Senate Bill No. 669

(By Senator Burnette)

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[Introduced February 18, 2002; referred to the Committee

on the Judiciary.]

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A BILL to amend chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four, relating to using an elected public official's name on public building projects or other objects; and penalties.

Be it enacted by the Legislature of West Virginia:
That chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four, to read as follows:
ARTICLE 4. USE OF NAME OF ELECTED PUBLIC OFFICIALS.
§6B-4-1. Definitions.
As used in this article, unless the context in which used clearly indicates otherwise:
(a) "Elected public official" means a person who has ever served in a public office that is an elected position, regardless of whether the public official was elected or appointed to the office. This includes all federal elected offices and all state, county and municipal elected offices in the state of West Virginia.
(b) "Public project" means any tangible thing owned by the state of West Virginia or any of its political subdivisions that was financed or is being maintained, in whole or part, with any tax revenue from the state of West Virginia.
6B-4-2. Naming of public projects.
(a) No public project may bear the name of any elected public official and no monument, statue or other memorial to an elected public official shall be placed on state, county or municipal property in the state of West Virginia, unless:
(1) The elected public official is deceased; or
(2) The elected public official is at least seventy years old and has not held any elected office for at least five years.
(b) The provisions of subsection (a) are not retroactive. However, any public project that has been named for an elected public official prior to the enactment of this article can be renamed by the Legislature after the death of that elected public official.
6B-4-3. Unlawful use of name of elected public official.
(a) No elected public official may place or cause to be placed, his or her name upon any tangible object at taxpayer expense. Also, no elected public official may place or caused to be placed, his or her name upon any tangible object owned by any state, county or municipal government or any subdivision of any of these governments, regardless of who pays for the placement of the name.
(b) The following exceptions to the prohibitions in subsection (a) are applicable:
(1) Public service announcements on legitimate issues that involve the office of the elected public official;
(2) Business cards or other forms of identification;
(3) Letterhead and other stationery (excluding envelopes);
(4) Nameplate on an interior door of an office;
(5) Nameplate on a desk;
(6) Photographs or their frames or other commemorative displays in a public office that are not in violation of any other provision of this code; and
(7) Any item to name a public project consistent with the provisions of section two, article four of this chapter.
6B-4-4. Remedies.
(a) Anyone who violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars for a first offense; fined an amount not exceeding one thousand dollars for a second offense; and fined an amount not exceeding two thousand five hundred dollars or confined in the county or regional jail for a period not exceeding thirty days or both, for a third or subsequent offense.
(b) A private civil cause of action in the form of mandamus shall inure to any citizen of the state of West Virginia to enforce this article. Any citizen petitioner who successfully petitions for a writ of mandamus to enforce this article shall be entitled to reimbursement of his or her legal fees and expenses to be paid from the personal assets of the offending respondent. Also, liquidated damages in the amount of five times the award for legal fees and expenses shall be paid by the respondent to the successful petitioner, also from the personal assets of the respondent.


NOTE: The purpose of this bill is to prohibit the use of elected public officials' names on public buildings, statue or other tangible objects, unless the public official is deceased or is over 70 years old and has not held public office for at least 5 years.

This article is new; therefore, strike-throughs and underscoring have been omitted.