SB441 SFAT #2 Ferns 4-7

Kleeh 7824

Senator Ferns moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Senate Bill 441--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §8-1-5b, relating to the authority of municipalities generally; modifying the municipal home rule; establishing the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program; providing that any ordinance, act, resolution, rule or regulation enacted pursuant to the Municipal Home Rule Pilot Program shall continue until repealed; clarifying the authority of the Municipal Home Rule Board; allowing all municipalities to participate in the Municipal Home Rule Program; prohibiting municipalities participating in the Municipal Home Rule Program from passing an ordinance, act, resolution, rule or regulation that is contrary to certain laws governing the professional licensing or certification of public employees; providing for petition procedures to protest enacted or amended ordinances; requiring ratification of certain ordinances by the voters in a municipal election; eliminating the automatic termination of the Municipal Home Rule Pilot Program on July 1, 2019; relating to municipal government labor regulatory limitation; establishing specific areas of regulation from which municipalities are prohibited from adopting or enforcing any ordinance, regulation, local policy, local resolution or other legal requirement; prohibiting municipalities from enacting any ordinance, regulation, local policy, local resolution or other legal requirement regulating certain matters including but not limited to information requested or excluded on an application for employment, requiring an employer to pay wages higher than any applicable state or federal law, regulating work stoppage, strike activity of employees or means by which employees organize, requiring an employer to provide paid or unpaid leave time or requiring an employer or its employees to participate in certain apprenticeship programs not required by state or federal law; permitting municipalities to enforce a written agreement voluntarily entered into and in effect prior to effective date of this new section; declaring any ordinance, regulation, local policy, local resolution or other legal requirement enacted or adopted prior to the effective date of this new section that would be prohibited under this section to be void upon the effective date of this section; providing that this new section does not apply to employees of a municipality; clarifying this new section does not prohibit a municipality from complying with the West Virginia Drug and Alcohol Free Workplace or otherwise requiring similar drug and alcohol policies and testing of a municipality’s vendor; and providing for exceptions and applicability.

Adopted

Rejected