consuming,
transporting,
or
protecting
5
merchandise,
food,
or
beverages
from
or
at
a
food
service
or
6
retail
facility.
7
(2)
An
ordinance,
motion,
resolution,
or
amendment
adopted
8
prior
to
the
effective
date
of
this
Act
that
violates
this
9
paragraph
is
void
and
unenforceable
on
and
after
the
effective
10
date
of
this
Act.
11
Sec.
3.
Section
331.304,
Code
2017,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
12.
a.
A
county
shall
not
adopt,
enforce,
14
or
otherwise
administer
an
ordinance,
motion,
resolution,
or
15
amendment
providing
for
any
terms
or
conditions
of
employment
16
that
exceed
or
conflict
with
the
requirements
of
federal
or
17
state
law
relating
to
but
not
limited
to
a
minimum
or
living
18
wage
rate,
any
form
of
employment
leave,
hiring
practices,
19
employment
benefits,
scheduling
practices,
or
other
terms
or
20
conditions
of
employment.
21
b.
An
ordinance,
motion,
resolution,
or
amendment
adopted
22
prior
to
the
effective
date
of
this
Act
that
violates
this
23
subsection
is
void
and
unenforceable
on
and
after
the
effective
24
date
of
this
Act.
25
Sec.
4.
Section
364.3,
subsection
3,
Code
2017,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
c.
(1)
A
city
shall
not
adopt
an
ordinance,
28
motion,
resolution,
or
amendment
that
sets
standards
or
29
requirements
regarding
the
sale
or
marketing
of
consumer
30
merchandise
that
are
different
from,
or
in
addition
to,
any
31
requirement
established
by
state
law.
For
purposes
of
this
32
paragraph:
33
(a)
“Consumer
merchandise”
means
merchandise
offered
for
34
sale
or
lease,
or
provided
with
a
sale
or
lease,
primarily
but
35
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_____
not
exclusively
for
personal,
family,
or
household
purposes,
1
and
includes
any
container
used
for
consuming,
carrying,
or
2
transporting
such
merchandise.
3
(b)
“Container”
means
a
bag,
cup,
package,
container,
4
bottle,
or
other
packaging
that
is
all
of
the
following:
5
(i)
Designed
to
be
either
reusable
or
single-use.
6
(ii)
Made
of
cloth,
paper,
plastic,
including
foamed
or
7
expanded
plastic,
cardboard,
corrugated
material,
aluminum,
8
glass,
or
postconsumer
recycled
or
similar
material
or
9
substrates,
including
coated,
laminated,
or
multilayer
10
substrates.
11
(iii)
Designed
for
consuming,
transporting,
or
protecting
12
merchandise,
food,
or
beverages
from
or
at
a
food
service
or
13
retail
facility.
14
(2)
An
ordinance,
motion,
resolution,
or
amendment
adopted
15
prior
to
the
effective
date
of
this
Act
that
violates
this
16
paragraph
is
void
and
unenforceable
on
and
after
the
effective
17
date
of
this
Act.
18
Sec.
5.
Section
364.3,
Code
2017,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
12.
a.
A
city
shall
not
adopt,
enforce,
21
or
otherwise
administer
an
ordinance,
motion,
resolution,
or
22
amendment
providing
for
any
terms
or
conditions
of
employment
23
that
exceed
or
conflict
with
the
requirements
of
federal
or
24
state
law
relating
to
but
not
limited
to
a
minimum
or
living
25
wage
rate,
any
form
of
employment
leave,
hiring
practices,
26
employment
benefits,
scheduling
practices,
or
other
terms
or
27
conditions
of
employment.
28
b.
An
ordinance,
motion,
resolution,
or
amendment
adopted
29
prior
to
the
effective
date
of
this
Act
that
violates
this
30
subsection
is
void
and
unenforceable
on
and
after
the
effective
31
date
of
this
Act.
32
Sec.
6.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
33
immediate
importance,
takes
effect
upon
enactment.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
prohibits
a
county
or
city
from
adopting,
3
enforcing,
or
otherwise
administering
an
ordinance,
motion,
4
resolution,
or
amendment
providing
for
any
terms
or
conditions
5
of
employment
that
exceed
or
conflict
with
the
requirements
of
6
federal
or
state
law
relating
to
but
not
limited
to
a
minimum
7
or
living
wage
rate,
any
form
of
employment
leave,
hiring
8
practices,
employment
benefits,
scheduling
practices,
or
other
9
terms
or
conditions
of
employment.
10
The
bill
prohibits
a
county
or
city
from
adopting
an
11
ordinance,
motion,
resolution,
or
amendment
that
sets
standards
12
or
requirements
regarding
the
sale
or
marketing
of
consumer
13
merchandise
that
are
different
from,
or
in
addition
to,
any
14
requirement
established
by
state
law.
15
The
bill
defines
“consumer
merchandise”
as
merchandise
16
offered
for
sale
or
lease,
or
provided
with
a
sale
or
lease,
17
primarily
but
not
exclusively
for
personal,
family,
or
18
household
purposes,
and
includes
any
container
used
for
19
consuming,
carrying,
or
transporting
such
merchandise.
The
20
bill
defines
“container”
as
a
bag,
cup,
package,
container,
21
bottle,
or
other
packaging
that
is
designed
to
be
either
22
reusable
or
single-use,
made
of
certain
materials
specified
23
in
the
bill,
and
designed
for
consuming,
transporting,
or
24
protecting
merchandise,
food,
or
beverages
from
or
at
a
food
25
service
or
retail
facility.
26
The
bill
provides
that
an
ordinance,
motion,
resolution,
or
27
amendment
adopted
prior
to
the
effective
date
of
the
bill
that
28
violates
these
prohibitions
is
void
and
unenforceable
on
and
29
after
the
effective
date
of
the
bill.
30
The
bill
strikes
language
providing
that
nothing
in
Code
31
chapter
216,
the
Iowa
civil
rights
Act
of
1965,
shall
be
32
construed
as
an
intent
on
the
part
of
the
general
assembly
to
33
occupy
the
field
in
which
Code
chapter
216
operates
to
the
34
exclusion
of
local
laws
not
inconsistent
with
Code
chapter
216
35
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_____
that
deal
with
the
same
subject
matter.
The
bill
also
strikes
1
language
providing
that
nothing
in
Code
chapter
216
shall
be
2
construed
as
limiting
a
city
or
local
government
from
enacting
3
any
ordinance
or
other
law
which
prohibits
broader
or
different
4
categories
of
unfair
or
discriminatory
practices
than
are
5
provided
in
Code
chapter
216.
6
The
bill
takes
effect
upon
enactment.
7
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