H. B. 4127
(By Delegates Sobonya, Moore, Howard, Stevens,
Sumner, Rowan and Hamilton)
[Introduced January 26, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §6B-2-5c, relating to
prohibiting elected or appointed officials from using their
name or likeness on publicly-owned vehicles except for
ceremonial purposes; prohibiting elected or appointed
officials from placing their name or likeness on trinkets paid
for with public funds; and prohibiting elected or appointed
officials from using public funds to distribute certain
published materials bearing their name or likeness within
sixty days prior to a primary or general election in which a
public official is a candidate.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §6B-2-5c, to read as
follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC
OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC
AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW
JUDGES.
§6B-2-5c. Limitations on elected or appointed officials from using
their name or likeness.
Elected or appointed officials, their agents, or anyone on
public payroll may not:
(a) Use the elected or appointed person's name or likeness on
any publicly-owned vehicles, unless for ceremonial events;
(b) Place the elected or appointed person's name or likeness
on "trinkets" paid for by public funds;
(c) 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 intended for general
dissemination to the public, within sixty days before a primary or
general election in which the elected or appointed official, or the
person on public payroll, is a candidate.
For purposes of the section, an "agent" means any volunteer or employee, contractual or permanent, serving at the discretion of an
elected or appointed official.
For purposes of the section "trinkets" are hereby generally
defined as such items as are not vital or necessary to the usual
and customary running of the officials' or public employees'
office, such as, but not limited to, the following: magnets, mugs,
cups, keychains, pill-holders, band-aid dispensers, fans, nail
files, matches, and bags.
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.
The West Virginia Commission on Ethics is hereby directed to
propose rules and emergency rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to effectuate the provisions of this
section by the first day of July, two thousand six.
NOTE: The purpose of this bill is to prohibit elected or
appointed officials from using public funds to purchase, distribute
or disseminate certain items and publications.
This section is new; therefore, strike-throughs and
underscoring have been omitted.