Week of Feb 18 – Bill that fixes Mall Real Estate case; other stuff

Recall that the Iowa Supreme Court issued its decision last July in the Mall Real Estate v. City of Hamburg case that essentially preempted local stand-alone ordinances (not tied to zoning) regulating live nude dancing.  Now the Iowa House of Representatives has introduced a fix for the problems created by that case.  HSB121 clarifies the definition of “material” to specifically exclude live nude dancing (and other things which I am too modest to present here) for purposes of what state law preempts local governments from regulating.  It also clarifies that local governments can enact stand-alone ordinances that will not be preempted by state law.

Also during the week of February 18:

HF268 was introduced as the successor to HF11 (eliminating Smart Planning).

HF307 would move Homeland Security and Emergency Management from the Department of Public Defense into its own department.

HF240 would require the Economic Development Authority to conduct a wireless communications mapping survey to determine areas with weak or nonexistent coverage, and to make recommendations on how to improve and expand coverage.

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