AB 1521 Alcoholic beverages: labels: Crazy Horse.
BILL NUMBER: AB 1521 INTRODUCED 02/24/95
BILL TEXT
INTRODUCED BY Assembly Members Lee, Ducheny, and Willard Murray
(Coauthor: Senator Watson)
FEBRUARY 24, 1995
An act to add Section 25201 to the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1521, as introduced, Lee. Alcoholic beverages: labels:
Crazy Horse.
Under existing law, the federal Bureau of Alcohol, Tobacco
and Firearms approves and certifies the labeling of alcoholic
beverages bottled or distributed in the United States. The
state Department of Alcoholic Beverage Control regulates the
content of alcoholic beverage labels with respect to alcohol
content and the name of the manufacturer, rectifier, importer,
wholesaler, or bottler.
This bill would make legislative findings and declarations
regarding the use of the name "Crazy Horse" in connection with
an alcoholic beverage label. It would provide that it shall be
unlawful for any alcoholic beverage bottled, sold, or
distributed in California to carry a label bearing the name
"Crazy Horse."
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by
this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee:
yes. State-mandated local program: yes.
SECTION 1. The Legislature finds and declares the following:
(a) Crazy Horse was an Oglala Sioux leader who is considered
to be not only a hero and great Sioux warrior, but also a
spiritual leader of all Native American people.
(b) Native Americans are taught to honor and respect their
ancestors, and believe that the spirits of their ancestors
remain present after their death. Crazy Horse thus remains a
powerful influence among Native American people, and is a symbol
of traditional Native American religion. Moreover, traditional
names are considered sacred by Native Americans and are an
important part of their identity.
(c) Crazy Horse was outspoken in his opposition to the
consumption of alcohol by Native Americans, and would never have
consented to the use of his name to market an alcoholic
beverage. The use of his name on a malt liquor is both
disrespectful of his memory and degrading to his descendants and
all Native American people.
(d) The Native American community has been devastated by
alcohol abuse. The use of the name "Crazy Horse" in connection
with an alcoholic beverage contributes to a stereotypical
association between Native American people and alcohol.
(e) There is a strong emphasis in our schools, especially in
communities of color, to educate and empower youth through
cultural awareness. The use of cultural themes and symbols,
including the use of a name sacred to Native American culture,
to promote the consumption of alcohol is a disservice to all
young people, and to Native American young people in particular.
(f) This act is not intended to ban the sale of malt liquor
in California, but rather is intended to ban the use of the name
"Crazy Horse" on an alcoholic beverage.
SEC. 2. Section 25201 is added to the Business and Professions
Code, to read:
25201. It shall be unlawful for any alcoholic beverage
bottled, sold, or distributed in California to carry a label
bearing the name "Crazy Horse."
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution
because the only costs that may be incurred by a local agency or
school district will be incurred because this act creates a new
crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the
meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article
XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to
the California Constitution.