BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2567| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2567 Page 2 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 AB 2567 Page 3 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 AB 2567 Page 4 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 AB 2567 Page 5 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 AB 2567 Page 6 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 **** END ****