H. B. 2676
(By Delegates Sobonya, Sumner, Rowan, C. Miller,
Lane and J. Miller)
[Introduced February 19, 2009; 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 the use of the name or likeness of elected or
appointed officials 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; 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; definitions; exceptions.
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.
(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 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.
(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.
(d) The commission shall 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 July 1, 2009.
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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.