SB71 HJUD AM #1

Casto 3264

The Committee on the Judiciary moved to amend the bill on page 1, immediately following the enacting clause by striking the remainder of the bill in its entirety and inserting in lieu thereof the following:

ARTICLE 5J. LOCAL GOVERNMENT LABOR REGULATORY LIMITATION ACT.

§21-5J-1. Short title.

This article shall be known and cited as the Local Government Labor Regulatory Limitation Act.

§21-5J-2. Prohibited areas of regulation.

A political subdivision, as defined in §29-12A-3 of this code, including but not limited to a municipality which is a participant in the Municipal Home Rule Program pursuant to §8-1-5a of this code, 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 must 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; or

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

§21-5J-3. Exceptions; applicability.

(a) Nothing in this article may be construed to prohibit a political subdivision from enforcing a written agreement voluntarily entered into and in effect prior to the effective date of this article.

(b) Any ordinance, regulation, local policy, local resolution, or other legal requirement enacted or adopted prior to the effective date of this article, including those enacted or adopted pursuant to §8-1-5a of this code, that would be prohibited under this article is void upon the effective date of this article.

(d) The prohibitions under this article do not apply to:

(1) A municipal solid waste or recycling collection program; or

(2) The employees of a political subdivision.

(e) Nothing in this article may be construed as prohibiting or limiting a political subdivision from complying with the West Virginia Alcohol and Drug-Free Workplace Act, set forth in §21-1D-1 et seq. of this code, or otherwise requiring similar drug and alcohol policies and testing of a political subdivision’s vendors.

(f) If any provision of this article jeopardizes the receipt by a political subdivision of any federal grant-in-aid funds or other federal allotment of money, the provisions of this article shall, insofar as the fund is jeopardized, be deemed to be inoperative.

Adopted

Rejected