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House File 295 - ReprintedA Bill ForAn Act 1prohibiting 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 331.301, subsection 6, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. (1) A county shall not adopt an
4ordinance, motion, resolution, or amendment that sets standards
5or requirements regarding the sale or marketing of consumer
6merchandise that are different from, or in addition to, any
7requirement established by state law. For purposes of this
8paragraph:
9(a) “Consumer merchandise” means merchandise offered for
10sale or lease, or provided with a sale or lease, primarily but
11not exclusively for personal, family, or household purposes,
12and includes any container used for consuming, carrying, or
13transporting such merchandise.
14(b) “Container” means a bag, cup, package, container,
15bottle, or other packaging that is all of the following:
16(i) Designed to be either reusable or single-use.
17(ii) Made of cloth, paper, plastic, including foamed or
18expanded plastic, cardboard, corrugated material, aluminum,
19glass, or postconsumer recycled or similar material or
20substrates, including coated, laminated, or multilayer
21substrates.
22(iii) Designed for consuming, transporting, or protecting
23merchandise, food, or beverages from or at a food service or
24retail facility.
25(2) An ordinance, motion, resolution, or amendment adopted
26prior to the effective date of this Act that violates this
27paragraph is void and unenforceable on and after the effective
28date of this Act.
29(3) This paragraph “c” shall not apply to county solid waste
30or recycling collection or county solid waste or recycling
31programs.
32 Sec. 2. Section 331.304, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
35or otherwise administer an ordinance, motion, resolution, or
-1-1amendment providing for any terms or conditions of employment
2that exceed or conflict with the requirements of federal
3or state law relating to a minimum or living wage rate,
4any form of employment leave, hiring practices, employment
5benefits, scheduling practices, or other terms or conditions
6of employment.
7b. An ordinance, motion, resolution, or amendment adopted
8prior to the effective date of this Act that violates this
9subsection is void and unenforceable on and after the effective
10date of this Act.
11 Sec. 3. Section 364.3, subsection 3, Code 2017, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
14motion, resolution, or amendment that sets standards or
15requirements regarding the sale or marketing of consumer
16merchandise that are different from, or in addition to, any
17requirement established by state law. For purposes of this
18paragraph:
19(a) “Consumer merchandise” means merchandise offered for
20sale or lease, or provided with a sale or lease, primarily but
21not exclusively for personal, family, or household purposes,
22and includes any container used for consuming, carrying, or
23transporting such merchandise.
24(b) “Container” means a bag, cup, package, container,
25bottle, or other packaging that is all of the following:
26(i) Designed to be either reusable or single-use.
27(ii) Made of cloth, paper, plastic, including foamed or
28expanded plastic, cardboard, corrugated material, aluminum,
29glass, or postconsumer recycled or similar material or
30substrates, including coated, laminated, or multilayer
31substrates.
32(iii) Designed for consuming, transporting, or protecting
33merchandise, food, or beverages from or at a food service or
34retail facility.
35(2) An ordinance, motion, resolution, or amendment adopted
-2-1prior to the effective date of this Act that violates this
2paragraph is void and unenforceable on and after the effective
3date of this Act.
4(3) This paragraph “c” shall not apply to city solid waste
5or recycling collection or city solid waste or recycling
6programs.
7 Sec. 4. Section 364.3, Code 2017, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
10or otherwise administer an ordinance, motion, resolution, or
11amendment providing for any terms or conditions of employment
12that exceed or conflict with the requirements of federal
13or state law relating to a minimum or living wage rate,
14any form of employment leave, hiring practices, employment
15benefits, scheduling practices, or other terms or conditions
16of employment.
17b. An ordinance, motion, resolution, or amendment adopted
18prior to the effective date of this Act that violates this
19subsection is void and unenforceable on and after the effective
20date of this Act.
21 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
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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 331.301, subsection 6, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. (1) A county shall not adopt an
4ordinance, motion, resolution, or amendment that sets standards
5or requirements regarding the sale or marketing of consumer
6merchandise that are different from, or in addition to, any
7requirement established by state law. For purposes of this
8paragraph:
9(a) “Consumer merchandise” means merchandise offered for
10sale or lease, or provided with a sale or lease, primarily but
11not exclusively for personal, family, or household purposes,
12and includes any container used for consuming, carrying, or
13transporting such merchandise.
14(b) “Container” means a bag, cup, package, container,
15bottle, or other packaging that is all of the following:
16(i) Designed to be either reusable or single-use.
17(ii) Made of cloth, paper, plastic, including foamed or
18expanded plastic, cardboard, corrugated material, aluminum,
19glass, or postconsumer recycled or similar material or
20substrates, including coated, laminated, or multilayer
21substrates.
22(iii) Designed for consuming, transporting, or protecting
23merchandise, food, or beverages from or at a food service or
24retail facility.
25(2) An ordinance, motion, resolution, or amendment adopted
26prior to the effective date of this Act that violates this
27paragraph is void and unenforceable on and after the effective
28date of this Act.
29(3) This paragraph “c” shall not apply to county solid waste
30or recycling collection or county solid waste or recycling
31programs.
32 Sec. 2. Section 331.304, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
35or otherwise administer an ordinance, motion, resolution, or
-1-1amendment providing for any terms or conditions of employment
2that exceed or conflict with the requirements of federal
3or state law relating to a minimum or living wage rate,
4any form of employment leave, hiring practices, employment
5benefits, scheduling practices, or other terms or conditions
6of employment.
7b. An ordinance, motion, resolution, or amendment adopted
8prior to the effective date of this Act that violates this
9subsection is void and unenforceable on and after the effective
10date of this Act.
11 Sec. 3. Section 364.3, subsection 3, Code 2017, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
14motion, resolution, or amendment that sets standards or
15requirements regarding the sale or marketing of consumer
16merchandise that are different from, or in addition to, any
17requirement established by state law. For purposes of this
18paragraph:
19(a) “Consumer merchandise” means merchandise offered for
20sale or lease, or provided with a sale or lease, primarily but
21not exclusively for personal, family, or household purposes,
22and includes any container used for consuming, carrying, or
23transporting such merchandise.
24(b) “Container” means a bag, cup, package, container,
25bottle, or other packaging that is all of the following:
26(i) Designed to be either reusable or single-use.
27(ii) Made of cloth, paper, plastic, including foamed or
28expanded plastic, cardboard, corrugated material, aluminum,
29glass, or postconsumer recycled or similar material or
30substrates, including coated, laminated, or multilayer
31substrates.
32(iii) Designed for consuming, transporting, or protecting
33merchandise, food, or beverages from or at a food service or
34retail facility.
35(2) An ordinance, motion, resolution, or amendment adopted
-2-1prior to the effective date of this Act that violates this
2paragraph is void and unenforceable on and after the effective
3date of this Act.
4(3) This paragraph “c” shall not apply to city solid waste
5or recycling collection or city solid waste or recycling
6programs.
7 Sec. 4. Section 364.3, Code 2017, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
10or otherwise administer an ordinance, motion, resolution, or
11amendment providing for any terms or conditions of employment
12that exceed or conflict with the requirements of federal
13or state law relating to a minimum or living wage rate,
14any form of employment leave, hiring practices, employment
15benefits, scheduling practices, or other terms or conditions
16of employment.
17b. An ordinance, motion, resolution, or amendment adopted
18prior to the effective date of this Act that violates this
19subsection is void and unenforceable on and after the effective
20date of this Act.
21 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
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