Bill Text: WV HB2164 | 2018 | Regular Session | Introduced
Bill Title: Prohibiting the placement of the name or likeness of public officials on state road signs
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Roads and Transportation [HB2164 Detail]
Download: West_Virginia-2018-HB2164-Introduced.html
WEST virginia Legislature
2017 regular session
By
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to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §6B-2B-2 of the Code of West Virginia, 1931, as amended, relating to
use of public funds to display a public official’s name or likeness and
prohibiting such display on public road signs.
Be it enacted by the
Legislature of West Virginia:
That §6B-2B-2 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 2B. LIMITATIONS
ON A PUBLIC OFFICIAL FROM USING HIS OR HER NAME OR LIKENESS.
§6B-2B-2. Limitations on
a public official from using his or her name or likeness.
(a) Trinkets - Public officials, their agents, or anyone on public
payroll may not place the public official's name or likeness on trinkets paid
for with public funds: Provided, That
when appropriate and reasonable, public officials may expend a minimal amount
of public funds for the purchase of pens, pencils or other markers to be used
during ceremonial signings.
(b) Advertising- (1) Public officials, their agents, or anyone on
public payroll may not use public funds, including funds of the office held by
the public official, public employees, or public resources to distribute,
disseminate, publish or display the public official's name or likeness for the
purpose of advertising to the general public.
(2) Notwithstanding the
prohibitions in subdivision (1) of this subsection, the following conduct is
not prohibited:
(A) A public official’s
name and likeness may be used in a public announcement or mass media
communication when necessary, reasonable and appropriate to relay specific
public safety, health or emergency information.
(B) A public official’s
name and likeness may appear on an agency’s social media and website provided
it complies with section three of this article.
(C) Dissemination of office
press releases or agency information via email, social media or other public
media tools for official purposes is not considered advertising or prohibited
under this subsection, if it: (i) Is intended for a legitimate news or
informational purpose; (ii) is not intended as a means of promotion of the
public official; and (iii) is not being used as educational material.
(3) Banners and table
skirts are considered advertising and may not include the public official’s
name or likeness.
(4) Nothing in this article
shall be interpreted as prohibiting prohibits public officials
from using public funds to communicate with constituents in the normal course
of their duties as public officials if the communications do not include any
reference to voting in favor of the public official in an election.
(c) Vehicles- Public officials, their agents, or any person on public
payroll may not use or place the public official's name or likeness on any
publicly owned vehicles.
(d) Educational materials- A public official’s name or likeness may not
be placed on any educational material that is paid for with public funds: Provided, That this prohibition does not
apply to the submission of a report required to be issued by law.
(e) Road signs- A public official’s name or likeness may not be placed on
road signs paid for from public funds and erected or posted by the Division of
Highways: Provided, That signs may be
authorized by resolution of the Legislature to identify a designated highway
segment or feature in honor of a person, regardless of whether the named person
is also serving or has served in a public office.
NOTE: The purpose of this bill is
to prohibit placement of the name or likeness of public officials on state road
signs.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
