SB 303 — Creating Local Government Labor and Consumer Marketing Regulatory Limitation Act

SB303 SFASFAT Weld 3-113-16 #1 Dean  78247897   Senator Weld moved to amend the bill by striking out everythingthe aftertitle theand enactingsubstituting clausetherefor anda insertingnew intitle, lieuto thereofread theas following:follows:

CHAPTEREng. 8B.

LOCALSenate GOVERNMENTBill LABOR303—A REGULATORYBill LIMITATIONto ACT.amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §8B-1-1, §8B-1-2, §8B-1-3, §8B-1-4, §8B-1-5, and §8B-1-6, all relating to creating the Local Government Labor Regulatory Limitation Act;

ARTICLEprohibiting 1.political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements;

LIMITATIONSproviding ONa LABORshort REGULATIONS.title;

§8B-1-1.setting forth legislative findings and declarations;

Shortdefining title.terms;

Thisproviding chapterareas in which political subdivisions may benot knownadopt andor citedenforce asany theordinance, Localregulation, Governmentlocal Laborpolicy, Regulatorylocal Limitationresolution, Act.or other legal requirement;

§8B-1-2.establishing a civil cause of action which, if proven in a court of competent jurisdiction, may permit a person to obtain injunctive relief or any other appropriate equitable relief against any political subdivision violating the Local Government Labor Regulatory Limitation Act;

Legislativeproviding findingsexceptions; and declarations.

(a)clarifying Legislativeeffect findings.on prior written agreements;

—providing (1)that Anany increasingprohibited numberordinance, ofregulation, politicallocal subdivisionspolicy, acrosslocal theresolution, Unitedor Statesother havelegal attemptedrequirement toin enacteffect laborprior andto employmentthe laweffective mandatesdate onof businessesthe operatingact withinis theirvoid; borders.

(2)providing Mandatesthat above the stateprohibitions anddo federalnot minimumsapply for wages, scheduling and overtime, required paid leave, and efforts to reinstateemployees the prevailing wage requirements previously repealed by the Legislature to regulate labor-management relations at the local level are examples of actionsa that, if taken by political subdivisions,subdivision; would interfere with the uniformity of wage and hour laws across the state.

(3)and Suchproviding localthat mandatesthe orprohibitions restrictions,do ifnot allowedprohibit toa happenpolitical insubdivision from complying with the West Virginia,Virginia wouldAlcohol createand anDrug-Free unworkableWorkplace patchworkAct or otherwise require similar drug and alcohol policies and testing of regulationsa throughoutpolitical thesubdivision’s state.vendors.

(4)  Regulation  of  employmentAdopted lawRejected in this manner would place a burden on employers and retailers alike of having to comply with regulatory schemes on a city-by-city or county-by-county basis.

(b) Legislative intent.

— It is the intent of the Legislature that the provisions of this article be construed as a limitation on the use of local ordinances, regulations, or other policies by political subdivisions to regulate labor and employment law in a manner contrary to existing state law or public policy.

§8B-1-3.

Definitions.

For the purposes of this article, “political subdivision” means any county commission, municipality, and county board of education;

any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law;

any instrumentality supported in most part by municipalities;

any public body charged by law with the performance of a government function and whose jurisdiction is coextensive with one or more counties, cities, or towns;

a combined city-county health department created pursuant to §16-2-1 et seq.

of this code;

public service districts;

and other instrumentalities including, but not limited to, volunteer fire departments and emergency services organizations as recognized by an appropriate public body and authorized by law to perform a government function:

Provided, That hospitals of a political subdivision and their employees are expressly excluded from the provisions of this article.

§8B-1-4.

Prohibited areas of regulation.

(a) A political subdivision may not adopt, enforce, or administer an ordinance, regulation, local policy, local resolution, or other legal requirement regarding any of the following specific areas:

(1) Regulating information an employer or potential employer may request, require, or exclude on an application for employment from an employee or a potential employee:

Provided, That this section does not prohibit an ordinance, local policy, or local resolution requiring a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body;

(2) Requiring an employer to pay to an employee a wage higher than any applicable state or federal law;

(3) Requiring an employer to pay to an employee a wage or fringe benefit based on wage and fringe benefit rates prevailing in the locality;

(4) Regulating work stoppage or strike activity of employers and their employees or the means by which employees may organize;

(5) Requiring an employer to provide to an employee paid or unpaid leave time;

(6) Requiring an employer or its employees to participate in any educational apprenticeship or apprenticeship training program that is not required by state or federal law;

(7) Regulating hours and scheduling that an employer is required to provide to employees;

and (8) Regulating standards of care, conduct, or licensing fees for any profession regulated, licensed, or certified by the State of West Virginia.