Amended in Assembly July 8, 2015

Amended in Assembly June 29, 2015

Amended in Senate April 27, 2015

Amended in Senate April 14, 2015

Amended in Senate April 6, 2015

Senate BillNo. 539


Introduced by Senator Glazer

(Principal coauthor: Senator Hall)

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(Coauthors: Senators Block, Hueso, Huff, Lara, Mendoza, and Wieckowski)

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(Coauthors: Assembly Members Alejo, Baker, Chu, Cooper, Gipson, Gonzalez, Jones-Sawyer, Weber, and Williams)

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February 26, 2015


An act to amend the heading of Chapter 2.9 (commencing with Section 8195) of Division 1 of Title 2 of, and to add Section 8197 to, the Government Code, relating to public property.

LEGISLATIVE COUNSEL’S DIGEST

SB 539, as amended, Glazer. Public property: names: Confederate States of America.

(1) Existing law prohibits the sale or display of the Battle Flag of the Confederacy, as specified, or its image, by the State of California, subject to exceptions serving educational or historical purposes.

This bill would, on and after January 1, 2017, prohibit the use of a name associated with the Confederate States of America to name schools, government buildings, parks, roads, and other state or local property. The bill would define a name associated with the Confederate States of America tobegin delete include, but not be limited to,end deletebegin insert includeend insert the name of an elected leader or a senior military officer of the Confederacy. The bill would require a name associated with the Confederate States of America used to name state or local property prior to January 1, 2017, to be changed and any sign associated with the name to be removed. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would also make a statement of legislative findings and a conforming change.

(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The Confederate States of America’s secessionist movement
4was rooted in the defense of slavery.

5(b) Currently, certain ideological groups use the symbols of this
6movement to demean and offend whole segments of our society
7while sowing racial divisions.

8(c) The use of names of political leaders and senior military
9officers of the Confederate States of America to name California
10public schools, buildings, parks, roadways, and other state and
11local property is antithetical to California’s mission for racial
12equality.

13(d) California is opposed to enshrining the names of those
14associated with the Confederate States of America, the secessionist
15movement, or their discriminatory ideals in our public schools,
16buildings, parks, roadways, and other state and local property.

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17(e) California celebrates individuals who represent aspirations
18for social good, such as Frederick Douglass, one of America’s
19great historical figures.

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P3    1(f) Frederick Douglass was an African American social
2reformer, abolitionist, orator, writer, and statesman. After escaping
3 from slavery, he became a leader of the abolitionist movement,
4gaining note for his dazzling oratory and incisive antislavery
5writing, including his famous speech about what the 4th of July
6meant to slaves.

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7(g) Frederick Douglass became one of the most famous
8intellectuals of his time, advising presidents and lecturing to
9thousands on a range of causes, including women’s rights and
10Irish home rule. Among Douglass’ writings are several
11autobiographies eloquently describing his experiences in slavery
12and his life after the Civil War.

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SEC. 2.  

The heading of Chapter 2.9 (commencing with Section
148195) of Division 1 of Title 2 of the Government Code is amended
15to read:

16 

17Chapter  2.9. begin deleteConfederate Symbolsend deletebegin insert The Frederick
18Douglass Liberty Actend insert
19

 

20

SEC. 3.  

Section 8197 is added to the Government Code, to
21read:

22

8197.  

(a) On and after January 1, 2017, a name associated
23with the Confederate States of America shall not be used to name
24state or local property. If a name associated with the Confederate
25States of America is used to name state or local public property
26prior to January 1, 2017, the name shall be changed and any sign
27associated with the name shall be removed.

28(b) For the purpose of this section, “name associated with the
29Confederate States of America”begin delete includes, but is not limited to,end delete
30begin insert includesend insert the name of an elected leader or a senior military officer
31of the Confederacy.

32

SEC. 4.  

If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.



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