H. B. 4324
(By Delegates Craig, Brown, Amores, Mahan, Hrutkay, Moore,
Azinger, Armstead, Sobonya, Howard and Hamilton
)
[Introduced February 1, 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
use of public funds and resources by public officials for
promotional purposes; 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 using public funds to purchase,
distribute or disseminate their name or likeness on
promotional mementos, keepsakes or trinkets; 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; and
providing general exceptions thereto.
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
a public payroll may not:
(1) Use or display the elected or appointed person's name or
likeness on any publicly-owned vehicles, except during ceremonial
events; or
(2) Use public funds to purchase, distribute or disseminate
the elected or appointed person's name or likeness on promotional
mementos, keepsakes or trinkets. For purposes of this subsection,
promotional mementos, keepsakes and trinkets are defined as items
which are not vital or necessary to the usual and customary running
of the officials' or public employees' office, or items for which
the presence of the officials' name or likeness is unnecessary and
has a promotional purpose, including, but not limited to, the
following: pens, pencils, paperweights, magnets, mugs, cups,
keychains, pill-holders, band-aid dispensers, fans, pins, nail
files, matches, and bags.
(b) For a period of sixty days before a primary or general
election in which an elected or appointed official is a candidate,
no elected or appointed official or agent of an appointed or public
official may 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; communication by leaflet, pamphlet
or flyer; or any other publication or media communication intended
for general dissemination to the public. For purposes of the
section, an "agent" means any volunteer or employee, contractual or
permanent, serving at the discretion of or under the direction or
supervision of an elected or appointed official.
(c)Nothing in this section prohibits an elected or appointed
official from using their name or likeness on any official record
or report, letterhead, document or certificate, or instructional
material issued in the course of their duties as an elected or
appointed official, or on promotional materials used for national
tourism and economic development promotion.
(d)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.