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 ofbegin delete a name associated withend deletebegin insert an elected leader or senior military officer ofend insert the Confederate States of America to namebegin delete schools, government buildings, parks, roads, and otherend delete state or local property.begin delete The bill would define a name associated with the Confederate States of America to include the name of an elected leader or a senior military officer of the Confederacy.end delete
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.begin insert The bill would prohibit its provisions from being construed to require renaming of a city, county, or other political jurisdiction named after an elected leader or senior military officer of the Confederate States of America, or from requiring the renaming of property, as specified, that incorporates the name of the city, county, or political subdivision in which it is situated.end insert 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:
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.
P3 1(d) California is opposed to enshrining the names of those
2associated with the Confederate States of America, the secessionist
3movement, or their discriminatory ideals in our public schools,
4buildings, parks, roadways, and other state and local property.
5(e) California celebrates individuals who represent aspirations
6for social good, such as Frederick Douglass, one of America’s
7great historical figures.
8(f) Frederick Douglass was an African American social reformer,
9abolitionist, orator, writer, and statesman. After escaping
from
10slavery, he became a leader of the abolitionist movement, gaining
11note for his dazzling oratory and incisive antislavery writing,
12including his famous speech about what the 4th of July meant to
13slaves.
14(g) Frederick Douglass became one of the most famous
15intellectuals of his time, advising presidents and lecturing to
16thousands on a range of causes, including women’s rights and Irish
17home rule. Among Douglass’ writings are several autobiographies
18eloquently describing his experiences in slavery and his life after
19the Civil War.
The heading of Chapter 2.9 (commencing with Section
218195) of Division 1 of Title 2 of the Government Code is amended
22to read:
23
Section 8197 is added to the Government Code, to
27read:
(a) On and after January 1, 2017,begin delete a name associated begin insert an elected leader or senior military officer ofend insert the Confederate
29withend delete
30States of America shall not be used to name state or local property.
31Ifbegin delete a name associated with the Confederate States of Americaend deletebegin insert such
32a nameend insert is used to name state or local public property prior to
33January 1, 2017, the name shall be changed and any sign associated
34
with the name shall be removed.
35(b) For the purpose of this section, “name associated with the
36Confederate States of America” includes the name
of an elected
37leader or a senior military officer of the Confederacy.
38(b) Nothing in this section shall be construed to require the
39renaming of a city, county, or other political jurisdiction that was
40named after an elected leader or senior military officer of the
P4 1Confederate States of America prior to January 1, 2016, nor shall
2this section be construed to require the renaming of any school,
3building, park, roadway, or other property that incorporates the
4name of the city, county, or political jurisdiction in which it is
5situated.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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