Rejected by House 6-26-2008
HB 219 HFA Sobonya 6-26 #1
Delegates Sobonya, Sumner and Blair move to amend the bill on page 17, following line 17 by adding a new section designated as §3-8-2c to read as follows:
"§3-8-2c.
Limitations on elected or appointed officials from using their name or likeness.
(a) Elected or appointed officials, their agents, or anyone on public payroll may not:
(1) Use the elected or appointed person's name or likeness on any publicly-owned vehicles, unless for ceremonial events;
(2) Place the elected or appointed person's name or likeness on "trinkets" paid for by public funds;
(3) Use public funds, including funds of the office held by the elected or appointed person to distribute, disseminate, publish or display the elected or appointed person's name or likeness upon or in any publication, broadcast, cable or satellite communication, communication in any newspaper, magazine or periodical publication, communication sent by mass mailing, communication by telephone book or communication by leaflet, pamphlet or flyer, or any other publication or media communication, within thirty days of a primary election or sixty days before a general election in which the elected or appointed official, or the person on public payroll, is a candidate.
(b) For purposes of this section:
(1) "Agent" means any volunteer or employee, contractual or permanent, serving at the discretion of an elected or appointed official; and
(2) "Trinkets" means items of tangible personal property that are not vital or necessary to the duties of the official's or public employee's office, including, but not limited to, the following: Magnets, mugs, cups, key-chains, pill-holders, band-aid dispensers, fans, nail files, matches, and bags.
(c) Nothing in this section prohibits elected or appointed officials from using their names or likenesses on any official record or report, letterhead, document or certificate, or instructional material issued in the course of their duties as elected or appointed officials, or on promotional materials used for national tourism and economic development promotion.

Adopted
Rejected