Bill Text: CA AB2444 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Confederate flag: sales: government property.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 538, Statutes of 2014. [AB2444 Detail]

Download: California-2013-AB2444-Amended.html

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BILL NUMBER: AB 2444	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Hall
   (Coauthors: Assembly Members Bloom, Bradford, Brown, Fox, Holden,
Jones-Sawyer, Nestande, Ting, and Weber)
   (Coauthors: Senators Mitchell and Yee)

                        FEBRUARY 21, 2014

   An act to add  Section 53.5 to the Civil  
Chapter 2.9 (commencing with Section 8195) to Division 1 of Title 2
of the Government  Code, relating to the Confederate flag.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2444, as amended, Hall. Confederate flag: sales: government
property.
   Existing law regulates the sale of certain merchandise, including
political items and sports memorabilia.
   This bill would prohibit the State of California from selling or
displaying the Battle Flag of the Confederacy, or a similar image, or
tangible personal property inscribed with those images, unless the
image appears in a book  or digital medium  that serves an
educational or historical purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 2.9 (commencing with Section
8195) is added to Division 1 of Title 2 of the   Government
Code   , to read:  
      CHAPTER 2.9.  CONFEDERATE FLAG


   8195.  (a) The State of California may not sell or display the
Battle Flag of the Confederacy, also referred to as the Stars and
Bars, or any similar image, or tangible personal property, inscribed
with such an image unless the image appears in a book or digital
medium that serves an educational or historical purpose.
   (b) For purposes of this section, "sell" means to transfer title
or possession, exchange, or barter, conditional or otherwise, in any
manner or by any means whatsoever, for consideration. "Transfer
possession" includes only transactions that would be found by the
State Board of Equalization, for purposes of the Sales and Use Tax
Law, to be in lieu of a transfer of title, exchange, or barter. 

  SECTION 1.    Section 53.5 is added to the Civil
Code, to read:
   53.5.  (a) The State of California may not sell or display the
Battle Flag of the Confederacy, also referred to as the Stars and
Bars, or any similar image, or tangible personal property inscribed
with such an image unless the image appears in a book that serves an
educational or historical purpose.
   (b) For purposes of this
    section, "sell" means to transfer title or possession, exchange,
or barter, conditional or otherwise, in any manner or by any means
whatsoever, for consideration. "Transfer possession" includes only
transactions that would be found by the State Board of Equalization,
for purposes of the Sales and Use Tax Law, to be in lieu of a
transfer of title, exchange, or barter.