Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2444

Introduced by Assembly Member Hall

(Coauthors: Assembly Members Bloom, Bradford, Brown, Fox, Holden, Jones-Sawyer, Nestande, Ting, and Weber)

(Coauthors: Senators Mitchell and Yee)

February 21, 2014

An act to add Section 53.5 to the Civil Code, relating to the Confederate flag.

LEGISLATIVE COUNSEL’S DIGEST

AB 2444, as amended, Hall. Confederate flag: sales: government property.

Existing law regulates the sale of certain merchandise, including political items and sports memorabilia.

This bill would prohibit the begin delete sale of a Confederate flag end delete begin insert State of California from selling or displaying the Battle Flag of the Confederacy, or a similar image, end insert or tangible personal property inscribed with begin delete the image of a Confederate flag on property owned or operated by the state end delete begin insert those images, unless the image appears in a book that serves an educational or historical purpose end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Section 53.5 is added to the Civil Code, to read:

53.5.  

(a)  begin delete A person end delete begin insert The State of California end insert begin insert end insert may not sell begin delete a
Confederate flag end delete begin insert or display the Battle Flag of the Confederacy,
also referred to as the Stars and Bars, or any similar image, end insert or
tangible personal property inscribed with begin delete the end delete begin insert such an end insert image begin delete of a
Confederate flag on property owned or operated by the state end delete begin insert unless
the image appears in a book that serves an educational or
historical purpose end insert .

(b) For purposes of this begin delete section, all of the following apply: end delete

begin delete

(1) “Person” means any individual, partnership, firm, joint stock
company, corporation, limited liability company, association, trust,
estate, or other legal entity.

end delete

begin delete (2) end delete begin delete   end delete begin delete “Sell” end delete begin insert section, “sell end insert begin insert ” end insert means to transfer title or possession,
exchange, or barter, conditional or otherwise, in any manner or by
any means whatsoever, for consideration. “Transfer possession”
includes 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 a transfer of title, exchange, or barter.