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House File 295 - EnrolledAn Actprohibiting counties and cities from establishing
certain regulations relating to employment matters and the
sale or marketing of consumer merchandise, providing for
properly related matters, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 331.301, subsection 6, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. c. (1) A county shall not adopt an
ordinance, motion, resolution, or amendment that sets standards
or requirements regarding the sale or marketing of consumer
merchandise that are different from, or in addition to, any
requirement established by state law. For purposes of this
paragraph:
(a) “Consumer merchandise” means merchandise offered for
sale or lease, or provided with a sale or lease, primarily but
not exclusively for personal, family, or household purposes,
and includes any container used for consuming, carrying, or
-1- transporting such merchandise.
(b) “Container” means a bag, cup, package, container,
bottle, or other packaging that is all of the following:
(i) Designed to be either reusable or single-use.
(ii) Made of cloth, paper, plastic, including foamed or
expanded plastic, cardboard, corrugated material, aluminum,
glass, or postconsumer recycled or similar material or
substrates, including coated, laminated, or multilayer
substrates.
(iii) Designed for consuming, transporting, or protecting
merchandise, food, or beverages from or at a food service or
retail facility.
(2) An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
paragraph is void and unenforceable on and after the effective
date of this Act.
(3) This paragraph “c” shall not apply to county solid waste
or recycling collection or county solid waste or recycling
programs.
Sec. 2. Section 331.304, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
or otherwise administer an ordinance, motion, resolution, or
amendment providing for any terms or conditions of employment
that exceed or conflict with the requirements of federal
or state law relating to a minimum or living wage rate,
any form of employment leave, hiring practices, employment
benefits, scheduling practices, or other terms or conditions
of employment.
b. An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
subsection is void and unenforceable on and after the effective
date of this Act.
Sec. 3. Section 364.3, subsection 3, Code 2017, is amended
by adding the following new paragraph:
-2- NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
motion, resolution, or amendment that sets standards or
requirements regarding the sale or marketing of consumer
merchandise that are different from, or in addition to, any
requirement established by state law. For purposes of this
paragraph:
(a) “Consumer merchandise” means merchandise offered for
sale or lease, or provided with a sale or lease, primarily but
not exclusively for personal, family, or household purposes,
and includes any container used for consuming, carrying, or
transporting such merchandise.
(b) “Container” means a bag, cup, package, container,
bottle, or other packaging that is all of the following:
(i) Designed to be either reusable or single-use.
(ii) Made of cloth, paper, plastic, including foamed or
expanded plastic, cardboard, corrugated material, aluminum,
glass, or postconsumer recycled or similar material or
substrates, including coated, laminated, or multilayer
substrates.
(iii) Designed for consuming, transporting, or protecting
merchandise, food, or beverages from or at a food service or
retail facility.
(2) An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
paragraph is void and unenforceable on and after the effective
date of this Act.
(3) This paragraph “c” shall not apply to city solid waste
or recycling collection or city solid waste or recycling
programs.
Sec. 4. Section 364.3, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
or otherwise administer an ordinance, motion, resolution, or
amendment providing for any terms or conditions of employment
that exceed or conflict with the requirements of federal
-3-or state law relating to a minimum or living wage rate,
any form of employment leave, hiring practices, employment
benefits, scheduling practices, or other terms or conditions
of employment.
b. An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
subsection is void and unenforceable on and after the effective
date of this Act.
Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 295, Eighty-seventh General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-4-je/rj/md
certain regulations relating to employment matters and the
sale or marketing of consumer merchandise, providing for
properly related matters, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 331.301, subsection 6, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. c. (1) A county shall not adopt an
ordinance, motion, resolution, or amendment that sets standards
or requirements regarding the sale or marketing of consumer
merchandise that are different from, or in addition to, any
requirement established by state law. For purposes of this
paragraph:
(a) “Consumer merchandise” means merchandise offered for
sale or lease, or provided with a sale or lease, primarily but
not exclusively for personal, family, or household purposes,
and includes any container used for consuming, carrying, or
-1- transporting such merchandise.
(b) “Container” means a bag, cup, package, container,
bottle, or other packaging that is all of the following:
(i) Designed to be either reusable or single-use.
(ii) Made of cloth, paper, plastic, including foamed or
expanded plastic, cardboard, corrugated material, aluminum,
glass, or postconsumer recycled or similar material or
substrates, including coated, laminated, or multilayer
substrates.
(iii) Designed for consuming, transporting, or protecting
merchandise, food, or beverages from or at a food service or
retail facility.
(2) An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
paragraph is void and unenforceable on and after the effective
date of this Act.
(3) This paragraph “c” shall not apply to county solid waste
or recycling collection or county solid waste or recycling
programs.
Sec. 2. Section 331.304, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 12. a. A county shall not adopt, enforce,
or otherwise administer an ordinance, motion, resolution, or
amendment providing for any terms or conditions of employment
that exceed or conflict with the requirements of federal
or state law relating to a minimum or living wage rate,
any form of employment leave, hiring practices, employment
benefits, scheduling practices, or other terms or conditions
of employment.
b. An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
subsection is void and unenforceable on and after the effective
date of this Act.
Sec. 3. Section 364.3, subsection 3, Code 2017, is amended
by adding the following new paragraph:
-2- NEW PARAGRAPH. c. (1) A city shall not adopt an ordinance,
motion, resolution, or amendment that sets standards or
requirements regarding the sale or marketing of consumer
merchandise that are different from, or in addition to, any
requirement established by state law. For purposes of this
paragraph:
(a) “Consumer merchandise” means merchandise offered for
sale or lease, or provided with a sale or lease, primarily but
not exclusively for personal, family, or household purposes,
and includes any container used for consuming, carrying, or
transporting such merchandise.
(b) “Container” means a bag, cup, package, container,
bottle, or other packaging that is all of the following:
(i) Designed to be either reusable or single-use.
(ii) Made of cloth, paper, plastic, including foamed or
expanded plastic, cardboard, corrugated material, aluminum,
glass, or postconsumer recycled or similar material or
substrates, including coated, laminated, or multilayer
substrates.
(iii) Designed for consuming, transporting, or protecting
merchandise, food, or beverages from or at a food service or
retail facility.
(2) An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
paragraph is void and unenforceable on and after the effective
date of this Act.
(3) This paragraph “c” shall not apply to city solid waste
or recycling collection or city solid waste or recycling
programs.
Sec. 4. Section 364.3, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 12. a. A city shall not adopt, enforce,
or otherwise administer an ordinance, motion, resolution, or
amendment providing for any terms or conditions of employment
that exceed or conflict with the requirements of federal
-3-or state law relating to a minimum or living wage rate,
any form of employment leave, hiring practices, employment
benefits, scheduling practices, or other terms or conditions
of employment.
b. An ordinance, motion, resolution, or amendment adopted
prior to the effective date of this Act that violates this
subsection is void and unenforceable on and after the effective
date of this Act.
Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 295, Eighty-seventh General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-4-je/rj/md