FINAL BILL REPORT

HB 1686

                                  C 120 L 88

BYRepresentatives Nealey, Fisher, Belcher, Walker, Chandler, Beck, Grant, Silver, Fuhrman, May, Rasmussen, Moyer, Sanders, McLean and Miller

Regulating the use of the state seal.

House Committe on Constitution, Elections & Ethics

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

State law prohibits any person from using or making any die or impression of the state seal for any use unless written permission has first been obtained from the Secretary of State.  A violation of this prohibition is a gross misdemeanor.

SUMMARY:

The state seal may be used for official purposes only.  However, the Secretary of State may authorize in writing the use of the seal on commemorative and souvenir items and for historical, educational and civic purposes.  Application for such an authority must be in writing and must be accompanied by a filing fee set by the secretary.  If permitted uses could benefit the state financially the secretary may require a licensing agreement to secure those benefits.  The secretary must adopt rules to govern the use of the seal.

Any other use of the state seal on or in connection with any promotion for a product, business, organization, service or article is prohibited as is the use of any symbol that imitates the seal in any manner that would be an improper use of the official seal. The state seal may not be used in a political campaign to assist or defeat any candidate for elective office.  These provisions do not prohibit the reproduction of the seal for illustrative purposes by the news media if incidental to a publication or broadcast, or the use of a characterization of the seal in political cartoons.

Violators are liable for damages in an amount equal to the gross monetary amount gained by the misuse or use and for attorney's fees and other costs of the state in bringing the suit.  A violator is also subject to a civil penalty of not more than $5,000.

The Attorney General may seek appropriate injunctive relief to prevent violations.  Any person who wilfully violates these provisions is guilty of a misdemeanor.

All penalties and damages and all fees except filing fees must be deposited in the Capitol Building Construction Account for use in the historical restoration and completion of the Legislative Building.

Provisions of current law governing the use of the state seal are repealed.

VOTES ON FINAL PASSAGE:

      House 95   2

      Senate    31    17

EFFECTIVE:June 9, 1988