Senate Amendment to House File 493 H-8170 Amend House File 493, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 331.304, Code 2016, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 11. A county shall not adopt or 7 enforce any ordinance or regulation in violation of 8 section 562A.27B or 562B.25B. 9 Sec. 2. Section 364.3, Code 2016, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 11. A city shall not adopt or 12 enforce any ordinance or regulation in violation of 13 section 562A.27B or 562B.25B. 14 Sec. 3. NEW SECTION . 562A.27B Right to summon 15 emergency assistance —— waiver of rights. 16 1. a. A landlord shall not prohibit or limit a 17 resident’s or tenant’s rights to summon law enforcement 18 assistance or other emergency assistance by or on 19 behalf of a victim of abuse, a victim of a crime, or an 20 individual in an emergency. 21 b. A landlord shall not impose monetary or other 22 penalties on a resident or tenant who exercises the 23 resident’s or tenant’s right to summon law enforcement 24 assistance or other emergency assistance. 25 c. Penalties prohibited by this subsection include 26 all of the following: 27 (1) The actual or threatened assessment of 28 penalties, fines, or fees. 29 (2) The actual or threatened eviction, or causing 30 the actual or threatened eviction, from the premises. 31 d. Any waiver of the provisions of this 32 subsection is contrary to public policy and is void, 33 unenforceable, and of no force or effect. 34 e. This subsection shall not be construed to 35 -1- HF493.3335.S (1) 86 jh 1/ 7 #1.

prohibit a landlord from recovering from a resident 1 or tenant an amount equal to the costs incurred to 2 repair property damage if the damage is caused by law 3 enforcement or other emergency personnel summoned by 4 the resident or tenant. 5 f. This section does not prohibit a landlord from 6 terminating, evicting, or refusing to renew a tenancy 7 or rental agreement when such action is premised upon 8 grounds other than the resident’s or tenant’s exercise 9 of the right to summon law enforcement assistance or 10 other emergency assistance by or on behalf of a victim 11 of abuse, a victim of a crime, or an individual in an 12 emergency. 13 2. a. An ordinance, rule, or regulation of a 14 city, county, or other governmental entity shall not 15 authorize imposition of a penalty against a resident, 16 owner, tenant, or landlord because the resident, owner, 17 tenant, or landlord was a victim of abuse or crime. 18 b. An ordinance, rule, or regulation of a city, 19 county, or other governmental entity shall not 20 authorize imposition of a penalty against a resident, 21 owner, tenant, or landlord because the resident, owner, 22 tenant, or landlord sought law enforcement assistance 23 or other emergency assistance for a victim of abuse, a 24 victim of a crime, or an individual in an emergency, if 25 either of the following is established: 26 (1) The resident, owner, tenant, or landlord 27 seeking assistance had a reasonable belief that the 28 emergency assistance was necessary to prevent the 29 perpetration or escalation of the abuse, crime, or 30 emergency. 31 (2) In the event of abuse, crime, or other 32 emergency, the emergency assistance was actually 33 needed. 34 c. Penalties prohibited by this subsection include 35 -2- HF493.3335.S (1) 86 jh 2/ 7

all of the following: 1 (1) The actual or threatened assessment of 2 penalties, fines, or fees. 3 (2) The actual or threatened eviction, or causing 4 the actual or threatened eviction, from the premises. 5 (3) The actual or threatened revocation, 6 suspension, or nonrenewal of a rental certificate, 7 license, or permit. 8 d. This subsection does not prohibit a city, 9 county, or other governmental entity from enforcing any 10 ordinance, rule, or regulation premised upon grounds 11 other than a request for law enforcement assistance 12 or other emergency assistance by a resident, owner, 13 tenant, or landlord, or the fact that the resident, 14 owner, tenant, or landlord was a victim of crime or 15 abuse. 16 e. This subsection does not prohibit a city, 17 county, or other governmental entity from collecting 18 penalties, fines, or fees for services provided 19 which are necessitated by the cleanup of hazardous 20 materials, the cleanup of vandalism, or a response 21 to a false alarm call, which are incurred by the 22 provision of emergency medical services, or which 23 reflect other costs incurred by the city, county, or 24 other governmental entity unrelated to responding to a 25 call for law enforcement assistance or other emergency 26 assistance. 27 3. In addition to other remedies provided by law, 28 if an owner or landlord violates the provisions of this 29 section, a resident or tenant is entitled to recover 30 from the owner or landlord any of the following: 31 a. A civil penalty in an amount equal to one 32 month’s rent. 33 b. Actual damages. 34 c. Reasonable attorney fees the tenant or resident 35 -3- HF493.3335.S (1) 86 jh 3/ 7

incurs in seeking enforcement of this section. 1 d. Court costs. 2 e. Injunctive relief. 3 4. In addition to other remedies provided by 4 law, if a city, county, or other governmental entity 5 violates the provisions of this section, a resident, 6 owner, tenant, or landlord is entitled to recover from 7 the city, county, or other governmental entity any of 8 the following: 9 a. An order requiring the city, county, or other 10 governmental entity to cease and desist the unlawful 11 practice. 12 b. Other equitable relief, including reinstatement 13 of a rental certificate, license, or permit, as the 14 court may deem appropriate. 15 c. Actual damages. 16 d. In a case brought by a resident or tenant, the 17 reasonable attorney fees the resident or tenant incurs 18 in seeking enforcement of this section. 19 e. Court costs. 20 5. For purposes of this section, “resident” means 21 a member of a tenant’s family and any other person 22 occupying the dwelling unit with the consent of the 23 tenant. 24 Sec. 4. NEW SECTION . 562B.25B Right to summon 25 emergency assistance —— waiver of rights. 26 1. a. A landlord shall not prohibit or limit a 27 resident’s or tenant’s rights to summon law enforcement 28 assistance or other emergency assistance by or on 29 behalf of a victim of abuse, a victim of a crime, or an 30 individual in an emergency. 31 b. A landlord shall not impose monetary or other 32 penalties on a resident or tenant who exercises the 33 resident’s or tenant’s right to summon law enforcement 34 assistance or other emergency assistance. 35 -4- HF493.3335.S (1) 86 jh 4/ 7

c. Penalties prohibited by this subsection include 1 all of the following: 2 (1) The actual or threatened assessment of 3 penalties, fines, or fees. 4 (2) The actual or threatened eviction, or causing 5 the actual or threatened eviction, from the premises. 6 d. Any waiver of the provisions of this 7 subsection is contrary to public policy and is void, 8 unenforceable, and of no force or effect. 9 e. This subsection shall not be construed to 10 prohibit a landlord from recovering from a resident 11 or tenant an amount equal to the costs incurred to 12 repair property damage if the damage is caused by law 13 enforcement or other emergency personnel summoned by 14 the resident or tenant. 15 f. This section does not prohibit a landlord from 16 terminating, evicting, or refusing to renew a tenancy 17 or rental agreement when such action is premised upon 18 grounds other than the resident’s or tenant’s exercise 19 of the right to summon law enforcement assistance or 20 other emergency assistance by or on behalf of a victim 21 of abuse, a victim of a crime, or an individual in an 22 emergency. 23 2. a. An ordinance, rule, or regulation of a 24 city, county, or other governmental entity shall not 25 authorize imposition of a penalty against a resident, 26 owner, tenant, or landlord because the resident, owner, 27 tenant, or landlord was a victim of abuse or crime. 28 b. An ordinance, rule, or regulation of a city, 29 county, or other governmental entity shall not 30 authorize imposition of a penalty against a resident, 31 owner, tenant, or landlord because the resident, owner, 32 tenant, or landlord sought law enforcement assistance 33 or other emergency assistance for a victim of abuse, a 34 victim of a crime, or an individual in an emergency, if 35 -5- HF493.3335.S (1) 86 jh 5/ 7

either of the following is established: 1 (1) The resident, owner, tenant, or landlord 2 seeking assistance had a reasonable belief that the 3 emergency assistance was necessary to prevent the 4 perpetration or escalation of the abuse, crime, or 5 emergency. 6 (2) In the event of abuse, crime, or other 7 emergency, the emergency assistance was actually 8 needed. 9 c. Penalties prohibited by this subsection include 10 all of the following: 11 (1) The actual or threatened assessment of 12 penalties, fines, or fees. 13 (2) The actual or threatened eviction, or causing 14 the actual or threatened eviction, from the premises. 15 (3) The actual or threatened revocation, 16 suspension, or nonrenewal of a rental certificate, 17 license, or permit. 18 d. This subsection does not prohibit a city, 19 county, or other governmental entity from enforcing any 20 ordinance, rule, or regulation premised upon grounds 21 other than a request for law enforcement assistance 22 or other emergency assistance by a resident, owner, 23 tenant, or landlord, or the fact that the resident, 24 owner, tenant, or landlord was a victim of crime or 25 abuse. 26 e. This subsection does not prohibit a city, 27 county, or other governmental entity from collecting 28 penalties, fines, or fees for services provided 29 which are necessitated by the cleanup of hazardous 30 materials, the cleanup of vandalism, or a response 31 to a false alarm call, which are incurred by the 32 provision of emergency medical services, or which 33 reflect other costs incurred by the city, county, or 34 other governmental entity unrelated to responding to a 35 -6- HF493.3335.S (1) 86 jh 6/ 7

call for law enforcement assistance or other emergency 1 assistance. 2 3. In addition to other remedies provided by law, 3 if an owner or landlord violates the provisions of this 4 section, a resident or tenant is entitled to recover 5 from the owner or landlord any of the following: 6 a. A civil penalty in an amount equal to one 7 month’s rent. 8 b. Actual damages. 9 c. Reasonable attorney fees the tenant or resident 10 incurs in seeking enforcement of this section. 11 d. Court costs. 12 e. Injunctive relief. 13 4. In addition to other remedies provided by 14 law, if a city, county, or other governmental entity 15 violates the provisions of this section, a resident, 16 owner, tenant, or landlord is entitled to recover from 17 the city, county, or other governmental entity any of 18 the following: 19 a. An order requiring the city, county, or other 20 governmental entity to cease and desist the unlawful 21 practice. 22 b. Other equitable relief, including reinstatement 23 of a rental certificate, license, or permit, as the 24 court may deem appropriate. 25 c. Actual damages. 26 d. In a case brought by a resident or tenant, the 27 reasonable attorney fees the resident or tenant incurs 28 in seeking enforcement of this section. 29 e. Court costs. 30 5. For purposes of this section, “resident” means 31 a member of a tenant’s family and any other person 32 occupying the dwelling unit with the consent of the 33 tenant. > 34 -7- HF493.3335.S (1) 86 jh 7/ 7