West Virginia 2023 Regular Session

West Virginia House Bill HB3083

Introduced
1/26/23  

Caption

Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements

Impact

If enacted, this bill would effectively centralize regulatory authority regarding labor and consumer marketing at the state level, thus eliminating the capacity for local governments to enforce additional regulations that are deemed stricter than those established by state law. Supporters of the bill assert that it would relieve businesses from the burdens of compliance with varying local laws, thereby stimulating economic growth and competitiveness, particularly for businesses that operate in multiple jurisdictions. However, critics contend that this limits local autonomy and undermines communities' abilities to address unique local needs, especially concerning labor rights and consumer protection.

Summary

House Bill 3083 aims to establish the Local Government Labor and Consumer Marketing Regulatory Limitation Act, which significantly limits the ability of political subdivisions, like counties and municipalities, to set their own labor and employment laws, as well as regulations on consumer marketing that deviate from state law. The bill prohibits local entities from enacting ordinances on various matters, such as wage mandates, employee leave requirements, and regulations on product packaging and marketing strategies beyond what state or federal laws prescribe. Proponents argue that this will prevent a confusing patchwork of regulations across the state, thereby fostering a more uniform business environment.

Sentiment

The sentiment surrounding HB 3083 is divided, with proponents viewing it as a necessary measure for economic consistency and simplicity, while opponents consider it an infringement on local control and democracy. Backers, mainly from the business sector and aligned political groups, emphasize the need for unified regulations to bolster economic activity, while detractors, including various advocacy organizations, herald concerns over the potential loss of localized protections and community engagement in governance.

Contention

Significant contention arises from perceived overreach by the state, as critics argue that the bill disregards local governments' understanding of their community's specific needs. Concerns have been raised over particular provisions that inhibit local responses to pressing issues, such as living wages and environmental impacts from marketing practices. The bill's supporters point to a trend among other states to enshrine similar preemption measures, framing it as a solution to regulatory confusion, while opponents raise alarms about the implications for employee rights and consumer protections in diverse market environments.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2907

Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements

WV HB4636

Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements

WV SB71

Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, or other legal requirements

WV SB590

Political Subdivision Labor Regulatory Limitation Act

WV SB159

Repeals restrictions which prohibit local governmental subdivisions from enacting local labor ordinances which establish a minimum wage. (8/1/18)

WV SB347

Repeals restrictions which bar local governmental subdivisions from enacting local labor ordinances which establish a minimum wage and a minimum number of vacation and sick leave days. (8/1/16)

WV HB1556

Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

WV SB1155

Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

WV SB92

Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

WV HB4097

Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

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