H. B. 2215


(By Delegates Brown, Manuel, Collins and Phillips)
[Introduced February 22, 1993; referred to the
Committee on Political Subdivisions then the Judiciary.]




A BILL to amend and reenact section twenty-four, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing members of fire departments to participate in political activities and setting forth exceptions thereto.

Be it enacted by the Legislature of West Virginia:
That section twenty-four, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-24. Political activities of members prohibited; exceptions.

(1) No member of any paid fire department shall engage in any political activity of any kind, character or nature whatsoever, except to cast his vote at any election, or shall act as an election official in any election, municipal, county orstate. Any member of any paid fire department violating the provisions of this section shall have his appointment vacated and he shall be removed in accordance with the pertinent provisions of this article.
(a) No member of any paid fire department may:
(1) Solicit or receive any assessment, subscription or contribution, or perform any service for any political party, committee or candidate for compensation, other than for expenses actually incurred;
(2) Use any official authority or influence for the purpose of interfering with or affecting the nomination, election or defeat of any candidate or the passage or defeat of any ballot issue;
(3) Coerce or command anyone to pay, lend or contribute anything of value to a party, committee, organization, agency or person for the nomination, election or defeat of a ballot issue;
(4) Be a candidate for or hold any other public office;
(5) Be a candidate or delegate to any state or national political party convention or a member of any national, state or local committee of a political party, or serve as a financial agent or treasurer within the meaning of sections three, four or five-e, article eight, chapter three of this code.
(b) Other types of partisan or nonpartisan political activities not inconsistent with the provisions of subsection (a) of this section are permissible political activities for members of paid fire departments.
(c) Any member of a paid fire department who violates the provisions of this section shall have his appointment vacated and shall be removed, in accordance with the provisions of section twenty-five of this article.
(d) No person may be appointed or promoted to or demoted or dismissed from any position in a paid fire department or in any way favored or discriminated against because of his or her engagement in any political activities authorized by the provisions of this section.



NOTE: The purpose of this bill is to authorize members of fire departments to participate in certain political activities while exempting certain other political activity.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.