(a) If a public official, public employee or public agency possesses items or materials in contravention of this rule or section five-c, article two of this chapter that were purchased prior to the effective date, the public official, public employee or public agency may not continue to distribute, disseminate, communicate or display publicly these items or materials.
(b) Notwithstanding the prohibition in subsection (a) of this section,
(1) Materials may be used publicly if the public official’s name or likeness are permanently removed or covered: Provided, That a public official’s name or likeness may be covered with a sticker, be marked out or obliterated in any other manner;
(2) The public agency may use the items or materials for internal use if they are not publicly distributed, disseminated, communicated or displayed; and
(3) When appropriate and in compliance with law, a public agency may donate the items to surplus, charity or an organization serving the poor and needy.
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