House File 295 - Reprinted HOUSE FILE 295 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 92) (As Amended and Passed by the House March 9, 2017 ) 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 HF 295 (3) 87 je/rj/md

H.F. 295 Section 1. Section 331.301, subsection 6, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. (1) A county shall not adopt an 3 ordinance, motion, resolution, or amendment that sets standards 4 or requirements regarding the sale or marketing of consumer 5 merchandise that are different from, or in addition to, any 6 requirement established by state law. For purposes of this 7 paragraph: 8 (a) “Consumer merchandise” means merchandise offered for 9 sale or lease, or provided with a sale or lease, primarily but 10 not exclusively for personal, family, or household purposes, 11 and includes any container used for consuming, carrying, or 12 transporting such merchandise. 13 (b) “Container” means a bag, cup, package, container, 14 bottle, or other packaging that is all of the following: 15 (i) Designed to be either reusable or single-use. 16 (ii) Made of cloth, paper, plastic, including foamed or 17 expanded plastic, cardboard, corrugated material, aluminum, 18 glass, or postconsumer recycled or similar material or 19 substrates, including coated, laminated, or multilayer 20 substrates. 21 (iii) Designed for consuming, transporting, or protecting 22 merchandise, food, or beverages from or at a food service or 23 retail facility. 24 (2) An ordinance, motion, resolution, or amendment adopted 25 prior to the effective date of this Act that violates this 26 paragraph is void and unenforceable on and after the effective 27 date of this Act. 28 (3) This paragraph “c” shall not apply to county solid waste 29 or recycling collection or county solid waste or recycling 30 programs. 31 Sec. 2. Section 331.304, Code 2017, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 12. a. A county shall not adopt, enforce, 34 or otherwise administer an ordinance, motion, resolution, or 35 -1- HF 295 (3) 87 je/rj/md 1/ 3

H.F. 295 amendment providing for any terms or conditions of employment 1 that exceed or conflict with the requirements of federal 2 or state law relating to a minimum or living wage rate, 3 any form of employment leave, hiring practices, employment 4 benefits, scheduling practices, or other terms or conditions 5 of employment. 6 b. An ordinance, motion, resolution, or amendment adopted 7 prior to the effective date of this Act that violates this 8 subsection is void and unenforceable on and after the effective 9 date of this Act. 10 Sec. 3. Section 364.3, subsection 3, Code 2017, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. (1) A city shall not adopt an ordinance, 13 motion, resolution, or amendment that sets standards or 14 requirements regarding the sale or marketing of consumer 15 merchandise that are different from, or in addition to, any 16 requirement established by state law. For purposes of this 17 paragraph: 18 (a) “Consumer merchandise” means merchandise offered for 19 sale or lease, or provided with a sale or lease, primarily but 20 not exclusively for personal, family, or household purposes, 21 and includes any container used for consuming, carrying, or 22 transporting such merchandise. 23 (b) “Container” means a bag, cup, package, container, 24 bottle, or other packaging that is all of the following: 25 (i) Designed to be either reusable or single-use. 26 (ii) Made of cloth, paper, plastic, including foamed or 27 expanded plastic, cardboard, corrugated material, aluminum, 28 glass, or postconsumer recycled or similar material or 29 substrates, including coated, laminated, or multilayer 30 substrates. 31 (iii) Designed for consuming, transporting, or protecting 32 merchandise, food, or beverages from or at a food service or 33 retail facility. 34 (2) An ordinance, motion, resolution, or amendment adopted 35 -2- HF 295 (3) 87 je/rj/md 2/ 3

H.F. 295 prior to the effective date of this Act that violates this 1 paragraph is void and unenforceable on and after the effective 2 date of this Act. 3 (3) This paragraph “c” shall not apply to city solid waste 4 or recycling collection or city solid waste or recycling 5 programs. 6 Sec. 4. Section 364.3, Code 2017, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 12. a. A city shall not adopt, enforce, 9 or otherwise administer an ordinance, motion, resolution, or 10 amendment providing for any terms or conditions of employment 11 that exceed or conflict with the requirements of federal 12 or state law relating to a minimum or living wage rate, 13 any form of employment leave, hiring practices, employment 14 benefits, scheduling practices, or other terms or conditions 15 of employment. 16 b. An ordinance, motion, resolution, or amendment adopted 17 prior to the effective date of this Act that violates this 18 subsection is void and unenforceable on and after the effective 19 date of this Act. 20 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 21 immediate importance, takes effect upon enactment. 22 -3- HF 295 (3) 87 je/rj/md 3/ 3