BILL NUMBER: AB 2609	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 19, 2016

   An act to add Section 17531.3 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2609, as introduced, Chau. Advertising: educational
conferences.
   Existing law prohibits various specified advertising practices,
including, among others, a prohibition on an educational travel
organization, as defined, from placing or using any misleading or
untruthful advertising or statements or making a substantial
misrepresentation in conducting an educational travel program. Under
existing law, the violation of any of these prohibitions is a
misdemeanor.
   This bill would require an educational conference organization, as
defined, that provides materials related to an educational
conference, as defined, directly to a school or school employee for
purposes of distribution to a student to include specified
disclosures in the materials and to provide the materials in a sealed
envelope or other packaging addressed to the parent or legal
guardian of the student. The bill would also prohibit the
organization from addressing the materials to a student by name or
otherwise requesting that materials be provided directly to the
student. As a violation of these provisions would be a crime, this
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.  The Legislature finds and declares all of the
following:
   (a) K-12 students are particularly vulnerable to solicitations for
educational leadership conferences or forums that may appear to be
selective awards or competitive honors, but are in fact sophisticated
solicitations, often from for-profit companies.
   (b) While such conferences and forums may have merit as learning
experiences for students, it is nevertheless important to ensure that
students, parents, and teachers are not misled by these
solicitations. The State of California has previously enacted laws
regulating educational travel organizations in order to protect
students engaged in educational travel.
   (c) Because it is of the utmost importance that the State of
California take action to protect students from misleading or false
advertising, promote quality in educational travel experiences,
encourage public confidence in leadership conferences or forums, and
assist organizations soliciting participation in these conferences or
forums in complying with safe and reputable practices, it is the
intent of the Legislature to establish appropriate disclosure
requirements and further restrictions on these solicitations.
  SEC. 2.  Section 17531.3 is added to the Business and Professions
Code, to read:
   17531.3.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Educational conference" means a leadership conference, forum,
camp, or other similar event, when participation in the event is
represented as being limited to students nominated to participate in
the event.
   (2) "Educational conference organization" or "organization" means
a person, partnership, corporation, or other entity that plans and
advertises educational conferences to students residing in the State
of California.
   (3) "Student" means a person who is enrolled in elementary or
secondary school, grade kindergarten through grade 12, at the time an
educational conference is arranged with an educational conference
organization.
   (b) An educational conference organization that provides materials
related to an educational conference directly to a school or any
employee thereof for purposes of distribution to a student shall
comply with all of the following:
   (1) The organization shall provide the materials in a sealed
envelope or other packaging addressed to the parent or legal guardian
of the student.
   (2) The organization shall not address the materials to a student
by name or otherwise request that materials be provided directly to
the student.
   (3) The organization shall include in the materials all of the
following disclosures, in clear and conspicuous language:
   (A) That the materials constitute a solicitation for the sale of a
product.
   (B) The legal form of the organization making the solicitation,
including whether the organization is a nonprofit or for-profit
organization.
   (C) The legal owner, if any, of the organization making the
solicitation.
   (D) The specific eligibility criteria required for participation
in the solicited educational conference or conferences, if any.
   (E) An itemized list of the costs to participate in the
educational conference and the total price of participating in the
educational conference, including estimated expenses not included in
the price of the educational conference.
   (F) Whether or not a third-party nomination is required to
participate in the educational conference, or if an individual may be
self-nominated or nominated by a parent or guardian.
   (G) The total amount, if any, of funding or other support,
including employment or grants for school supplies, the organization
has provided to the student's school or the school's employees during
the last three years before the date of the solicitation.
   (H) A phone number, email address, or Internet Web site that a
parent or guardian may use to contact a government agency within the
relevant jurisdiction for purposes of filing a complaint related to
the solicitation or solicited educational conference.
  SEC. 3.  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.