Section § 8195

Explanation

This law prohibits the State of California from selling or displaying the Confederate flag, known as the Stars and Bars, or similar images, unless they are part of educational or historical presentations in books, digital media, or state museums.

The term 'sell' includes any transfer of ownership or possession in exchange for something else of value, and 'transfer possession' relates to transactions equivalent to those considered for sales and tax purposes by the State Board of Equalization.

(a)CA Government Code § 8195(a) The State of California may not sell or display the Battle Flag of the Confederacy, also referred to as the Stars and Bars, or any 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.
(b)CA Government Code § 8195(b) For purposes of this section, “sell” 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.