BILL NUMBER: AB 2654	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 19, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2654, as introduced, Hill. Solicitations.
   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 any 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 and mailing contains a
specified disclosure that it is not a governmental document. Existing
law also requires 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 disclose on the envelope and in the mailing that the
business is not a governmental agency and is not associated with the
governmental agency rereferenced. A violation of these or other
provisions related to advertising is a crime.
   This bill would require those disclosures to be conspicuously
posted on the top of the first page of the solicitation or mailing.
Because a violation of this provision 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 17533.6 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
GOVERNMENTAL 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 governmental 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.

   (d) The notice or statement required by subparagraph (A) of
paragraph (2) of subdivision (a) or by paragraph (1) of subdivision
(b) shall be conspicuously posted on the top of the first page of the
solicitation or mailing. 
  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.