BILL NUMBER: AB 255	CHAPTERED  09/17/03

	CHAPTER  380
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  JUNE 24, 2003
	AMENDED IN ASSEMBLY  APRIL 7, 2003
	AMENDED IN ASSEMBLY  MARCH 25, 2003

INTRODUCED BY   Assembly Member Jerome Horton

                        FEBRUARY 4, 2003

   An act to add Section 18304 to the Elections Code, and to repeal
Section 25004.5 of the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 255, Jerome Horton.  Elections:  local government seals.
   Existing law provides that any person who uses or allows to be
used any reproduction or facsimile of the seal of a county in
campaign literature or a mass mailing with the intent to deceive the
voters is guilty of a misdemeanor.
   This bill would extend this provision to cover the use of a
reproduction or facsimile of the seal of a local government agency,
as defined by the bill to include a school district or special
district, thereby expanding the scope of a misdemeanor and, thus,
creating a state-mandated local program.
  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 no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 18304 is added to the Elections Code, to read:

   18304.  (a) Any person who uses or allows to be used any
reproduction or facsimile of the seal of the county or the seal of a
local government agency in any campaign literature or mass mailing,
as defined in Section 82041.5 of the Government Code, with intent to
deceive the voters, is guilty of a misdemeanor.
   (b) For purposes of this section, the use of a reproduction or
facsimile of a seal in a manner that creates a misleading, erroneous,
or false impression that the document is authorized by a public
official is evidence of intent to deceive.
   (c) For purposes of this section, the term "local government
agency" means a school district, special or other district, or any
other board, commission, or agency of local jurisdiction.
  SEC. 2.  Section 25004.5 of the Government Code is repealed.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.