BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2444
Author: Hall (D), et al.
Amended: 7/1/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-1, 6/24/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-1, 5/5/14 - See last page for vote
SUBJECT : Confederate flag: sales: government property
SOURCE : California/Hawaii NAACP
DIGEST : This bill prohibits the State of California from
selling or displaying the Battle Flag of the Confederacy or its
image, as specified, unless the image appears in a book, digital
medium, or state museum that serves an educational or historical
purpose.
ANALYSIS : The United States Constitution provides that
Congress shall make no law abridging the freedom of speech, or
of the press, or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances.
The California Constitution provides the right of every person
to freely speak, write and publish his/her sentiments on all
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AB 2444
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subjects, being responsible for the abuse of this right.
Existing law prohibits a law from restraining or abridging
liberty of speech or press.
This bill:
1. Prohibits the State of California from selling or displaying
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, digital medium, or state museum that
serves an educational or historical purpose.
2. Defines "sell" for these purposes to mean transfer of title
or possession, exchange, or barter, conditional or otherwise
in any manner or by any means whatsoever, for consideration.
This bill further defines "transfer possession" to include
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 transfer of title, exchange, or barter.
Background
The Confederate flag, in its different variations (the first of
which was called "Stars and Bars"), served as the official flag
of the Confederate States of America from 1861 to 1865. The
most commonly recognized "Confederate flag" today is actually a
battle flag under General Lee, and is also known as "the rebel
flag," "Dixie flag," and "Southern cross." Throughout the 20th
century and into the 21st, the topic of displaying the
Confederate flag has engendered much controversy, particularly
in the south where it symbolizes southern pride to some portion
of the population, but also symbolizes the nation's history of
racism and bigotry for many others. For example, in 2000, South
Carolina passed a bill to remove to remove the Confederate flag
from the top of the State House dome which had been placed there
since the early 1960s by an all-white South Carolina
Legislature, though the flag was thereafter moved to the north
end of the state house as part of a compromise, where protests
have re-ensued to have the flag removed from there as well.
(See Adam Beam, SC marchers demand removal of Confederate battle
flag (Jan. 20, 2014),
[as of May 25, 2014].)
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Although the ability of the government to curb racism in the
speech and non-violent expression of individuals is vastly
limited by the First Amendment, the United States Supreme Court
has held that the amendment does not hinder the power of the
state to regulate its own speech.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/30/14)
California/Hawaii NAACP (source)
Omega Psi Phi Fraternity, Inc.
California State Conference of the NAACP
Delta Sigma Theta Sorority
ARGUMENTS IN SUPPORT : According to the author:
The Confederate flag is a symbol of racism, exclusion,
oppression and violence towards many Americans. Its
symbolism and history is directly linked to the
enslavement, torture and murder of millions of Americans
through the mid-19th Century. Even today, its public
display is designed to instill fear, intimidation and a
direct threat of violence towards others.
The State of California should not be in the business of
promoting racism, exclusion, oppression or violence and
that it should not allow taxpayer resources to be used to
market hate towards others.
ASSEMBLY FLOOR : 72-1, 5/5/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove,
Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
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NOES: Donnelly
NO VOTE RECORDED: Beth Gaines, Logue, Mansoor, Melendez,
Patterson, Waldron, Vacancy
AL:d 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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