Advertising and solicitations: government documents.

Existing law makes it unlawful for a person, firm, corporation, or association that is a nongovernmental entity to use a seal, emblem, insignia, trade or brand name, or any term, symbol, or content that reasonably could be interpreted or construed as implying any federal, state, or local government, military veteran entity, or military or veteran service organization connection, approval, or endorsement of a product or service, unless certain criteria are met. This provision includes financial products, goods, or services, including mailings, electronic messages, Internet Web sites, periodicals, or television commercials disseminated unless the nongovernmental entity has an expressed connection with or approval of that governmental entity. Existing law, despite that general prohibition, permits a nongovernmental entity, as specified, to advertise or promote an event, presentation, seminar, workshop, or other public gathering using a seal, emblem, insignia, trade or brand name, or any other term, symbol, or content, if that nongovernmental entity has an expressed connection with, or the approval or endorsement of, a federal, state, or local government, military veteran entity, or military or veteran service organization. Existing law authorizes a nongovernmental entity to solicit information, solicit the purchase of or payment for a product or service, or solicit the contribution of funds or membership fees, by any means, including, but not limited to, a mailing, electronic message, Internet Web site, periodical, or television commercial disseminated in this state, using a seal, emblem, insignia, trade or brand name, or any other term, symbol, or content, if the person, firm, corporation, or association that is a nongovernmental entity meets certain requirements, including prominently disclosing that the product or service has not been approved or endorsed by any governmental agency. This bill would permit a person, firm, corporation, or association that is a nongovernmental entity to solicit a fee for providing a copy of a public record if that solicitation meets specified requirements. Those requirements would include a certain disclosure requirement stating that the document is an advertisement, the fee or cost charged by the relevant state or local government agency to obtain a copy of the record that the solicitation is offering to obtain, and information necessary to contact the state or local agency with custody of the record. The bill would define "solicit" for purposes of these provisions. The bill would authorize the Attorney General, a district attorney, or a city attorney to bring an action against a person who violates this provision and would authorize the court to order the person in violation to refund all of the moneys paid to the victim. The bill would require the court to impose a civil penalty in an amount of not more than $100 for each unlawful solicitation document distributed, and not more than $200 for each subsequent document distributed in violation of this provision. The bill would include related legislature findings.