0001|                           HOUSE BILL 1142
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            KIP W. NICELY
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO STATE GOVERNMENT; LIMITING THE CONTENTS OF CERTAIN
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0012|     STATE DOCUMENTS; ENACTING NEW SECTIONS OF THE NMSA 1978.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  LEGISLATIVE FINDINGS.--The legislature finds
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0016|     and declares that certain state publications such as pamphlets,
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0017|     booklets, brochures and maps may be made to appear to have a
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0018|     political purpose by the inclusion in the publications of the
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0019|     names or photographs of elected or appointed officials.  The
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0020|     legislature finds that this practice, especially during pre-
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0021|     election and transition periods, may result in a misuse of
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0022|     taxpayers' money and often results in an inefficient and
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0023|     wasteful use of state resources.  As such, the legislature
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0024|     finds that it is in the best interest of the people of New
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0025|     Mexico to prohibit the inclusion of elected or appointed
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0001|     officials' names and photographs on certain state publications
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0002|     during pre-election or transition periods.
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0003|          Section 2.  STATE PUBLICATIONS--CONTENT LIMITATIONS.--
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0004|               A.  As used in this section:
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0005|                    (1)  "appointed official" means any person who
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0006|     has been appointed to a state office, board or commission;
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0007|                    (2)  "elected official" means a person elected
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0008|     to any state office or a person appointed to an office that is
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0009|     subject to an election, excluding legislators and judges; 
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0010|                    (3)  "election transition period" means the
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0011|     period beginning May 1 of a year in which a general election is
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0012|     held and ending January 1 of the succeeding year; 
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0013|                    (4)  "print" means to reproduce by mass
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0014|     production methods, including mass copying on an office copying
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0015|     machine.  The term "print" does not include the printing of
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0016|     individual sheets of paper on a personal computer printer or
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0017|     office copying machine; and
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0018|                    (5)  "restricted publication or document" means
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0019|     any booklet, brochure, flier, pamphlet, photograph or other
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0020|     printed material, including letterhead stationery, that has a
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0021|     useful life beyond the election transition period.  "Restricted
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0022|     publication or document" does not include:
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0023|                         (a)  timely, dated newsletters or
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0024|     periodicals; 
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0025|                         (b)  annual reports;
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0001|                         (c)  reports required by statute or
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0002|     regulation that are the responsibility of the official in
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0003|     office at the time of publication, and 
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0004|                         (d)  maps or graphic items that depict
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0005|     temporary projects.
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0006|               B.  No restricted publication or document printed or
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0007|     published during the election transition period may include a
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0008|     name, photograph, drawing or other likeness of an elected,
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0009|     appointed, acting, interim or temporarily appointed official if
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0010|     the position of that official, or the position of any member of
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0011|     the body of which that official is a member, is subject to
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0012|     election in the general election of that year or to appointment
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0013|     by an official elected in the general election of that year. 
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0014|     The date of printing shall be determined by the date of
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0015|     issuance of the purchase order.
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0016|               C.  Any restricted publication or document, except
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0017|     letterhead stationery, that contains an out-of-date name,
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0018|     photograph, drawing or other likeness but that in all other
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0019|     ways is accurate and up to date, shall not be discarded and
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0020|     shall be used in the same manner as an accurate and up-to-date
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0021|     publication or document.
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0022|               D.  Forms, applications or other documents directly
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0023|     or indirectly required by statute that are to be used by the
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0024|     public shall not include a name, photograph, drawing or other
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0025|     likeness of an elected or appointed official.
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0001|               E.  When an appointed state official is subject to
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0002|     confirmation, the name or photograph of the official shall not
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0003|     be printed on restricted publications or documents while the
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0004|     official is awaiting confirmation.
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0005|          Section 3.  ENFORCEMENT.--The department of finance and
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0006|     administration, on or about April 1 of every general election
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0007|     year, shall send formal notification of this content limitation
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0008|     to the finance officers of all state agencies and to all state-
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0009|     owned and state-contracted printing services.  The department
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0010|     may adopt and promulgate rules and regulations necessary to
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0011|     implement the provisions of Section 2 of this act.     
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0012|                                  
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