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.