HB-4052, As Passed Senate, June 11, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4052

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to limit the powers of local governmental bodies

 

regarding the regulation of terms and conditions of employment

 

within local government boundaries for employees of nonpublic

 

employers.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "local

 

government labor regulatory limitation act".

 

     Sec. 2. The legislature finds and declares that regulation of

 

the employment relationship between a nonpublic employer and its

 

employees is a matter of state concern and is outside the express

 

or implied authority of local governmental bodies to regulate,

 

absent express delegation of that authority to the local

 

governmental body.

 

     Sec. 3. As used in this act:

 

     (a) "Educational institution" means any of the following:

 

     (i) A school district, an intermediate school district, or a

 

public school academy as those terms are defined in sections 4 to 6

 

of the revised school code, 1976 PA 451, MCL 380.4 to 380.6.

 

     (ii) A community college established under the community

 

college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under

 

part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to

 

1607.

 

     (b) "Employee" means a person employed in this state by an

 

employer.

 

     (c) "Employer" means a person or entity engaging in or

 

intending to engage in a commercial activity, enterprise, or

 

business in this state, but excludes a local governmental body or

 

an educational institution.

 

     (d) "Local governmental body" means any local government or

 

its subdivision, including, but not limited to, a city, village,

 

township, county, or educational institution; a local public

 

authority, agency, board, commission, or other local governmental,

 

quasi-governmental, or quasi-public body; or a public body that

 

acts or purports to act in a commercial, business, economic

 

development, or similar capacity for a local government or its

 

subdivision.

 

     (e) "Local policy" does not include the terms of an agreement

 

voluntarily offered to a local governmental body by an owner,

 

purchaser, or developer of property.

 

House Bill No. 4052 as amended June 11, 2015

 

     Sec. 4. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

regulating the employment relationship between an employer and its

 

employees or potential employees if the regulation contains

 

requirements exceeding those imposed by state or federal law. <<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.>>

 

     Sec. 5. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

regulating information an employer or potential employer must

 

request, require, or exclude on an application for employment from

 

an employee or a potential employee.

 

     Sec. 6. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

requiring an employer to pay to an employee a wage higher than the

 

state minimum hourly wage rate determined under section 4 of the

 

workforce opportunity wage act, 2014 PA 138, MCL 408.414, or, if

 

applicable to the employer, the minimum wage provisions of the fair

 

labor standards act of 1938, 29 USC 201 to 219, unless those

 

federal minimum wage provisions would result in a lower minimum

 

hourly wage than provided under state law.

 

     Sec. 7. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

requiring an employer to pay to an employee a wage or fringe

 

benefit based on wage and fringe benefit rates prevailing in the

 

locality. This section does not apply to state projects subject to

 

1965 PA 166, MCL 408.551 to 408.558.

 

     Sec. 8. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

regulating work stoppage or strike activity of employers and their

 

employees or the means by which employees may organize.

 

     Sec. 9. A local governmental body shall not adopt, enforce, or

 

administer an ordinance, local policy, or local resolution

 

requiring an employer to provide to an employee paid or unpaid

 

leave time.

 

     Sec. 10. A local governmental body shall not adopt, enforce,

 

or administer an ordinance, local policy, or local resolution

 

regulating hours and scheduling that an employer is required to

 

provide to employees. This section does not prohibit an ordinance,

 

local policy, or local resolution that limits the hours a business

 

may operate.

 

     Sec. 11. A local governmental body shall not adopt, enforce,

 

or administer an ordinance, local policy, or local resolution

 

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.

 

     Sec. 12. A local governmental body shall not adopt, enforce,

 

or administer an ordinance, local policy, or local resolution

 

requiring an employer to provide to an employee any specific fringe

 

benefit or any other benefit for which the employer would incur an

 

expense, including, but not limited to, those enumerated in

 

sections 7 to 11.

 

     Sec. 13. A local governmental body shall not adopt, enforce,

 

or administer an ordinance, local policy, or local resolution

 

regulating or creating administrative or judicial remedies for

 

wage, hour, or benefit disputes, including, but not limited to, any

 

benefits described in sections 7 to 12.

 

     Sec. 14. If any parts of this act are found to be in conflict

 

with the state constitution of 1963, the United States

 

constitution, or federal law, this act shall be implemented to the

 

maximum extent that the state constitution of 1963, the United

 

States constitution, or federal law permit. Any provision held

 

invalid or inoperative is severable from the remaining portions of

 

this act.

 

     Sec. 15. This act does not prohibit a local governmental body

 

from adopting or enforcing an ordinance, policy, or resolution

 

prohibiting employment discrimination.

 

     Sec. 16. Subject to sections 6 to 12, this act does not

 

prohibit a local governmental body from adopting, enforcing, or

 

administering an ordinance, local policy, or local resolution that

 

provides for the terms and conditions of an agreement between an

 

employer and the local governmental body in connection with the

 

provision of services directly to the local governmental body or in

 

connection with the receipt of a grant, tax abatement, or tax

 

credit from the local governmental body.

 

     Sec. 17. This act does not prohibit a local governmental body

 

from enforcing a written agreement entered into and in effect prior

 

to October 1, 2015.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.