BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 539|
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VETO
Bill No: SB 539
Author: Glazer (D)
Amended: 7/16/15
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 9/3/15 (pursuant to
Senate Rule 29.10)
AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill,
Hueso, Lara, McGuire, Runner, Vidak
NO VOTE RECORDED: Galgiani
SENATE FLOOR: 31-2, 9/8/15
AYES: Allen, Beall, Berryhill, Block, Cannella, De León,
Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg,
Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,
Mitchell, Monning, Pan, Pavley, Roth, Stone, Vidak,
Wieckowski, Wolk
NOES: Anderson, Nielsen
NO VOTE RECORDED: Bates, Fuller, Mendoza, Moorlach, Morrell,
Nguyen, Runner
ASSEMBLY FLOOR: 64-11, 8/31/15 - See last page for vote
SUBJECT: Public property: names: Confederate States of
America
SOURCE: Author
DIGEST: This bill prohibits, as of January 1, 2017, naming any
school, park, building or other public property after certain
persons associated with the Confederate States of America, and
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requires removal of existing Confederate names by January 1,
2017.
ANALYSIS:
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:
1)Provides that on and after January 1, 2017, the name of an
elected leader or senior military officer of the Confederate
States of America shall not be used to name state or local
public property. If such a name is used to name state or
local public property prior to January 1, 2017, the name shall
be changed and any sign associated with the name shall be
removed.
2)Prohibits the provisions of this bill from being construed to
require renaming a city, county, or other political
jurisdiction that was named after an elected leader or senior
military officer of the Confederate States of America prior to
January 1, 2016, nor shall this bill's provisions be construed
to require the renaming of any school, building, park,
roadway, or other property that incorporates the name of the
city, county, or political jurisdiction in which it is
situated.
3)Finds and declares the following:
a) The Confederate States of America's secessionist
movement was rooted in the defense of slavery and that to
this day Confederate symbols sow racial divisions in our
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society.
b) Using names of Confederate leaders to name California
schools, parks, buildings, roadways, and other public
property is antithetical to California's mission for racial
equality and that California is opposed to enshrining names
associated with the Confederate States of America.
c) Other individuals, such as the escaped slave,
abolitionist, orator, writer, and statesmen, Frederick
Douglas, better represent our aspirations for social good.
Background
This bill prohibits naming any school, building, park, roadway,
or other state or local property, after an elected leader or
senior military officer of the Confederacy. This bill also
requires that any existing Confederate names be changed by
January 1, 2017, and any sign associated with the names be
removed.
The author's office notes that there are at least two known
California public schools named after the Confederate military
leader, General Robert E. Lee, one in Long Beach and the other
in San Diego, and another in Stockton named after the 10th
President of the United States, John Tyler, who later in life
served in the House of Representatives of Confederate States of
America. There are also plaques in Southern California and
along stretches of Highway 99 that allegedly contain tributes to
Jefferson Davis, the President of the Confederate States of
America; however, it is not clear whether these plaques are on
public land, or whether government or private entities placed
them there.
This bill expressly states that any towns or cities named after
Confederate political and military leaders (such as the city of
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Fort Bragg, California, named after Confederate General Braxton
Bragg) will not be subject to this bill. Similarly, no school,
park, building, roadway, or other public property that shares a
name with the city in which it is situated will be subject to
this bill.
According to the author, the "use of Confederate-associated
names in California public schools, buildings, parks, roadways,
and other public property is antithetical to California's
mission for racial equality." The author contends that "the
Confederate States of America and its secessionist movement were
rooted in slavery," and therefore "California has no interest in
enshrining the names of those associated with the Confederacy,
its secessionist movement, or their ideals in our public
schools, buildings, parks, or other state property."
Related/Prior Legislation
AB 2444 (Hall, Chapter 538, Statutes of 2014) prohibited the
State of California from selling or displaying the Battle Flag
of the Confederacy, or a 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, minor
reimbursable costs to replace signage on impacted properties.
SUPPORT: (Verified 10/13/15)
The Los Angeles Urban Policy Roundtable
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OPPOSITION:(Verified 10/13/15)
None received
GOVERNOR'S VETO MESSAGE:
I am returning SB 539 without my signature.
This bill would prohibit the naming of any school, park,
building or other public property after certain persons
associated with the Confederate States of America.
Recently we saw a national movement to remove the
confederate flag from State Capitols in the South - a long
overdue action. This bill, however, strikes me as
different and an issue quintessentially for local decision
makers.
As far as we know, only two schools, and a street in
Stockton would be affected by this law. Existing local
processes provide for the naming or re-naming of public
facilities, and in several cases local residents have
voiced their opposition and have succeeded in re-naming
schools and other public property.
Local governments are laboratories of democracy which,
under most circumstances, are quite capable of deciding for
themselves which of their buildings and parks should be
named, and after whom.
ASSEMBLY FLOOR: 64-11, 8/31/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,
Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu,
Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
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Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, McCarty, Medina, Mullin, Nazarian, Obernolte,
O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Weber, Williams, Wood, Atkins
NOES: Bigelow, Brough, Chávez, Beth Gaines, Gallagher, Harper,
Jones, Mathis, Patterson, Waldron, Wilk
NO VOTE RECORDED: Frazier, Grove, Mayes, Melendez, Olsen
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
11/4/15 13:34:12
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