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Senate Study Bill 1154 - IntroducedA Bill ForAn Act 1to prohibit counties and cities from establishing
2certain regulations relating to employment matters and the
3sale or marketing of consumer merchandise, providing for
4properly related matters, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.19, subsection 1, Code 2017, is
2amended to read as follows:
31. All cities shall, to the extent possible, protect the
4rights of the citizens of this state secured by the Iowa civil
5rights Act. Nothing in this chapter shall be construed as
6indicating any of the following:
7a. An intent on the part of the general assembly to occupy
8the field in which this chapter operates to the exclusion of
9local laws not inconsistent with this chapter that deal with
10the same subject matter.
11b. An an intent to prohibit an agency or commission of
12local government having as its purpose the investigation and
13resolution of violations of this chapter from developing
14procedures and remedies necessary to insure ensure the
15protection of rights secured by this chapter.
16c. Limiting a city or local government from enacting any
17ordinance or other law which prohibits broader or different
18categories of unfair or discriminatory practices.
19 Sec. 2. Section 331.301, subsection 6, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. (1) A county shall not adopt an
22ordinance, motion, resolution, or amendment that sets standards
23or requirements regarding the sale or marketing of consumer
24merchandise that are different from, or in addition to, any
25requirement established by state law. For purposes of this
26paragraph:
27(a) “Consumer merchandise” means merchandise offered for
28sale or lease, or provided with a sale or lease, primarily but
29not exclusively for personal, family, or household purposes,
30and includes any container used for consuming, carrying, or
31transporting such merchandise.
32(b) “Container” means a bag, cup, package, container,
33bottle, or other packaging that is all of the following:
34(i) Designed to be either reusable or single-use.
35(ii) Made of cloth, paper, plastic, including foamed or
-1-1expanded plastic, cardboard, corrugated material, aluminum,
2glass, or postconsumer recycled or similar material or
3substrates, including coated, laminated, or multilayer
4substrates.
5(iii) Designed for consuming, transporting, or protecting
6merchandise, food, or beverages from or at a food service or
7retail facility.
8(2) An ordinance, motion, resolution, or amendment adopted
9prior to the effective date of this Act that violates this
10paragraph is void and unenforceable on and after the effective
11date of this Act.
12 Sec. 3. Section 331.304, Code 2017, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
15or otherwise administer an ordinance, motion, resolution, or
16amendment providing for any terms or conditions of employment
17that exceed or conflict with the requirements of federal or
18state law relating to but not limited to a minimum or living
19wage rate, any form of employment leave, hiring practices,
20employment benefits, scheduling practices, or other terms or
21conditions of employment.
22b. An ordinance, motion, resolution, or amendment adopted
23prior to the effective date of this Act that violates this
24subsection is void and unenforceable on and after the effective
25date of this Act.
26 Sec. 4. Section 364.3, subsection 3, Code 2017, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
29motion, resolution, or amendment that sets standards or
30requirements regarding the sale or marketing of consumer
31merchandise that are different from, or in addition to, any
32requirement established by state law. For purposes of this
33paragraph:
34(a) “Consumer merchandise” means merchandise offered for
35sale or lease, or provided with a sale or lease, primarily but
-2-1not exclusively for personal, family, or household purposes,
2and includes any container used for consuming, carrying, or
3transporting such merchandise.
4(b) “Container” means a bag, cup, package, container,
5bottle, or other packaging that is all of the following:
6(i) Designed to be either reusable or single-use.
7(ii) Made of cloth, paper, plastic, including foamed or
8expanded plastic, cardboard, corrugated material, aluminum,
9glass, or postconsumer recycled or similar material or
10substrates, including coated, laminated, or multilayer
11substrates.
12(iii) Designed for consuming, transporting, or protecting
13merchandise, food, or beverages from or at a food service or
14retail facility.
15(2) An ordinance, motion, resolution, or amendment adopted
16prior to the effective date of this Act that violates this
17paragraph is void and unenforceable on and after the effective
18date of this Act.
19 Sec. 5. Section 364.3, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
22or otherwise administer an ordinance, motion, resolution, or
23amendment providing for any terms or conditions of employment
24that exceed or conflict with the requirements of federal or
25state law relating to but not limited to a minimum or living
26wage rate, any form of employment leave, hiring practices,
27employment benefits, scheduling practices, or other terms or
28conditions of employment.
29b. An ordinance, motion, resolution, or amendment adopted
30prior to the effective date of this Act that violates this
31subsection is void and unenforceable on and after the effective
32date of this Act.
33 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
34immediate importance, takes effect upon enactment.
35EXPLANATION
-3-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill prohibits a county or city from adopting,
4enforcing, or otherwise administering an ordinance, motion,
5resolution, or amendment providing for any terms or conditions
6of employment that exceed or conflict with the requirements of
7federal or state law relating to but not limited to a minimum
8or living wage rate, any form of employment leave, hiring
9practices, employment benefits, scheduling practices, or other
10terms or conditions of employment.
11The bill prohibits a county or city from adopting an
12ordinance, motion, resolution, or amendment that sets standards
13or requirements regarding the sale or marketing of consumer
14merchandise that are different from, or in addition to, any
15requirement established by state law.
16The bill defines “consumer merchandise” as merchandise
17offered for sale or lease, or provided with a sale or lease,
18primarily but not exclusively for personal, family, or
19household purposes, and includes any container used for
20consuming, carrying, or transporting such merchandise. The
21bill defines “container” as a bag, cup, package, container,
22bottle, or other packaging that is designed to be either
23reusable or single-use, made of certain materials specified
24in the bill, and designed for consuming, transporting, or
25protecting merchandise, food, or beverages from or at a food
26service or retail facility.
27The bill provides that an ordinance, motion, resolution, or
28amendment adopted prior to the effective date of the bill that
29violates these prohibitions is void and unenforceable on and
30after the effective date of the bill.
31The bill strikes language providing that nothing in Code
32chapter 216, the Iowa civil rights Act of 1965, shall be
33construed as an intent on the part of the general assembly to
34occupy the field in which Code chapter 216 operates to the
35exclusion of local laws not inconsistent with Code chapter 216
-4-1that deal with the same subject matter. The bill also strikes
2language providing that nothing in Code chapter 216 shall be
3construed as limiting a city or local government from enacting
4any ordinance or other law which prohibits broader or different
5categories of unfair or discriminatory practices than are
6provided in Code chapter 216.
7The bill takes effect upon enactment.
-5-je/rj
2certain regulations relating to employment matters and the
3sale or marketing of consumer merchandise, providing for
4properly related matters, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.19, subsection 1, Code 2017, is
2amended to read as follows:
31. All cities shall, to the extent possible, protect the
4rights of the citizens of this state secured by the Iowa civil
5rights Act. Nothing in this chapter shall be construed as
6indicating any of the following:
7a. An intent on the part of the general assembly to occupy
8the field in which this chapter operates to the exclusion of
9local laws not inconsistent with this chapter that deal with
10the same subject matter.
11b. An an intent to prohibit an agency or commission of
12local government having as its purpose the investigation and
13resolution of violations of this chapter from developing
14procedures and remedies necessary to insure ensure the
15protection of rights secured by this chapter.
16c. Limiting a city or local government from enacting any
17ordinance or other law which prohibits broader or different
18categories of unfair or discriminatory practices.
19 Sec. 2. Section 331.301, subsection 6, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. (1) A county shall not adopt an
22ordinance, motion, resolution, or amendment that sets standards
23or requirements regarding the sale or marketing of consumer
24merchandise that are different from, or in addition to, any
25requirement established by state law. For purposes of this
26paragraph:
27(a) “Consumer merchandise” means merchandise offered for
28sale or lease, or provided with a sale or lease, primarily but
29not exclusively for personal, family, or household purposes,
30and includes any container used for consuming, carrying, or
31transporting such merchandise.
32(b) “Container” means a bag, cup, package, container,
33bottle, or other packaging that is all of the following:
34(i) Designed to be either reusable or single-use.
35(ii) Made of cloth, paper, plastic, including foamed or
-1-1expanded plastic, cardboard, corrugated material, aluminum,
2glass, or postconsumer recycled or similar material or
3substrates, including coated, laminated, or multilayer
4substrates.
5(iii) Designed for consuming, transporting, or protecting
6merchandise, food, or beverages from or at a food service or
7retail facility.
8(2) An ordinance, motion, resolution, or amendment adopted
9prior to the effective date of this Act that violates this
10paragraph is void and unenforceable on and after the effective
11date of this Act.
12 Sec. 3. Section 331.304, Code 2017, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
15or otherwise administer an ordinance, motion, resolution, or
16amendment providing for any terms or conditions of employment
17that exceed or conflict with the requirements of federal or
18state law relating to but not limited to a minimum or living
19wage rate, any form of employment leave, hiring practices,
20employment benefits, scheduling practices, or other terms or
21conditions of employment.
22b. An ordinance, motion, resolution, or amendment adopted
23prior to the effective date of this Act that violates this
24subsection is void and unenforceable on and after the effective
25date of this Act.
26 Sec. 4. Section 364.3, subsection 3, Code 2017, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
29motion, resolution, or amendment that sets standards or
30requirements regarding the sale or marketing of consumer
31merchandise that are different from, or in addition to, any
32requirement established by state law. For purposes of this
33paragraph:
34(a) “Consumer merchandise” means merchandise offered for
35sale or lease, or provided with a sale or lease, primarily but
-2-1not exclusively for personal, family, or household purposes,
2and includes any container used for consuming, carrying, or
3transporting such merchandise.
4(b) “Container” means a bag, cup, package, container,
5bottle, or other packaging that is all of the following:
6(i) Designed to be either reusable or single-use.
7(ii) Made of cloth, paper, plastic, including foamed or
8expanded plastic, cardboard, corrugated material, aluminum,
9glass, or postconsumer recycled or similar material or
10substrates, including coated, laminated, or multilayer
11substrates.
12(iii) Designed for consuming, transporting, or protecting
13merchandise, food, or beverages from or at a food service or
14retail facility.
15(2) An ordinance, motion, resolution, or amendment adopted
16prior to the effective date of this Act that violates this
17paragraph is void and unenforceable on and after the effective
18date of this Act.
19 Sec. 5. Section 364.3, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
22or otherwise administer an ordinance, motion, resolution, or
23amendment providing for any terms or conditions of employment
24that exceed or conflict with the requirements of federal or
25state law relating to but not limited to a minimum or living
26wage rate, any form of employment leave, hiring practices,
27employment benefits, scheduling practices, or other terms or
28conditions of employment.
29b. An ordinance, motion, resolution, or amendment adopted
30prior to the effective date of this Act that violates this
31subsection is void and unenforceable on and after the effective
32date of this Act.
33 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
34immediate importance, takes effect upon enactment.
35EXPLANATION
-3-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill prohibits a county or city from adopting,
4enforcing, or otherwise administering an ordinance, motion,
5resolution, or amendment providing for any terms or conditions
6of employment that exceed or conflict with the requirements of
7federal or state law relating to but not limited to a minimum
8or living wage rate, any form of employment leave, hiring
9practices, employment benefits, scheduling practices, or other
10terms or conditions of employment.
11The bill prohibits a county or city from adopting an
12ordinance, motion, resolution, or amendment that sets standards
13or requirements regarding the sale or marketing of consumer
14merchandise that are different from, or in addition to, any
15requirement established by state law.
16The bill defines “consumer merchandise” as merchandise
17offered for sale or lease, or provided with a sale or lease,
18primarily but not exclusively for personal, family, or
19household purposes, and includes any container used for
20consuming, carrying, or transporting such merchandise. The
21bill defines “container” as a bag, cup, package, container,
22bottle, or other packaging that is designed to be either
23reusable or single-use, made of certain materials specified
24in the bill, and designed for consuming, transporting, or
25protecting merchandise, food, or beverages from or at a food
26service or retail facility.
27The bill provides that an ordinance, motion, resolution, or
28amendment adopted prior to the effective date of the bill that
29violates these prohibitions is void and unenforceable on and
30after the effective date of the bill.
31The bill strikes language providing that nothing in Code
32chapter 216, the Iowa civil rights Act of 1965, shall be
33construed as an intent on the part of the general assembly to
34occupy the field in which Code chapter 216 operates to the
35exclusion of local laws not inconsistent with Code chapter 216
-4-1that deal with the same subject matter. The bill also strikes
2language providing that nothing in Code chapter 216 shall be
3construed as limiting a city or local government from enacting
4any ordinance or other law which prohibits broader or different
5categories of unfair or discriminatory practices than are
6provided in Code chapter 216.
7The bill takes effect upon enactment.
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