Bill Summary – FastDemocracy

67th Legislature                                                                                                      SB 301.1
                                                  SENATE BILL NO. 301
         INTRODUCED BY T. MANZELLA, J. ELLSWORTH, C. FRIEDEL, C. GLIMM, C. SMITH, G. VANCE
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING POLITICAL SUBDIVISIONS FROM REQUIRING
   EMPLOYERS TO PROVIDE WAGES AND BENEFITS THAT ARE INCONSISTENT WITH STATE AND
   FEDERAL LAW; AMENDING SECTION 7-1-111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
   DATE.”
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              WHEREAS, the Legislature finds that any mandate requiring an employer to provide a particular wage
   or employment benefit to an employee or class of employees in this state is a matter of statewide concern; and
              WHEREAS, the enactment of any mandate by a political subdivision in this state requiring an employer
   to provide an employee or class of employees with a particular wage or employment benefit that is not required
   by state or federal law or the administration by a political subdivision of a state or federal mandated wage or
   employment benefit in a manner different than state and federal law would defeat statewide uniformity.
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.       Short title. [Sections 1 through 3] may be cited as the "Political
   Subdivision Employer Mandate Prohibition Act".
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              NEW SECTION. Section 2.       Definitions. As used in [sections 2 and 3], the following definitions apply:
              (1)   "Employee" means a person in this state who is in the service of an employer or engaged in
   employment as defined in 39-2-101, or under any appointment or contract of hire, written or oral, express or
   implied.
              (2)   "Employer" means a person or entity in this state that has one or more employees.
              (3)   "Employment benefit" means anything of value or any type of compensation, other than wages,
   provided by an employer to an employee without regard to whether the employer places a monetary value on
   the benefit or whether the benefit is subject to taxation.
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67th Legislature                                                                                                       SB 301.1
              (4)   "Political subdivision" means a local government unit, including but not limited to a county, city, or
   town established under authority of Article XI, section 1 or 6, of the Montana constitution.
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              NEW SECTION. Section 3.         Prohibitions -- application. (1) A political subdivision may not enact,
   administer, or otherwise require an employer to provide an employee or class of employees with a wage or
   employment benefit that is not required by state or federal law.
              (2)   [Sections 2 and 3] do not apply to a political subdivision affecting a wage or employment benefit
   for an employee or class of employees of that political subdivision.
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              Section 4. Section 7-1-111, MCA, is amended to read:
              "7-1-111. (Subsection (21) effective October 1, 2021) Powers denied. A local government unit with
   self-government powers is prohibited from exercising the following:
              (1)   any power that applies to or affects any private or civil relationship, except as an incident to the
   exercise of an independent self-government power;
              (2)   any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to
   those provisions, it may exercise any power of a public employer with regard to its employees;
              (3)   any power that applies to or affects the public school system, except that a local unit may impose
   an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall
   exercise any power that it is required by law to exercise regarding the public school system;
              (4)   any power that prohibits the grant or denial of a certificate of compliance or a certificate of public
   convenience and necessity pursuant to Title 69, chapter 12;
              (5)   any power that establishes a rate or price otherwise determined by a state agency;
              (6)   any power that applies to or affects any determination of the department of environmental quality
   with regard to any mining plan, permit, or contract;
              (7)   any power that applies to or affects any determination by the department of environmental quality
   with regard to a certificate of compliance;
              (8)   any power that defines as an offense conduct made criminal by state statute, that defines an
   offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6
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67th Legislature                                                                                                   SB 301.1
   months' imprisonment, or both, except as specifically authorized by statute;
              (9)   any power that applies to or affects the right to keep or bear arms;
              (10) any power that applies to or affects a public employee's pension or retirement rights as
   established by state law, except that a local government may establish additional pension or retirement
   systems;
              (11) any power that applies to or affects the standards of professional or occupational competence
   established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;
              (12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or affects Title
   75, chapter 7, part 1, or Title 87;
              (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is
   intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title
   70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require
   landlords to comply with ordinances or provisions that are applicable to all other businesses or residences
   within the local government's jurisdiction.
              (14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;
              (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage,
   distribution, use, or application of commercial fertilizers or soil amendments, except that a local government
   may enter into a cooperative agreement with the department of agriculture concerning the use and application
   of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local
   government from adopting or implementing zoning regulations or fire codes governing the physical location or
   siting of fertilizer manufacturing, storage, and sales facilities.
              (16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing,
   sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable
   seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from
   adopting or implementing zoning regulations or building codes governing the physical location or siting of
   agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution
   facilities.
              (17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle,
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67th Legislature                                                                                                     SB 301.1
   including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired
   official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
   communications commission of the United States;
              (18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio
   antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a
   person who holds an unrevoked and unexpired official amateur radio station license and operator's license,
   "technician" or higher class, issued by the federal communications commission of the United States;
              (19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles,
   load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a
   highway that is under the jurisdiction of an entity other than the local government unit;
              (20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in
   relation to a wildfire;
              (21) any power to prohibit completely adult-use providers, adult-use marijuana-infused products
   providers, and adult-use dispensaries from being located within the jurisdiction of the local government except
   as allowed in Title 16, chapter 12; or
              (22)   any power to require an employer, other than the local government unit itself, to provide an
   employee or class of employees with a wage or employment benefit that is not required by state or federal law."
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              NEW SECTION. Section 5.        Codification instruction. [Sections 1 through 3] are intended to be
   codified as an integral part of Title 7, chapter 1, and the provisions of Title 7, chapter 1, apply to [sections 1
   through 3].
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              NEW SECTION. Section 6.        Effective date. [This act] is effective on passage and approval.
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Statutes affected: 
SB0301_1.pdf: 7-1-111
SB0301_X.pdf: 7-1-111
Enrolled: 7-1-111
Introduced: 7-1-111