BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2567|
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THIRD READING
Bill No: AB 2567
Author: Leno (D), et al
Amended: 7/3/08 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 6-4, 6/10/08
AYES: Florez, Negrete McLeod, Padilla, Vincent, Wiggins,
Yee
NOES: Battin, Denham, Harman, Wyland
SENATE EDUCATION COMMITTEE : 6-3, 6/18/08
AYES: Scott, Alquist, Padilla, Romero, Simitian, Torlakson
NOES: Wyland, Denham, Maldonado
ASSEMBLY FLOOR : 45-28, 5/19/08 - See last page for vote
SUBJECT : Harvey Milk Day: official designation
SOURCE : Equality California
DIGEST : This bill requires the Governor to proclaim May
22 of each year as Harvey Milk Day, and designates that
date as having special significance in public school and
educational institutions and encourages those entities to
conduct suitable commemorative exercises on that date.
Senate Floor Amendments of 7/3/08 added coauthors and made
a technical change.
ANALYSIS : Existing law requires public schools to close
CONTINUED
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on or for a number of holidays, including: January 1; Dr.
Martin Luther King, Jr. Day; President Lincoln's birthday;
President Washington's Birthday; Memorial Day; July 4;
Labor Day; Veteran's Day; Thanksgiving Day; December 25;
all days appointed by the Governor or the President for a
public fast, thanksgiving or holiday; and, any other day
designated as a holiday by the governing board of the
school district.
Existing law authorizes public schools to close, if the
governing board pursuant to an agreement under collective
bargaining agrees, on or for a number of other holidays,
including Cesar Chavez Day and Native American Day, and
authorizes public schools to conduct exercises or
instruction that focuses students on the purpose of these
holidays.
Existing law requires public schools to remain open and
conduct appropriate commemorative exercises to celebrate
specific holidays, including the anniversary of the
adoption of the Constitution of the United States, the
birthday of Luther Burbank, Susan B. Anthony Day, and the
anniversary of the death of Crispus Attucks (Black American
Day).
Existing law, Education Code Section 37222, designates a
number of days as days having special significance, when
public schools are encouraged to observe and conduct
suitable commemorative exercises, as specified. These days
include the Day of the Teacher, John Muir Day, and
California Poppy Day.
Existing law, Government Code 6700 et seq., requires the
Governor to proclaim various days as holidays and days of
remembrance, including among others: the third Monday in
January, as Dr. Martin Luther King, Jr. Day; the month of
February, as Black History Month; February 12th, as Lincoln
Day; February 19th, as Japanese American Evacuation Day;
March 7th, as Arbor Day; March 31st, as Caesar Chavez Day;
April 24th, as California Day of Remembrance of the
Armenian Genocide; the third Saturday in June, as
Juneteenth National Freedom Day: a day of observance;
September 9th, as Admission Day; September 28th, as
Cabrillo Day; the fourth Friday in September, as Native
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American Day; the first Sunday in October, as Stepparents
Day; and, December 7th, as Pearl Harbor Day.
This bill:
1.Makes various legislative findings relative to Harvey
Milk's legacy as a civil rights leader and declares that
his life and social contributions have left an indelible
mark on the history of our nation and hold a special
meaning for the people of California.
2.Requires the Governor to proclaim May 22nd of each year
as Harvey Milk Day and designates that date as having
special significance in public schools and educational
facilities.
3.Encourages all public schools and educational
institutions to observe this day and conduct exercises
remembering and recognizing the life of Harvey Milk, his
accomplishments, and the contributions he made to this
state.
Comments
Harvey Barnard Milk (1930-1978) was a San Francisco Board
of Supervisor member from 1977-78, who along with Mayor
George Moscone (former State Senator), was assassinated by
former Board of Supervisor Dan White at San Francisco City
Hall on November 27, 1978. Milk was the first openly gay
person to be elected to public office in a major city of
the United States. Milk was also known in the Castro
Community of San Francisco before his election to the Board
of Supervisors as the "Mayor of Castro Street" for his
community leadership, and was unsuccessful in his bids to
the Board of Supervisors in 1973 and the State Assembly in
1975.
Harvey Milk was named in the "Heroes and Icons" section of
Time magazine's "Time 100: The Most Important People of
the Century." Many institutions and organizations are
named for Milk, including the Harvey Milk Recreational Arts
Centre, Harvey Milk Civil Rights Academy, the Harvey Milk
Institute, the Eureka Valley/Harvey Milk Memorial Branch
Library, and the Harvey Milk LGBT Democratic Club in San
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Francisco.
Outside of San Francisco are a number of alternative
schools named for Milk in the United States, including
Harvey Milk School in New York City. Oakes College at the
University of California, Santa Cruz has an on-campus
apartment building named Harvey Milk. The City of San
Francisco also erected a bust of Harvey Milk in City Hall
in tribute to his service and to memorialize his life's
work, which was installed on May 22, 2008.
Other tributes to Milk include the following: (1) in 1995,
the opera Harvey Milk by composer Stewart Wallace and
librettist Michael Korie was premiered by the Houston Grand
Opera, and in 1996 it was recorded on CD under Donald
Runnicles with San Francisco Opera orchestra and chorus,
(2) the 1999, TV film Execution of Justice based on the
1983 play (of the same title) written by Emily Mann,
reenacted the assassination, (3) in 2000, a TV film
American Justice: It's Not My Fault - Strange Defenses
examined the assassination with archival footage of Milk
and White, (4) in 2004, playwright and actor Jade Esteban
Estrada portrays Milk in the solo musical comedy ICONS:
the Lesbian and Gay History of the World, Vol. 2 , and (5) a
movie titled Milk will premier in November 2008.
The author's office states that, "this measure would put
California on record as recognizing the social
contributions that Harvey Milk made to our nation as a
civil rights leader. It would also allow schools to conduct
activities that would foster respect for all, and educate
students about an important figure who is often omitted
from history lessons."
The author's office indicates that this bill primarily
proposes to designate May 22 as a day having special
significance; as such, this bill does not result in
additional average daily attendance or funding for a school
district nor does it result in an additional holiday or day
of school closure. The designation of a day of
significance triggers statutory encouragement for public
schools to observe and conduct commemorative exercises
suitable to the day, as specified in law, the decision as
to whether to observe any day of significance or to conduct
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suitable commemorative exercises is left to the local
education agency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/7/08)
Equality California (source)
Alameda County Office of Education
Asian Americans for Civil Rights and Equality
Asian Pacific American Legal Center
California Commission on the Status of Women
California National Organization for Women
City and County of San Francisco
GSA Network
Lambda Letters Project
NAACP, California State Conference
San Francisco Mayor Gavin Newsom
San Francisco Unified School District
Service Employees International Union
Stonewall Democratic Club of Greater Sacramento
OPPOSITION : (Verified 7/7/08)
Concerned Women For America of California
Capitol Resource Family Impact
Traditional Values Coalition
ARGUMENTS IN SUPPORT : Supporters of this bill, the
California Commission on the Status of Women states that,
"lesbian, gay, bisexual, and transgender (LGBT) youth in
public schools and educational institutions face a dearth
of openly gay role models and historical figures. Harvey
Milk's significant contributions to the struggle for LGBT
equality are felt today, as even the process of coming out
in California public schools can prove lethal. AB 2567
would recognize Milk's lasting legacy as well as encourage
an open discussion about the historical and present-day
challenges faced by the LGBT community."
Also in support, the San Francisco Unified School District
(SFUSD) "believes that sexuality and gender tolerance
should be a core component of teaching and learning about
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the civil rights movement." The SFUSD emphasizes that
"Harvey Milk Day would give students, teachers, parents,
and our community an opportunity to engage in dialogue
about creating, maintaining, and strengthening a safe and
inclusive environment in schools."
ARGUMENTS IN OPPOSITION : Opponents of this bill, the
Concerned Women for America of California states that, "We
are concerned that adding such commemorative exercises
reduces important classroom time in core subjects. In
addition, this subject in particular raises the question of
whether it is necessary or appropriate to teach young
children about a person's identity based on his or her
sexual behavior, particularly without parental permission."
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Berg, Brownley, Caballero, Charles
Calderon, Coto, Davis, De La Torre, De Leon, DeSaulnier,
Dymally, Eng, Evans, Feuer, Fuentes, Furutani, Galgiani,
Hancock, Hayashi, Hernandez, Huffman, Jones, Karnette,
Krekorian, Laird, Leno, Levine, Lieber, Lieu, Mendoza,
Mullin, Nava, Nunez, Parra, Portantino, Price, Ruskin,
Salas, Saldana, Solorio, Swanson, Torrico, Wolk, Bass
NOES: Aghazarian, Anderson, Benoit, Berryhill, Carter,
Cook, DeVore, Duvall, Emmerson, Fuller, Gaines, Garcia,
Horton, Huff, Jeffries, Keene, La Malfa, Maze, Nakanishi,
Niello, Plescia, Sharon Runner, Silva, Smyth, Spitzer,
Strickland, Villines, Walters
NO VOTE RECORDED: Adams, Blakeslee, Garrick, Houston, Ma,
Soto, Tran
TSM:nl 7/8/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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