The proposed bill introduces a new section to the Code of West Virginia, designated as 5A-3-64, known as the First Amendment Preservation Act. This act aims to prevent state agencies from entering into contracts with advertising agencies that utilize media reliability and bias monitors, which are defined as companies that assess the factual accuracy and bias of news sources. The bill emphasizes that state funds should not support viewpoint discrimination and should reach a diverse audience without political bias. It also provides definitions for key terms such as "agency," "company," and "media reliability and bias monitor."

Additionally, the bill mandates that any agency seeking advertising or marketing services must require written certifications from companies bidding for contracts, confirming they are not media reliability and bias monitors and will not use such services. The act clarifies that it does not prohibit agencies from contracting for services that aggregate news articles or provide analytical information on advertisement performance. The provisions of this section will take effect on July 1, 2026, applying to all relevant contracts and agreements executed or modified after that date.

Statutes affected:
Introduced Version: 5A-3D-1, 5A-3D-2, 5A-3D-3, 5A-3D-4, 5A-3D-5, 5A-3D-6
Committee Substitute: 5A-3-64