HOUSE BILL REPORT

HB 1686

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

Majority Report:  Do pass.  (7)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, R. King, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 10, 1988

BACKGROUND:

State law prohibits any person from using or making any die or impression of the state seal for any use whatsoever, 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 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 or that is deceptively similar in appearance to the seal in any manner that would be an improper use of the official seal. 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 state seal may not be used in a political campaign to assist or defeat any candidate for elective office.  No use of the seal may operate as an endorsement of any business, organization, product, service or article.

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 a characterization of the seal from being used in political cartoons.

The Secretary must conduct investigations for violations and may request enforcement by the Attorney General.  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.

Revenue:    The bill has a revenue impact (1986 fiscal note).

Fiscal Note:      Requested January 26, 1988.

House Committee ‑ Testified For:    Representative Nealey; and Ralph Munro, Secretary of State

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) An insurance office circulated one of its letters with the state seal on it implying the office had the endorsement of the state, which was not true.  Currently, the state can do little about it. (2) With the centennial celebration coming up, the state needs to control the use of the seal on commemorative items.  (3) A recent use of the seal on athletic clothing is unbelievable and caused a flood of protests to be received by the Secretary of State's office.

House Committee - Testimony Against:      None Presented.