Amended in Senate May 23, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2444

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 begin delete Section 53.5 to the Civil end delete begin insert Chapter 2.9 (commencing with Section 8195) to Division 1 of Title 2 of the Government end insert 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 begin insert or digital medium end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 2.9 (commencing with Section 8195) is
added to Division 1 of Title 2 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 2.9. end insert Confederate Flag

 

begin insert 8195. end insert   

(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.

end insert

begin delete

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.

end delete