ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 372
(By Senators Unger, Prezioso, Jenkins, Smith and Plymale)
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[Originating in the Committee on the Judiciary;
reported February 26, 2003.]
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A BILL to amend and reenact section thirteen, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing members
of the state police to engage in certain political activities
while out of uniform and off duty.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-13. Limitations upon members; exceptions.
(a) No member of the department of public safety West Virginia state police may in any way interfere with the rights or property
of any person except for the prevention of crime.
(b) No member of the department of public safety West Virginia
state police may in any way become active or take part in any
political contest or at any time participate in any political party
caucus, committee, primary, assembly or convention or in any
general or special election while in uniform, except to cast his or
her ballot.
(c) No member of the department of public safety West Virginia
state police may be detailed or ordered to duty at or near any
voting precinct where any election or convention is held on the day
of such an election or convention; nor shall may any member thereof
remain in, about or near such the voting precinct or place of
convention, except to cast his or her vote. After voting he or she
shall forthwith retire from such the voting precinct. No member of
the department may act as an election official. If any member of
the department of public safety West Virginia state police is found
guilty of violating any of the provisions of this section he or she
shall be dismissed from the department by the superintendent as
hereinafter provided.
(d) While out of uniform and off duty, no member of the West
Virginia state police may participate in any political activity,
except:
(1) Campaign for and hold office in political clubs and
organizations;
(2) Actively campaign for candidates for public office in partisan and nonpartisan elections; and
(3) Contribute money to political organizations and attend
political fund-raising functions.
(e) No member of the West Virginia state police may at any
time:
(1) Be candidates for public office in a nonpartisan or
partisan election;
(2) Use official authority or influence to interfere with or
affect the results of an election or nomination; or
(3) Directly or indirectly coerce contributions from
subordinates in support of a political party or candidate.
(f) No officer or member of the department of public safety
West Virginia state police may, in any labor trouble or dispute
between employer and employee, aid or assist either party thereto,
but shall in such these cases see that the statutes and laws of
this state are enforced in a legal way and manner.