West Virginia SB 364: Limiting use of wages by employers and organizations for political activities

Bill Text

SB 364 Text

• 

• 

• 

• 

skip navigation

SENATE

PRESIDENT
SENATORS
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
SENATE CLERK
SENATE RULES

HOUSE

SPEAKER
DELEGATES
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
HOUSE CLERK
HOUSE RULES
HOUSE STAFF

JOINT

INTERIM COMMITTEES
LEGISLATIVE ADMINISTRATOR
LEGISLATIVE SERVICES DIVISION
PUBLIC INFORMATION
LEGISLATIVE AUTOMATED SYSTEMS DIVISION
LEGISLATIVE AUDITOR'S OFFICE
PERFORMANCE EVALUATION & RESEARCH DIVISION
POST AUDIT DIVISION
BUDGET DIVISION
REGULATORY AND FISCAL AFFAIRS DIVISION
CLAIMS COMMISSION
CRIME VICTIMS
RULE-MAKING REVIEW
SPECIAL INVESTIGATIONS
JUDICIAL COMP. COMMISSION
JOINT RULES
STAFF INFO

BILL STATUS

BILL STATUS
BILL TRACKING

STATE LAW

WEST VIRGINIA CODE
ACTS OF THE LEGISLATURE
CODE OF 1931
WV CONSTITUTION
US CONSTITUTION

REPORTS

AGENCY REPORTS
AGENCY GRANT AWARDS
PERFORMANCE EVALUATIONS
POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE
INTERNSHIP PROGRAM
PAGE PROGRAM

PUBLICATIONS
PHOTO GALLERY
CAPITOL HISTORY
HOW A BILL BECOMES LAW
Kids’ Page-->

CONTACT

SENATE ROSTER
HOUSE ROSTER
All Members List-->
PUBLIC INFO.
NEWS RELEASES
HELPFUL LINKS

Introduced Version

« Senate Bill 364 History

 | Email

 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2021 regular session

Introduced

Senate Bill 364

By Senator 
Trump

[Introduced February 19, 
2021; referred

 to the Committee on the Judiciary]

A BILL 
to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended; to 
amend and reenact §21-1A-4 of said code; to amend and reenact §21-5-1 of said 
code; and to amend and reenact §21-5-3 of said code, all relating to 
limitations on the use of wages and agency shop fees by employers and labor 
organizations for political activities; prohibiting any person from coercing or 
intimidating any employee into making a political contribution or engaging in 
any form of political activity; prohibiting employers and any other persons 
responsible for the disbursement of wages and salaries from withholding or 
diverting any portion of an employee’s wages or salary for political activities 
without express, written authorization; providing that the prohibition against 
withholding or diverting wages for political activities applies to any written 
or oral contract or agreement entered into, modified, renewed, or extended on 
or after July 1, 2021, and shall not otherwise apply or abrogate a written or 
oral contract or agreement in effect on or before June 30, 2021; providing for 
criminal penalties; setting forth requirements for employees to provide written 
authorization for disbursement of wages and salaries by an employer or other 
person for political activities; requiring the Secretary of State to promulgate 
forms; defining terms “political activities” and “agency shop fees”; modifying 
definition of “deductions” to exclude amounts for union or club dues; making it 
an unfair labor practice under the Labor-Management Relations Act for the 
Private Sector for a labor organization to use agency shop fees paid by 
nonmembers for political activities, unless expressly authorized by the 
individual; removing the requirement that an assignment or order be 
acknowledged by the party making the same before a notary public or other 
official authorized to take acknowledgments; requiring that an assignment or 
order shall be in writing; and providing that the changes made to the 
assignment of wages during the regular session of the Legislature, 2021, apply 
to any written or oral contract or agreement entered into, modified, renewed, 
or extended on or after July 1, 2021, and shall not otherwise apply or abrogate 
a written or oral contract or agreement in effect on or before June 30, 2021.

Be 
it enacted by the Legislature of West Virginia:

chapter 3. elections.

Article 8. regulation 
and control of elections.

§3-8-12. Additional acts 
forbidden; circulation of written matter; newspaper advertising; solicitation 
of contributions; intimidation and coercion of employees; withholding of 
wages or salaries without express authorization; promise of employment or 
other benefits; limitations on contributions; public contractors; penalty.

(a) A person may not 
publish, issue, or circulate, or cause to be published, issued, or circulated, 
any anonymous letter, circular, placard, radio or television advertisement, or 
other publication supporting or aiding the election or defeat of a clearly 
identified candidate.

(b) An owner, publisher, 
editor, or employee of a newspaper or other periodical may not insert, either 
in its advertising or reading columns, any matter, paid for or to be paid for, 
which tends to influence the voting at any election, unless directly 
designating it as a paid advertisement and stating the name of the person 
authorizing its publication and the candidate in whose behalf it is published.

(c) A person may not, in 
any room or building occupied for the discharge of official duties by any 
off