HB2164 H R&T AM #1

Reed 3253

 

The Committee on Roads and Transportation moved to amend the bill on page one, after the enacting section, by striking out the remainder of the bill and inserting in lieu the following:

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 on state roads  by the Division of Highways: Provided, That signs may be authorized to be placed or posted by resolution of the Legislature to identify a designated highway segment or feature in honor of a former public official that no longer holds a public office and is not a candidate for public office.  The provisions of this subsection do not apply to signs erected or posted on state roads by the Division of Highways prior to the reenactment of this section in the 2017 regular session of the Legislature.


 

 

Adopted

Rejected