Bill Text: CA AB2609 | 2015-2016 | Regular Session | Chaptered
Bill Title: Advertising: educational conferences.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-08-25 - Chaptered by Secretary of State - Chapter 185, Statutes of 2016. [AB2609 Detail]
Download: California-2015-AB2609-Chaptered.html
BILL NUMBER: AB 2609 CHAPTERED
BILL TEXT
CHAPTER 185
FILED WITH SECRETARY OF STATE AUGUST 25, 2016
APPROVED BY GOVERNOR AUGUST 25, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY MAY 10, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
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, Chau. Advertising: educational conferences.
Existing law prohibits various specified advertising practices,
including, among others, the placement by an educational travel
organization, as defined, or use of any misleading or untruthful
advertising or statements or making of 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 with the materials, to provide those disclosures to the
school and specified school employees, and to provide the materials
in a sealed envelope or other packaging addressed to the parent or
legal guardian of 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.
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 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 false or misleading
advertising, promote high-quality educational travel experiences,
encourage public confidence in leadership conferences, and assist
organizations soliciting participation in these conferences in
complying with safe and reputable practices, it is the intent of the
Legislature to establish appropriate marketing restrictions and
disclosure requirements on these solicitations.
(d) The Legislature recognizes the contributions that many
nonprofit service organizations have made in the area of youth
leadership training, such as the Boys and Girls State programs
organized by the American Legion and the Rotary Youth Leadership
Awards and Interact programs operated by the Rotary Club. These
programs have demonstrated a strong commitment to youth education and
civic awareness in diverse communities across the nation for
decades, often at little or no cost to the participants.
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 conference, forum, camp, or
other similar event, intended to develop the leadership, career, or
college readiness of a student or provide some other form of
educational benefit, when participation in the event is represented
as being limited to students receiving an award, invitation, or
nomination to participate in the event.
(2) "Educational conference organization" or "organization" means
a person, partnership, corporation, or other entity that operates in
a for-profit manner and 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 include with 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 the for-profit status of the 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) That attendance at an educational conference may not affect a
student's chances of being admitted to college and that a parent or
guardian should contact the student's school counselor for more
information.
(G) Whether or not a nomination from a teacher or school
administrator is required to participate in the educational
conference, or if an individual may be self-nominated or nominated by
a parent or guardian.
(H) 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.
(I) 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 the educational conference itself.
(3) The organization shall provide the disclosures described in
paragraph (2) on separate documents addressed to the school and to
any employee thereof who is asked to distribute materials to a
student.
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.
