BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        ACR 95|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                      CONSENT 


          Bill No:  ACR 95
          Author:   Mathis (R), et al.
          Amended:  7/13/15 in Assembly
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/28/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  75-0, 3/10/16 (Consent) - See last page for  
            vote

           SUBJECT:   American Flag


          SOURCE:    Author


          DIGEST:  This resolution declares that the American flag is an  
          inseparable part of California's rich history, tradition, and  
          culture and that the American flag represents the values of  
          freedom and liberty.  This resolution also calls upon the state  
          and local governments to prohibit any government entity in the  
          state from banning the American flag from public property,  
          including, but not limited to, public schools, public colleges,  
          public universities, state beaches, public parks, public  
          monuments, museums, and government offices. 


          ANALYSIS:  


          Existing law: 










                                                                     ACR 95  
                                                                    Page  2



          1)Provides as a matter of federal law that the flag should be  
            displayed daily on or near the main administration building of  
            every public institution and also provides that the flag  
            should be displayed during school days in or near every  
            schoolhouse. (4 U.S.C. Sec. 6(e), (g).)


          2)Requires, as a matter of state law, that the American and  
            California State flags be prominently displayed during  
            business hours upon or in front of the buildings or grounds  
            of, or at specified places, including: at the entrance or upon  
            the grounds of each campus of the University of California  
            (UC) and at the entrance or upon the grounds or upon the  
            administration building of every university, college, high  
            school, and elementary school, both public and private, within  
            the State.  


          3)Provides that no person, private entity, or governmental  
            agency shall adopt any rule, regulation, or ordinance, or  
            enter into any agreement or covenant, that prevents any person  
            or private entity that would otherwise have the legal right to  
            display a U.S. flag on private property from exercising that  
            right, unless it is used as, or in conjunction with, an  
            advertising display.  Existing law further provides, however,  
            that this shall not be construed to prevent a city, county, or  
            city and county from imposing reasonable restrictions as to  
            the time, place, and manner of placement or display of a Flag  
            of the United States when necessary for the preservation of  
            the public's health, safety, or order.  


          4)Prohibits a local government agency from adopting any policy  
            or regulation that prohibits or restricts an employee of that  
            agency from displaying a U.S. flag, or a pin of that flag, on  
            his or her person, in his or her workplace, or on a local  
            government agency vehicle operated by that employee.  Existing  
            law further provides, however, that this shall not be  
            construed to prevent a local government agency from imposing  
            reasonable restrictions as to the time, place, and manner of  
            placement or display of a U.S. flag when necessary for the  
            preservation of the order or discipline of the workplace.  








                                                                     ACR 95  
                                                                    Page  3





          This resolution: 


          1)States, among other things: 

                 On June 6, 1944, more than 160,000 American and Allied  
               troops carrying the "Stars and Stripes" landed along a  
               50-mile stretch of heavily fortified French coastline in  
               Normandy to liberate Europe from the forces of Nazi  
               Germany. More than 9,000 Allied soldiers were killed or  
               wounded on D-Day to free Europe from fascist occupation; 

                 On February 23, 1945, five Marines and a Navy Corpsman  
               raised the American flag atop Mount Suribachi during the  
               Battle of Iwo Jima. It was a hard-fought victory over  
               imperialism at the cost of 5,900 U.S. service members  
               killed and 17,400 wounded against 23,000 Japanese army and  
               naval forces fighting from an entrenched network of caves,  
               dugouts, tunnels and underground installations; and

                 On July 20, 1969, astronauts Neil Armstrong and Buzz  
               Aldrin became the first human beings to set foot on the  
               surface of the moon, where they placed the American flag.  
               There, the flag has stood a decades-long vigil upon the Sea  
               of Tranquility as a gesture of peace for all mankind; 

                 On September 11, 2001, in the aftermath of the terrorist  
               attack which destroyed the World Trade Center, three New  
               York City firefighters, George Johnson of Rockaway Beach,  
               Ladder 157, Dan McWilliams of Long Island, Ladder 157, and  
               Billy Eisengrein of Staten Island, Rescue 2, raised the  
               American flag over the smoldering ruins of Ground Zero  
               where the Twin Towers once stood. It was an act of defiance  
               against those who sought to break the unconquerable values  
               of freedom and liberty which the American flag represents;  
               and

                 In 2015, the U.S. will provide $35.4 billion in foreign  
               assistance programs to more than 100 countries around the  
               world through the efforts of over 20 different government  








                                                                     ACR 95  
                                                                    Page  4



               agencies. These investments will further America's foreign  
               policy interests on issues ranging from expanding free  
               markets, combating extremism, and ensuring stable  
               democracies, to addressing the root causes of poverty,  
               while simultaneously establishing the American flag as the  
               undisputed image of global good will.


          1)Declares that the American flag is an inseparable part of  
            California's rich history, tradition, and culture and  
            represents the values of freedom and liberty, and calls upon  
            the state and local governments to prohibit any government  
            entity in the state from banning the American flag from public  
            property, including, but not limited to, public schools,  
            public colleges, public universities, state beaches, public  
            parks, public monuments, museums, and government offices.


          Background


          Earlier this year, a UC campus student group narrowly passed a  
          resolution that resolved to make the Associated Students main  
          lobby space as inclusive as possible and, as a result, to ban  
          the flags of any nation from the lobby area of student  
          government offices.  (See Associated Students of UC Irvine  
          (ASUCI) R50-70  
           
                                                                    Page  5




           Flags function specifically for a nation and people are  
            assimilated into national ideologies by deployment of this  
            cultural artifact;

           Flags construct paradigms of conformity and sets homogenized  
            standards for others to obtain which in this country typically  
            are idolized as freedom, equality, and democracy; 

           Symbolism is interpreted differently by different groups or  
            persons based on individual unique experiences;

           A common ideological understanding of the United [S]tates  
            includes American exceptionalism and superiority;

           The American flag has been flown in instances of colonialism  
            and imperialism;

           Symbolism has negative and positive aspects that are  
            interpreted differently by individuals;

           Displaying a flag does not express only selective aspects of  
            its symbolism but the entire spectrum of its interpretation;

           Designing a culturally inclusive space is taken seriously by  
            ASUCI;

           Designing a culturally inclusive space aims to remove barriers  
            that create undue effort and separation by planning and  
            designing spaces that enable everyone to participate equally  
            and confidently;

           Designers should be careful about using cultural symbols as  
            the symbols will inherently remain open for interpretation;

           A high-quality culturally inclusive space is essential in any  
            society that embodies a dynamic and multifaceted culture;

           Freedom of speech is a valued right that ASUCI supports; and

           Freedom of speech, in a space that aims to be as inclusive as  
            possible can be interpreted as hate speech.  (Id.)








                                                                     ACR 95  
                                                                    Page  6





          The ASUCI resolution triggered enormous controversy and  
          widespread news coverage, and even resulted in security concerns  
          for the students involved, prompting the cancellation of the  
          school's legislative council meeting in the immediate aftermath.  
           According to reports, by the next day, it had formed a trending  
          topic on Twitter and many students and faculty members across  
          the campus denounced the idea.  Notably, the resolution has  
          never taken effect as the Executive Cabinet of the student  
          government promptly vetoed the ban on the display of flags  
          within two days of its passage.  (See Shine and McGreevy, Does  
          UC Irvine Hate the American Flag? Not Exactly, Los Angeles Times  
          (Mar. 10, 2015)  
           
                                                                    Page  7





          As stated by the author: 


            In March 2015, the Legislative Council of the Associated  
            Students of the University of California, Irvine (ASUCI)  
            passed a resolution aimed at removing the American flag from  
            the lobby of a building housing the offices of student  
            government by banning all flags from the lobby. The vote  
            caused a public uproar, and the executive cabinet of ASUCI  
            vetoed the action days later.  [ACR 95:]


                     Resolves that the American Flag is an inseparable  
                 part of California's rich history, tradition, and  
                 culture; additionally, it declares that the American Flag  
                 represents the values of freedom and liberty. 


                     Resolves that the Legislature calls upon the State  
                 and local governments to prohibit any government entity  
                 in the state from banning the American Flag from public  
                 property, to include but not limited to: public schools,  
                 public colleges, public universities, state beaches,  
                 public parks, public monuments, museums, and government  
                 offices. 


          In support, a coalition of veterans groups writes that their  
          members "put their lives on the line serving this country under  
          the Red, White & Blue and do not believe that governmental  
          entities should disrespect or ban our nation's colors! Too many  
          lives have been lost fighting for this nation, for our freedom  
          and liberty under that flag."  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/1/16)








                                                                     ACR 95  
                                                                    Page  8





          American G.I. Forum of California
          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          Military Officers Association of America, California Council of  
          Chapters
          Veterans of Foreign Wars, Department of California
          Vietnam Veterans of America, California State Council


          OPPOSITION:   (Verified7/1/16)


          None received




          ASSEMBLY FLOOR:  75-0, 3/10/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Chiu, Gallagher, Roger Hernández, O'Donnell


          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          7/29/16 10:50:10


                                   ****  END  ****









                                                                     ACR 95  
                                                                    Page  9