H. B. 4316


(By Delegates Douglas, Hubbard, Fleischauer,
C. White, Modesitt, Staton and Boggs)

[Introduced January 31, 2000; referred to the
Committee on the Judiciary.]



A BILL to repeal section fifteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eleven, article ten-a, chapter eighteen of said code; and to amend and reenact section twenty, article six, chapter twenty-nine of said code, all relating to deleting the prohibition that officers or employees engaged in the administration of the vocational rehabilitation program can not take an active part in the management of political campaigns or participate in any political activity; repealing section of code prohibiting political activity of correctional officers; and, deleting the prohibition against classified service employees being candidates for public office.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section eleven, article ten-a, chapter eighteen of said code be amended and reenacted; and that section twenty, article six, chapter twenty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 10A. REHABILITATION SERVICES.

§18-10A-11. Political activity.

No officer or employee engaged in the administration of the vocational rehabilitation program shall use his or her official authority or influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the result thereof or for any partisan political purpose. No such officer or employee shall take an active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinions as a citizen on all subjects. No such officer or employee shall may solicit or receive, nor shall any such officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose. Any officer or employee violating this provision shall be discharged.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 6. CIVIL SERVICE COMMISSION.
§29-6-20. Favoritism or discrimination because of political or religious opinions, affiliations or race.

(a) No person shall may be appointed or promoted to or demoted or dismissed from any position in the classified service or in any way favored or discriminated against with respect to such employment because of his or her political or religious opinions or affiliations or race; but nothing herein shall be is construed as precluding the dismissal of any employee who may be engaged in subversive activities or found disloyal to the nation.
(b) No person shall may seek or attempt to use any political endorsement in connection with any appointment in the classified service.
(c) No person shall may use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration.
(d) No employee in the classified service or member of the board or the director shall may, directly or indirectly, 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, or in any manner take part in soliciting any such assessment, subscription, contribution or service of any employee in the classified service.
(e) Notwithstanding any other provision of this code, no employee in the classified service shall may:
(1) Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or
(2) Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes. or
(3) Be a candidate for any national or state paid public office or court of record; or hold any paid public office; or be a candidate or delegate to any state or national political party convention, a member of any national, state or local committee of a political party, or a financial agent or treasurer within the meaning of the provisions of section three, four or five-e, article eight, chapter three of this code.
Other types of partisan or nonpartisan political campaigning and management not inconsistent with the provisions of this subdivision and with the provisions of subsection (d) of this section shall be are permitted.
(f) Political participation pertaining to constitutional amendments, referendums, approval of municipal ordinances or activities shall not be is not deemed to be prohibited by the foregoing provisions of this section.
(g) Any classified employee who becomes a candidate for any paid public office as permitted by this section shall be placed on a leave of absence without pay for the period of such candidacy, commencing upon the filing of the certificate of candidacy.



NOTE: The purpose of this bill is to delete the prohibition that vocational rehabilitation program officers or employees can not take an active part in the management of political campaigns or participate in any political activity. It further repeals a section of code prohibiting political activity of correctional officers. Finally, it deletes the prohibition against classified service employees being candidates for public office.

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