House File 295 - Introduced HOUSE FILE 295 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 92) 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 TLSB 1463HV (2) 87 je/rj

H.F. 295 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 35 -1- LSB 1463HV (2) 87 je/rj 1/ 5

H.F. 295 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 17 or state law relating to a minimum or living wage rate, 18 any form of employment leave, hiring practices, employment 19 benefits, scheduling practices, or other terms or conditions 20 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 -2- LSB 1463HV (2) 87 je/rj 2/ 5

H.F. 295 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 24 or state law relating to a minimum or living wage rate, 25 any form of employment leave, hiring practices, employment 26 benefits, scheduling practices, or other terms or conditions 27 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 35 -3- LSB 1463HV (2) 87 je/rj 3/ 5

H.F. 295 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 a minimum or living wage rate, 7 any form of employment leave, hiring practices, employment 8 benefits, scheduling practices, or other terms or conditions 9 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 -4- LSB 1463HV (2) 87 je/rj 4/ 5

H.F. 295 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 -5- LSB 1463HV (2) 87 je/rj 5/ 5