SENATE 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

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 22, 1988

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; Garrett, Halsan, Metcalf, Pullen.

Senate Staff:Sam Thompson (786-7754); Desley Brooks (786-7443)

                  February 23, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 22, 1988

BACKGROUND:

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

Reported misuse of the state seal has led to the suggestion that more comprehensive controls should be enacted.

SUMMARY:

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

Any unauthorized use of the state seal in any promotion for a product, business, organization, service or article is prohibited.  The state seal may not be used in a political campaign to assist or defeat any candidate for elective office.  Also prohibited is the use of any symbol that imitates the seal in a manner that would be an improper use of the official seal.  Violators are liable for the amount gained by the misuse of the seal and for attorney's fees and other costs of the state in bringing the suit.  A violator also is subject to a civil penalty of up to $5,000.

The reproduction of the seal by the news media is not prohibited if it is incidental to a publication or broadcast.  Characterization of the seal in political cartoons is also permissable.

The secretary will conduct investigations for violations and may request enforcement by the Attorney General who 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 restoration and completion of the Legislative Building.

Provisions of law governing the use of the state seal are repealed.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: Representative Nealey (pro)