FLOOR BOOK MEMORANDUM            House Committee on the Judiciary

            H.B. 2457                                                       

Prepared by: Mark Adkins

            (2/18/2015)                                                     Phone: 304-340-3133

                                                                                    email: mark.adkins@wvhouse.gov

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SPONSORS: Delegates Sobonya, Miller, Frich, Foster, Overington, J. Nelson, Ellington, Rohrbach and Walters

TITLE: Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles.

DATE INTRODUCED: January 28, 2015; referred to the Committee on the Judiciary

CODE SECTION AFFECTED: This bill creates a new section - W.Va. Code §6B-2-5c

SUMMARY ANALYSIS: This bill seeks to add a section to Article 2 of the West Virginia Governmental Ethics Act which limits a public official’s use of public funds to promote his or her name or likeness on vehicles, trinkets, advertising materials. It also prohibits a public official from using public funds or public employees, other than employees for security services, for entertainment activities within forty-five days of an election. Further it sets out certain exceptions to the section and permits the WV Ethics Commission to promulgate rules.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS:

            A. EXISTING LAW:

None. This is a new code provision.

            B. THIS BILL:

This bill seeks to add W.Va. Code §6B-2-5c to the West Virginia Governmental Ethics Act which places the following limitations on public officials as defined by W.Va. Code §6B-1-3(k):

1.         A public official’s name or likeness may not be placed on a publicly-owned vehicle;

2.         A public official’s name or likeness may not be placed on “trinkets” as defined in this section if such trinkets are purchased with public funds;

3.         Public funds may not be used to distribute a public official’s name or likeness for the purpose of advertising; and

4.         A public official may not use public funds or public employees, other than employees for security services, for entertainment activities within forty-five days of a primary, general, special election in which the public official is a candidate.

Subsection (b) defines “Agent” and “Trinket”.

Subsection (c) states that this section does not prohibit a public official from using his or her name or likeness in an official capacity in the normal course of their duties. Further, this section does not apply to materials used for tourism promotion.

Subsection (d) states that this section shall not be interpreted as prohibiting public officials from using public funds to communicate with constituents in the normal course of their duties as public officials.

Finally, subsection (e) allows the West Virginia Ethics Commission to propose rules and emergency rules for legislative approval in accordance with W.Va. Code §29a-3-1 et seq. to effectuate this section by July 1, 2015.

II. SECTION DIRECTORY: §6B-2-5c - Limitations on a public official from using his or her name or likeness.

III. FISCAL ANALYSIS: There is not a Fiscal Note because no fiscal impact has been identified.

IV. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified

            B. GOVERNMENT AGENCIES AFFECTED: West Virginia Ethics Commission

            C. RULE MAKING AUTHORITY: This bill permits the West Virginia Ethics Commission to propose rules and emergency rules for legislative approval in accordance with W.Va. Code §29a-3-1 et seq. to effectuate this section by July 1, 2015.

            D. COMMITTEE REFERENCE: No second reference.

            E. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

            F. SIMILAR BILLS: SB24

            G. DRAFTING ISSUES OR OTHER COMMENTS: None.

            H. EFFECTIVE DATE: 90 days from passage.