BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1405|
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CONSENT
Bill No: AB 1405
Author: Assembly Judiciary Committee
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/18/13
AYES: Evans, Walters, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 69-0, 5/24/13 - See last page for vote
SUBJECT : Subversive Organization Registration Law: repeal
SOURCE : Author
DIGEST : This bill repeals The Subversive Organization
Registration Law (SORL), which requires the registration of
subversive organizations which are conceived and exist for the
purpose of undermining and eventually destroying the democratic
form of government in this state and in the United States.
ANALYSIS :
Existing law:
1.Establishes the SORL and requires every subversive
organization to register and file specified information with
the Secretary of State at various times, subject to public
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inspection. Among other things, existing law also prohibits
any subversive organization from sending, delivering, mailing,
or transmitting, or suffering or permitting to be sent,
delivered, mailed, or transmitted, to any person in this state
who is not a member of the organization any anonymous letter,
document, leaflet, or other written or printed matter.
2.Provides that any subversive organization which violates any
provision of this law, and any officer or member of the board
of directors, board of trustees, executive committee, or other
governing body of a subversive organization that violates any
provision of this law or permits or acquiesces in the
violation of any provision of this law, is guilty of a felony,
as specified. Any person who becomes or remains a member of
any subversive organization, or attends a meeting thereof,
with knowledge that the organization has failed to comply with
any provision of this law, is guilty of a misdemeanor, as
specified.
3.Defines "subversive organization" to mean every corporation,
association, society, camp, group, bund, political party,
assembly, and every body or organization composed of two or
more persons or members, which comes within either or both of
the following descriptions: (a) which directly or indirectly
advocates, advises, teaches, or practices, the duty, necessity
or propriety of controlling, conducting, seizing, or
overthrowing the government of the United States, of this
state, or of any political subdivision thereof by force or
violence; or (b) which is subject to foreign control, as
defined.
4.Provides that an organization is "subject to foreign control"
if either:
A. It solicits or accepts financial contributions, loans,
or support of any kind directly or indirectly from, or is
affiliated directly or indirectly with, a foreign
government or political subdivision thereof, an agent,
agency, or instrumentality of a foreign government or
political subdivision thereof, a political party in a
foreign country, or an international political
organization; or
B. Its policies, or any of them, are determined by or at
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the suggestion of, or in collaboration with, a foreign
government or political subdivision thereof, an agent,
agency, or instrumentality of a foreign government or a
political subdivision thereof, a political party in a
foreign country, or an international political
organization.
1.Exempts from the definition of subversive organization any
labor unions, religious, fraternal, or patriotic
organizations, societies, or associations whose objectives and
aims do not contemplate the overthrow of the U.S. or
California government, or of any political subdivision thereof
by force or violence.
This bill repeals the SORL in its entirety.
Background
In 1941, in midst of World War II, the Subversive Organization
Registration Act was enacted in California to require the
registration of organizations that may promote or seek the
overthrow of the United States or California government, or that
are under control of a foreign government, as specified, SB 132
(Biggar, Chapter 183, Statutes of 1941). Since renamed as the
SORL, and largely unchanged since added to the Corporations Code
in 1947, this law was "enacted in the exercise of the police
power of this state for the protection of the public peace and
safety by requiring the registration of subversive organizations
which are conceived and exist for the purpose of us and in the
United States." (Corp. Code Sec. 35000 et seq.; AB 1751 (Davis,
Sherwin, Brown, Crichton, Grunksy, Chapter 1038, Statutes of
1947) For these purposes, a subversive organization is any
corporation, association, society, camp, group, bund, political
party, assembly, and every body of organization composed of two
or more persons or members, that either or both, (1) directly or
indirectly advocates, advises, teaches, or practices, the duty,
necessity, or propriety of controlling, conducting, seizing, or
overthrowing the U.S. or California government or of any
political subdivision thereof by force or violence, or (2) is
subject to foreign control, as defined.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 6/28/13)
American Civil Liberties Union
ARGUMENTS IN SUPPORT : The American Civil Liberties Union
writes that, "This bill properly repeals antiquated and
unconstitutional language related to registration of so called
'subversive' groups. This statute is an unnecessary statutory
remnant of the McCarthy era and is inconsistent with
constitutional protections of free speech, freedom of
association, and political affiliations."
ASSEMBLY FLOOR : 69-0, 5/24/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bradford, Brown, Buchanan,
Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gordon, Hagman, Hall, Harkey,
Roger Hern�ndez, Jones, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell,
Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Salas, Stone, Ting, Wagner, Weber, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Bonta, Fox, Gorell, Gray, Grove, Holden,
Skinner, Waldron, Wilk, Vacancy, Vacancy
AL:ej 7/1/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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