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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1092 |
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AN ACT
amending title 38, chapter 3, article 4, Arizona Revised Statutes, by adding section 38-450; relating to the use of public monies for communications by elected officials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 38-450, to read:
38-450. Use of communication by elected official; notice of use of public monies; civil penalty
A. If an elected official of this state or a political subdivision of this state refers to the elected official by personal name or audio or visual likeness on any print media announcement, visual medium announcement, broadcast media announcement, website campaign or similar type of official communication, the communication shall include the statement that the communication was paid for with public monies. This subsection does not apply if:
1. The communication is required by law to execute official duties.
2. The elected official has no discretionary control over the timing or content of the communication.
3. The communication concerns or evidences official actions or omissions for which the elected official is legally responsible.
4. Any reference to the name or likeness of the elected official in the communication is narrowly tailored to the exclusive purpose of ensuring the elected official can be held accountable for official actions of omissions.
5. There is not already a reasonably accessible means by which the public can identify the elected official for purposes of holding the elected official accountable for the subject matter of the communication.
B. The statement required pursuant to subsection a of this section shall be printed clearly and legibly in a conspicuous manner or, if the advertisement is broadcast on a telecommunications system, the disclosure shall be spoken. For printed material that is delivered or provided by hand or by mail, the disclosure shall be printed in a font that is at least 3/32 inches tall in dark type on light background surrounded by a dark box. For communications that are broadcast on a telecommunications system or other medium that can provide a viewable disclosure and a spoken disclosure, the disclosure may be made in printed format only and a spoken disclosure is not required.
C. If an elected official fails to provide the statement as required pursuant to subsection a of this section or the statement does not conform to the requirements of subsection b of this section, the elected official is subject to a civil penalty of up to three times the cost of producing and distributing the literature or advertisement.