ASSEMBLY, No. 1350

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman STUHLTRAGER

An Act concerning certain public service announcements preceding elections and supplementing chapter 34 of Title 19 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. As used in this section:

    "Billboard" means an advertising structure or other object for the display of outdoor advertising matter for which a permit is required pursuant to the "Outdoor Advertising Act," P.L.1959, C.191 (C.54:40-50 et seq.).

    "Media" means newspapers, magazines, radio, television or other similar printed, photographic, mechanic or electronic means of disseminating information to the general public.

    "Public service announcement" means an advertisement which is paid for in whole or part out of public funds, the purpose of which is to inform members of the public of federal, State or local government laws, policies, programs or services or of problems affecting the public health, safety or welfare.

    b. No person holding State or local elective public office shall, for a period of 90 days preceding any general election or primary election for the general election, permit the person's name or voice or the person's live, videotaped, photographic or drawn image to be used in any public service announcement which is disseminated to the public by the media or placed on a billboard.

    c. No individual employed by or acting on behalf of the media or responsible for the content of outdoor advertising material placed upon a billboard shall, for a period of 90 days preceding any general election or primary election for the general election, use the name or voice or the live, videotaped, photographic or drawn image of any person holding State or local elective public office in any public service announcement which is disseminated to the public by the media or placed on a billboard.

    d. Nothing contained in this section shall be construed as requiring the removal or modification of any public service announcement which is placed upon a billboard prior to the 90-day period preceding a general election or primary election for the general election or prior to the effective date of this act.

    e. Nothing contained in this section shall be construed as prohibiting the dissemination by the media of a bonafide news story or a paid political advertisement, including an advertisement which is paid for with funds appropriated from the Gubernational Elections Fund established pursuant to N.J.S.54A:9-25.1.

    f. Any person, including a corporation, who violates the provisions of this section shall be guilty of a crime of the fourth degree.

    2. This act shall take effect on the 30th day after enactment.

STATEMENT

    The purpose of this bill is to prevent State or local elected public officials from using public service announcements preceding elections to promote their own reelection or the election of those with whom they are affiliated. The bill would prohibit State or local elected public officials from permitting their name or voice or their live, videotaped, photographic or drawn image to be used in any public service announcement which is disseminated by the media or placed on any billboard during the 90 days preceding a general election or a primary election. It would also prohibit individuals employed by or acting on behalf of the media or responsible for the content of outdoor advertising placed on billboards from using the name or voice or live, videotaped, photographic or drawn image of any State or local elected official as part of a public service announcement during that 90-day period. Billboard advertisements which pre-date the 90-day period would not be affected. The bill provides that a public service announcement is an advertisement which is paid for in whole or part out of public funds. Thus, the bill would not affect bonafide news items concerning elected officials or announcements of an emergency nature which are carried by the media without charge to the public. A violation of the bill's provisions would be punishable as a crime of the fourth degree.

Prohibits appearance by State and local elected officials in public service announcements during 90-day period preceding elections.