West Virginia 2021 Regular Session Status: Passed Senate 2 R cosponsors

SB 7 — Limiting political activity by public employees

Last action — On 3rd reading, House Calendar

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

13 added · 62 removed

Plain-language change summary

The amendment to Bill SB 7 changes its title and introduces new provisions governing political activities by public employees and officials in West Virginia. The new sections outline the purpose of the law, define key terms, specify exceptions, and set rules and penalties regarding political involvement during certain circumstances. This matters because it aims to clarify the limits on political activity for those in public service, promoting a more neutral work environment while still allowing for some political engagement under defined conditions.

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SB7 SFA #1 ROMANO AND TRUMP 2-24 Schindzielorz 7892   Senators Romano and Trump moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
SB7 SFAT #1 TRUMP 2-24 Schindzielorz 7892   Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
ARTICLE 4.  political activity BY PUBLIC EMPLOYEES AND PUBLIC OFFICIALS.  §6B-4-1.
Eng.
Legislative purposes and findings.
Senate Bill No.
(a) The purpose of this bill is to encourage professionalism by public employees and public officials, and to protect them from political coercion in the workplace while carrying out their work that is publicly funded by state taxpayers.
7 -- A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6B-4-1, §6B-4-2, §6B-4-3, and §6B-4-4, all relating to a limitation on political activity by public employees and public officials;
(b) The Legislature hereby finds that:
setting forth legislative purpose and findings;
(1) Public employees and public officials have and retain the right to vote as they choose and to express their opinions on political subjects and candidates.
defining terms;
These are fundamental rights which the Legislature expressly recognizes and honors, and with which the provisions of this article should not be construed to interfere.
providing exceptions;
(2) Political activity by public employees and public officials must be limited for public institutions, including schools and institutions of higher education, for them to function fairly and effectively.
requiring certain excepted persons to announce political activity;
(3) Public employees should be protected from being utilized for partisan political purposes in the discharge of their duties.
prohibiting political activity by public employees and public officials in certain limited circumstances;
§6B-4-2.
and establishing violations and penalties.
Definitions;
        Adopted Rejected
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) Judicial officers;
(2) Employees of the judicial branch;
(3) Members of the Legislature;
(4) Publicly elected members of the Board of Public Works;
Provided, That a publicly elected member of the Board of Public Works who is engaging in political activity shall announce that he or she is engaging in political activity and not official activity;
(5) Uncompensated public officials;
and (6) Uncompensated public servant volunteers.
§6B-4-3.
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-4-4.
Violations and penalties.
Upon a final decision by the commission that a public employee or a public official has violated any provision of §6B-4-3 of this code 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.
      Adopted Rejected
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Action History

  1. On 3rd reading, House Calendar

  2. Placed on House Calendar

  3. On 3rd reading, Special Calendar

  4. Committee amendment adopted (Voice vote)

  5. Read 2nd time

  6. On 2nd reading, Special Calendar

  7. Read 1st time

  8. On 1st reading, Special Calendar

  9. With amendment, do pass

  10. To House Judiciary

  11. To Judiciary

  12. Introduced in House

  13. Ordered to House

  14. Passed Senate with amended title (Roll No. 37)

  15. Read 3rd time

  16. On 3rd reading

  17. Romano/Trump Floor amendment adopted (Voice vote)

  18. Floor amendment withdrawn by unanimous consent

  19. Laid over on 2nd reading 2/23/21, amend pending

  20. Floor amendment reported

  21. Read 2nd time

  22. On 2nd reading

  23. Read 1st time

  24. On 1st reading

  25. Committee substitute reported

  26. To Judiciary

  27. Introduced in Senate

  28. To Judiciary

  29. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on

Sponsors (1)

  • Trump

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

civil-rights elections
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Frequently asked questions

Who sponsors SB 7?
SB 7 is sponsored by Trump, Phillips, Tom Takubo (Republican), Jack Woodrum (Republican), and Swope.
What is the current status of SB 7?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 7?
Track SB 7 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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