House File 2309 - Introduced HOUSE FILE 2309 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 519) A BILL FOR An Act relating to the regulation by counties and cities of 1 certain conditions of employment, and including effective 2 date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5243HV (2) 88 js/ns

H.F. 2309 Section 1. Section 331.304, subsection 12, Code 2020, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. In an action to challenge the enforcement 3 or administration of an ordinance, motion, resolution, or 4 amendment that violates this subsection, or in an action 5 brought by a county to enforce or administer an ordinance, 6 motion, resolution, or amendment that violates this subsection, 7 the court shall award attorney fees and costs to a party who 8 prevails in challenging the ordinance, motion, resolution, or 9 amendment. 10 Sec. 2. Section 364.3, subsection 12, Code 2020, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. In an action to challenge the enforcement 13 or administration of an ordinance, motion, resolution, or 14 amendment that violates this subsection, or in an action 15 brought by a city to enforce or administer an ordinance, 16 motion, resolution, or amendment that violates this subsection, 17 the court shall award attorney fees and costs to a party who 18 prevails in challenging the ordinance, motion, resolution, or 19 amendment. 20 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 Sec. 4. APPLICABILITY. The following apply to actions 23 regarding the enforcement or administration of an ordinance, 24 motion, resolution, or amendment that is pending on the 25 effective date of this Act or is filed on or after the 26 effective date of this Act: 27 1. The section of this Act enacting section 331.304, 28 subsection 12, paragraph “c”. 29 2. The section of this Act enacting section 364.3, 30 subsection 12, paragraph “c”. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the regulation by counties and cities 35 -1- LSB 5243HV (2) 88 js/ns 1/ 2

H.F. 2309 of certain conditions of employment. Current law prohibits 1 a county or city from adopting, enforcing, or otherwise 2 administering an ordinance, motion, resolution, or amendment 3 providing for any terms or conditions that exceed or conflict 4 with the requirements of federal or state law relating to a 5 minimum or living wage rate, any form of employment leave, 6 hiring practices, employment benefits, scheduling practices, 7 or other terms or conditions of employment. The bill provides 8 that the court shall award attorney fees and costs to the 9 prevailing party challenging the enforcement or administration 10 of a prohibited ordinance, motion, resolution, or amendment. 11 The bill applies to actions regarding the enforcement or 12 administration of a prohibited ordinance, motion, resolution, 13 or amendment that is pending on the effective date of the bill 14 or is filed on or after the effective date of the bill. The 15 bill takes effect upon enactment. 16 -2- LSB 5243HV (2) 88 js/ns 2/ 2