BILL NUMBER: SB 272	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 14, 2013

   An act to add Section 17533.65 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 272, as introduced, Corbett. Advertising: military
endorsements.
    Existing law makes it unlawful for any person, firm, corporation,
or association that is a nongovernmental entity to solicit funds or
information, or the purchase of goods or services, by means of a
mailing, electronic message, or Internet Web site that contains a
seal, emblem, insignia, trade, or brand name, or any other term,
symbol, or content that reasonably could be interpreted or construed
as implying any federal, state, or local government connection,
approval, or endorsement, unless certain criteria are met. A
violation of provisions related to advertising is a crime.
   This bill would additionally make it unlawful for any person,
firm, corporation, or association that is a nongovernmental entity to
use any seal, emblem, insignia, trade, or brand name, or any other
term, symbol, or content, that reasonably could be interpreted or
construed as implying any federal military, state military, military
veteran, or military or veteran service organization connection,
approval, or endorsement of any financial product, goods, or
services, or for purposes of advertising or to promote certain
events, as specified, unless the nongovernmental entity has an
expressed connection with, or the approval or endorsement of, that
entity. The bill would establish specified civil and criminal
penalties for a violation of its provisions.
   Because a violation of the bill's provisions would be a crime, the
bill 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 17533.65 is added to the Business and
Professions Code, to read:
   17533.65.  (a) It is unlawful for any person, firm, corporation,
or association that is a nongovernmental entity to use any seal,
emblem, insignia, trade, or brand name, or any other term, symbol, or
content that reasonably could be interpreted or construed as
implying any federal military, state military, military veteran, or
military or veteran service organization connection, approval, or
endorsement of any financial product, goods, or services, unless the
person, firm, corporation, or association has an expressed connection
with, or the approval or endorsement of, the federal military, state
military, or military veteran entity, or military or veteran service
organization.
   (b) A person, firm, corporation, or association that is a
nongovernmental entity shall not use any seal, emblem, insignia,
trade, or brand name, or any other term, symbol, or content in any
advertising or to promote any event, presentation, seminar, workshop,
or other public gathering that reasonably could be interpreted or
construed as implying any federal military, state military, military
veteran, or military or veteran service organization connection,
approval, or endorsement of any financial product, goods, or
services, unless the person, firm, corporation, or association has an
expressed connection with, or the approval or endorsement of, the
federal military, state military, or military veteran entity, or
military or veteran service organization.
   (c) Any violation of this section is a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding two thousand five hundred dollars ($2,500), or by both
that fine and imprisonment.
   (d) Any person who is harmed as a result of a violation of this
section shall be entitled to recover, in addition to any other
available remedies, damages in an amount equal to three times the
amount solicited.
   (e) For purposes of this section, "state military" has the same
meaning set forth in Section 120 of the Military and Veterans Code,
and includes the National Guard, State Military Reserve, and the
Naval Militia.
  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.