HSB 92 (LSB 1463YC (14) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON HIGHFILL)

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 99F.7, subsection 7, Code 2017, is amended to read as follows:
   7.  It is the intent of the general assembly that employees be paid at least twenty-five percent above the federal minimum wage level established by federal law in effect on January 1, 2017.
    Sec. 2.  Section 216.19, subsection 1, Code 2017, is amended to read as follows:
   1.  All cities shall, to the extent possible, protect the rights of the citizens of this state secured by the Iowa civil rights Act. Nothing in this chapter shall be construed as indicating any of the following:
   a.  An intent on the part of the general assembly to occupy the field in which this chapter operates to the exclusion of local laws not inconsistent with this chapter that deal with the same subject matter.
   b.  An an intent to prohibit an agency or commission of local government having as its purpose the investigation and resolution of violations of this chapter from developing procedures and remedies necessary to insure ensure the protection of rights secured by this chapter.
   c.  Limiting a city or local government from enacting any ordinance or other law which prohibits broader or different categories of unfair or discriminatory practices.
    Sec. 3.  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.
    Sec. 4.  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 but not limited 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.  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.
    Sec. 6.  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 but not limited 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. 7.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a county or city from adopting, enforcing, or otherwise administering 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 but not limited 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.
   The bill modifies current Code language stating that it is the intent of the general assembly that employees of entities licensed to conduct gambling games be paid at least 25 percent above the federal minimum wage level. The bill stipulates that the minimum wage level referred to is the level established by federal law in effect on January 1, 2017.
   The bill prohibits a county or city from adopting 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.
   The bill defines “consumer merchandise” as 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. The bill defines “container” as a bag, cup, package, container, bottle, or other packaging that is designed to be either reusable or single-use, made of certain materials specified in the bill, and designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service or retail facility.
   The bill strikes language providing that nothing in Code chapter 216, the Iowa civil rights Act of 1965, shall be construed as an intent on the part of the general assembly to occupy the field in which Code chapter 216 operates to the exclusion of local laws not inconsistent with Code chapter 216 that deal with the same subject matter. The bill also strikes language providing that nothing in Code chapter 216 shall be construed as limiting a city or local government from enacting any ordinance or other law which prohibits broader or different categories of unfair or discriminatory practices than are provided in Code chapter 216.
   The bill provides that an ordinance, motion, resolution, or amendment adopted prior to the effective date of the bill that violates the bill is void and unenforceable on and after the effective date of the bill.
   The bill takes effect upon enactment.