Bill Text: CA AB492 | 2017-2018 | Regular Session | Amended
Bill Title: Advertising and solicitations: government documents.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-09-26 - Chaptered by Secretary of State - Chapter 293, Statutes of 2017. [AB492 Detail]
Download: California-2017-AB492-Amended.html
Amended
IN
Senate
June 19, 2017 |
Amended
IN
Assembly
March 29, 2017 |
Assembly Bill | No. 492 |
Introduced by Assembly Member Grayson |
February 13, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law also requires prompt disclosure of reasonably identifiable records to a person upon payment of fees covering the direct costs of duplication, or a statutory fee if applicable.
This bill would require a business or individual soliciting a fee for providing a copy of a
public record to state on the top of the document to be used for solicitation that the solicitation is not from a state or local agency; that no action is legally required by the person being solicited; the fee for, or the cost of, obtaining a copy of the record; and other specified information.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature hereby finds and declares the following:SEC. 2.
Section 17533.6.5 is added to the Business and Professions Code, to read:17533.6.5.
(a) Notwithstanding any other law, a person, firm, corporation, or association that is a nongovernmental entity may solicit a fee for providing a copy of a public record if that solicitation meets all of the requirements set forth in paragraphs (1) to (3), inclusive:(a)A business or individual soliciting a fee for providing a copy of a public record shall state on the top of the document used for the solicitation, in at least 24-point type, all of the following:
(1)That the solicitation is not from a state or local agency.
(2)That no action is legally required by the person being solicited.
(3)The fee for, or the cost of, obtaining a copy of the record from the state or local agency that has custody of the record.
(4)The information necessary to
contact the state or local agency that has custody of the record.
(5)The name and physical address of the business or individual soliciting the fee.
(b)The document used for a solicitation under this section may not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state or local agency or that appears to impose a legal duty on the person being solicited.
(c)The Attorney General, a district attorney, or a city attorney may bring an action against any person who violates this section. The court may order the person who violates this section to refund all of the moneys paid to the victim. The court shall impose a civil penalty of not more than one hundred dollars ($100) for each solicitation document distributed in violation of this section, and not more than two hundred dollars ($200) for each subsequent document distributed in violation of this section. The civil penalty shall be payable to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(d)This section does not apply to a title insurance company authorized to do business in this state or its authorized agent.
(e)As used in this section, “solicit” means to directly advertise or market through writing or graphics and via mail, telefax, or email to an individually identified person, residence, or business location. “Solicit” does not include any of the following:
(1)Communicating through a mass advertisement, including a catalog, a radio or television broadcast, or an Internet Web site.
(2)Communicating via telephone, mail, or electronic communication, if initiated by the consumer.
(3)Advertising and marketing to those with whom the solicitor has a preexisting business relationship.