SB7 HJUD AM 4-5

The Committee on Judiciary moves to amend the engrossed bill on page one, after the enacting clause by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 4.  political activity BY PUBLIC EMPLOYEES AND PUBLIC OFFICIALS. 

§6B-4-1. Definitions; exceptions.

(a) For purposes of this article, “political activity” means expressly advocating for others to vote for or against a candidate or to support or oppose a political committee or political party. 

(b) This article shall not apply to:

(1) Members of the Legislature;

(2) Publicly elected members of the Board of Public Works;

(3)  Uncompensated public officials; and

(4) Uncompensated public servant volunteers.

§6B-4-2. Limitation on political activity by public employees and public officials.

In addition to any other restrictions on political activity imposed by this code or by federal law, a public employee or a public official may not engage in political activity:

(1) While on duty; or

(2) While using any vehicle owned or leased by the State of West Virginia or any agency or political subdivision thereof.

§6B-4-3. Violations and penalties.

Upon a final decision by the commission that a public employee or  public official violated any provision of §6B-4-2 of this code, that person shall be subject to potential sanctions, recommendation of termination from employment or removal from office, or both as provided in §6B-2-4 of this code.