BILL NUMBER: AB 2919	CHAPTERED  08/01/08

	CHAPTER  256
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  JUNE 24, 2008
	AMENDED IN ASSEMBLY  MAY 5, 2008
	AMENDED IN ASSEMBLY  APRIL 21, 2008

INTRODUCED BY   Assembly Member Garcia
   (Coauthors: Assembly Members Emmerson, Eng, Maze, and Silva)
   (Coauthor: Senator Battin)

                        FEBRUARY 22, 2008

   An act to amend Section 17533.6 of the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2919, Garcia. Advertising.
   Existing law makes it unlawful for any person, firm, or
corporation, or association that is a nongovernmental entity to
solicit funds or information by means of a mailing, electronic
message, or Internet Web site that contains a seal, insignia, trade,
or brand name, or any other term or symbol that reasonably could be
interpreted or construed as implying any state or local government
connection, approval, or endorsement, unless the nongovernmental
entity has an expressed connection with a state or local entity or
unless the solicitation contains a specified disclosure. A violation
of these or other provisions related to advertising is a crime.
   This bill would, except as specified, require a business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing offering to assist the recipient in dealing with
a state or local governmental agency to state on the envelope and in
the mailing that the business is not a governmental agency and is not
associated with the governmental agency, and to include in the
mailing the contact information for the governmental agency.
   Because this bill would impose new advertising requirements, the
violation of which would be a crime, it would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17533.6 of the Business and Professions Code is
amended to read:
   17533.6.  (a)  It is unlawful for any person, firm, corporation,
or association that is a nongovernmental entity to solicit
information, or to solicit the purchase of or payment for a product
or service, or to solicit the contribution of funds or membership
fees, by means of a mailing, electronic message, or Internet Web site
that contains a seal, insignia, trade or brand name, or any other
term or symbol that reasonably could be interpreted or construed as
implying any state or local government connection, approval, or
endorsement, unless the requirements of paragraph (1) or (2) have
been met, as follows:
   (1) The nongovernmental entity has an expressed connection with,
or the approval or endorsement of, a state or local government
entity, if permitted by other provisions of law.
   (2) The solicitation meets both of the following requirements:
   (A) The solicitation bears on its face, in conspicuous and legible
type in contrast by typography, layout, or color with other type on
its face, the following notice:
"THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY
GOVERNMENT AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF
THE GOVERNMENT."
   (B) In the case of a mailed solicitation, the envelope or outside
cover or wrapper in which the matter is mailed bears on its face in
capital letters and in conspicuous and legible type, the following
notice:
"THIS IS NOT A GOVERNMENT DOCUMENT."
   (b) Except as provided in subdivision (c), any business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing that offers to assist the recipient in dealing
with a state or local governmental agency shall do both of the
following:
   (1) State on the envelope and in the mailing that the business is
not a governmental agency and is not associated with the governmental
agency referenced.
   (2) Include in the mailing the contact information for the
governmental agency referenced.
   (c) Subdivision (b) shall not apply if either of the following
requirements has been met:
   (1) The business has an expressed connection with, or the approval
or endorsement of, a state or local government entity, if permitted
by other provisions of law.
   (2) The business has an "established business relationship," as
defined in Section 1798.83 of the Civil Code, with the recipient.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.