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Regular Session, 2012
HOUSE BILL NO. 660
BY REPRESENTATIVE STUART BISHOP
COMMERCIAL REGULATIONS: Provides relative to certain misleading solicitations by
nongovermental entities which imply certain state governmental connections
AN ACT1
To enact Subpart C of Part VIII of Chapter 1 of Title 51 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 51:391, relative to solicitations; to prohibit3
solicitations with misleading governmental appearances; to provide for a disclaimer;4
to provide for a civil penalty; to provide for a remedy; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart C of Part VIII of Chapter 1 of Title 51 of the Louisiana Revised8
Statutes of 1950, comprised of R.S. 51:391, is hereby enacted to read as follows:9
SUBPART C. SOLICITATIONS10
ยง391. Solicitations; misleading governmental appearance prohibited; disclaimer;11
penalty12
A. A solicitation by a nongovernmental entity, for the purchase of or13
payment for a product or service, which is in the form of and reasonably could be14
interpreted or construed as a bill, invoice, or statement of account due, but15
constitutes, in fact, a solicitation for the order by the addressee of goods or services,16
or both, shall not contain any material which:17
(1) Reasonably could be interpreted or construed as implying any Louisiana18
state government connection, approval, or endorsement through the use of a seal,19
insignia, or name of a state agency, department, commission, or program, or a20
citation to a state statute.21 HLS 12RS-1303 ENGROSSED
HB NO. 660
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(2) Contains any reference to or a citation to a state statute that misrepresents1
either the identity of the mailer or the protection or status afforded such matter by the2
Louisiana state government.3
B. The provisions of Subsection A shall not apply to any solicitation which4
bears on its face, at the beginning, in conspicuous and legible type which is not5
smaller than fourteen-point font and is in contrast by typography, layout, or color6
with any other printing on the solicitation, the following disclaimer:7
"THIS IS A SOLICITATION FOR THE ORDER OF GOODS OR8
SERVICES, OR BOTH, AND NOT A BILL, INVOICE, OR STATEMENT OF9
ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE ANY10
PAYMENTS ON ACCOUNT OF THIS OFFER UNLESS YOU ACCEPT THI S11
OFFER. THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR12
ENDORSED BY ANY LOUISIANA STATE GOVERNMENT AGENCY, AND13
THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE LOUISIANA14
STATE GOVERNMENT."15
C. Any solicitation in violation of this Section shall subject the violator to16
a civil fine of not more than one thousand dollars per violation. The attorney general17
shall bring proceedings to recover all fines due pursuant to this Section. The18
remedies and penalties provided in this Section shall be cumulative to all other19
remedies and penalties provided by law.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HB No. 660
Abstract: Prohibits solicitations by a nongovernmental entity for the purchase of or
payment for a product or service that have a misleading appearance of a La. state
government connection, approval, or endorsement.
Proposed law prohibits a solicitation by a nongovernmental entity, for the purchase of or
payment for a product or service, which is in the form of and reasonably could be interpreted
or construed as a bill, invoice, or statement of account due, but constitutes, in fact, a
solicitation for the order by the addressee of goods or services, or both, from containing any
material which: HLS 12RS-1303 ENGROSSED
HB NO. 660
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are additions.
(1)Reasonably could be interpreted or construed as implying any La. state government
connection, approval, or endorsement through the use of a seal, insignia, or name of
a state agency, department, commission, or program or a citation to a state statute.
(2)Contains any reference to or a citation to a state statute that misrepresents either the
identity of the mailer or the protection or status afforded such matter by the La. state
government.
Proposed law provides that the prohibition provisions of proposed law shall not apply to any
solicitation which bears on its face, at the beginning, in conspicuous and legible type which
is not smaller than 14-point font and is in contrast by typography, layout, or color with any
other printing on the solicitation, the following disclaimer:
"THIS IS A SOLICITATION FOR THE ORDER OF GOODS OR SERVICES, OR BOTH,
AND NOT A BILL, INVOICE, OR STATEMENT OF ACCOUNT DUE. YOU ARE
UNDER NO OBLIGATION TO MAKE ANY PAYMENTS ON ACCOUNT OF THIS
OFFER UNLESS YOU ACCEPT THIS OFFER. THIS PRODUCT OR SERVICE HAS
NOT BEEN APPROVED OR ENDORSED BY ANY LOUISIANA STATE
GOVERNMENT AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN
AGENCY OF THE LOUISIANA STATE GOVERNMENT."
Proposed law provides that any solicitation in violation of proposed law shall subject the
violator to a civil fine of not more than $1,000 per violation.
Proposed law requires the attorney general to bring proceedings to recover all fines due
under proposed law.
Proposed law provides that the remedies and penalties provided in proposed law shall be
cumulative to all other remedies and penalties provided by law.
(Adds R.S. 51:391)