Bill Text: CA SB539 | 2015-2016 | Regular Session | Enrolled
Bill Title: Public property: names: Confederate States of America.
Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB539 Detail]
Download: California-2015-SB539-Enrolled.html
BILL NUMBER: SB 539 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 8, 2015
AMENDED IN ASSEMBLY JUNE 29, 2015
AMENDED IN SENATE APRIL 27, 2015
AMENDED IN SENATE APRIL 14, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Glazer
(Principal coauthor: Senator Hall)
(Coauthors: Senators Block, Hueso, Huff, Lara, Mendoza, and
Wieckowski)
(Coauthors: Assembly Members Alejo, Baker, Chu, Cooper, Gipson,
Gonzalez, Jones-Sawyer, Weber, and Williams)
FEBRUARY 26, 2015
An act to amend the heading of Chapter 2.9 (commencing with
Section 8195) of Division 1 of Title 2 of, and to add Section 8197
to, the Government Code, relating to public property.
LEGISLATIVE COUNSEL'S DIGEST
SB 539, Glazer. Public property: names: Confederate States of
America.
(1) Existing law prohibits the sale or display of the Battle Flag
of the Confederacy, as specified, or its image, by the State of
California, subject to exceptions serving educational or historical
purposes.
This bill would, on and after January 1, 2017, prohibit the use of
an elected leader or senior military officer of the Confederate
States of America to name state or local property. The bill would
require a name associated with the Confederate States of America used
to name state or local property prior to January 1, 2017, to be
changed and any sign associated with the name to be removed. The bill
would prohibit its provisions from being construed to require
renaming of a city, county, or other political jurisdiction named
after an elected leader or senior military officer of the Confederate
States of America, or from requiring the renaming of property, as
specified, that incorporates the name of the city, county, or
political jurisdiction in which it is situated. By increasing the
duties of local officials, this bill would impose a state-mandated
local program. The bill would also make a statement of legislative
findings and a conforming change.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Confederate States of America's secessionist movement was
rooted in the defense of slavery.
(b) Currently, certain ideological groups use the symbols of this
movement to demean and offend whole segments of our society while
sowing racial divisions.
(c) The use of names of political leaders and senior military
officers of the Confederate States of America to name California
public schools, buildings, parks, roadways, and other state and local
property is antithetical to California's mission for racial
equality.
(d) California is opposed to enshrining the names of those
associated with the Confederate States of America, the secessionist
movement, or their discriminatory ideals in our public schools,
buildings, parks, roadways, and other state and local property.
(e) California celebrates individuals who represent aspirations
for social good, such as Frederick Douglass, one of America's great
historical figures.
(f) Frederick Douglass was an African American social reformer,
abolitionist, orator, writer, and statesman. After escaping from
slavery, he became a leader of the abolitionist movement, gaining
note for his dazzling oratory and incisive antislavery writing,
including his famous speech about what the 4th of July meant to
slaves.
(g) Frederick Douglass became one of the most famous intellectuals
of his time, advising presidents and lecturing to thousands on a
range of causes, including women's rights and Irish home rule. Among
Douglass' writings are several autobiographies eloquently describing
his experiences in slavery and his life after the Civil War.
SEC. 2. The heading of Chapter 2.9 (commencing with Section 8195)
of Division 1 of Title 2 of the Government Code is amended to read:
CHAPTER 2.9. THE FREDERICK DOUGLASS LIBERTY ACT
SEC. 3. Section 8197 is added to the Government Code, to read:
8197. (a) On and after January 1, 2017, an elected leader or
senior military officer of the Confederate States of America shall
not be used to name state or local property. If such a name is used
to name state or local public property prior to January 1, 2017, the
name shall be changed and any sign associated with the name shall be
removed.
(b) Nothing in this section shall be construed to require the
renaming of a city, county, or other political jurisdiction that was
named after an elected leader or senior military officer of the
Confederate States of America prior to January 1, 2016, nor shall
this section be construed to require the renaming of any school,
building, park, roadway, or other property that incorporates the name
of the city, county, or political jurisdiction in which it is
situated.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
