BILL ANALYSIS
AB 2654
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2654 (Hill)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: |43-24|(April 26, |SENATE: |25-9 |(August 23, |
| | |2010) | | |2010) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Specifies requirements for solicitations that could
be construed or interpreted as involving a state or federal
governmental entity, including certain disclosures on the front
and back of every page of the solicitation and the envelope;
establishes penalties for violating specified disclosure
requirements and makes various technical changes.
The Senate amendments :
1)Elaborate on the types and forms of prohibited and permissible
insignia and wording on solicitations.
2)Prohibits untruthful suggestions of association with federal
government.
3)Require disclosures on the front and back of each page of a
solicitation, and on the front of the envelope, outside cover,
or wrapper.
4)Prohibit a solicitation from stating or implying that payment
to any person, firm, corporation, or association that is not a
government entity is mandatory or required by law, or state or
imply that penalties, fines, or consequences will occur if
payment is not made to the soliciting nongovernmental person,
firm, corporation, or association.
5)Prohibits a solicitation from specifying a date or time period
when payment to the soliciting nongovernmental person, firm,
corporation, or association is due, including, but not limited
to, use of the terms "due date," "due now," "remit by," "remit
immediately," "payment due," "pay now," "pay immediately," or
"pay no later than," unless the solicitation displays, in the
same sentence as the date or time period specified, how the
AB 2654
Page 2
information being solicited will be used, a description of the
product or service that is to be provided, and to what
government agency it shall be rendered, or how the solicited
funds or membership fees will be used, as applicable.
6)State that any violation is a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by
a fine not exceeding $2,500, or by both that fine and
imprisonment.
7)State that 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.
8)Make technical changes.
AS PASSED BY THE ASSEMBLY , the bill required the disclaimer
presently required on solicitations and mailings to be
conspicuously posted on the top of the first page.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill is substantially similar to the version
approved by the Assembly.
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
FN:
0006587