H. B. 4113
(By Delegates Sumner, Duke, Sobonya and Schoen)
[Introduced January 21, 2008; 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 §4-13-1, relating to
prohibiting the naming of a publicly funded building, road,
structure or project which receives any operating or
construction moneys from state sources or state taxpayers; and
assessing personal liability for violations.
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 §4-13-1, to read as
follows:
ARTICLE 13. NAMING OF PUBLICLY FUNDED BUILDINGS, ROADS,
STRUCTURES AND PROJECTS.
§4-13-1. Naming a publicly funded building, road, structure or
project for a living elected official prohibited.
(a) A publicly funded building, road, structure or project which receives any operating or construction moneys from state
sources or state taxpayers
may not be named for a living elected
official by any governmental entity in this state: Provided, That
the provisions of this section do not apply to the naming of a
publicly funded building, road, structure or project after a
deceased former elected state official.
(b) Any executive, board member, director or other responsible
state official authorizing the naming of any publicly funded
building, road, structure or project for a living elected official
in violation of the provisions of this section is personally liable
to the governmental entity involved for any costs incurred by that
entity as a result of the violation.
NOTE: The purpose of this bill is to prohibit
the naming of a
publicly funded building, road, structure or project which receives
any operating or construction moneys from state sources or state
taxpayers
for a living, elected official by any governmental
entity. The bill also provides that any responsible governmental
official authorizing the naming of a building, road, structure or
project for a living elected official is liable to the governmental
entity for any costs incurred by a violation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.