BILL ANALYSIS
Bill No: SB
572
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 572 Author: Leno
As Introduced: February 27, 2009
Hearing Date: April 14, 2009
Consultant: Art Terzakis
SUBJECT
Harvey Milk Day: official designation
DESCRIPTION
SB 572 designates May 22nd of each year as "Harvey Milk
Day," a day of special significance. Specifically, this
measure:
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.
EXISTING LAW
Existing law requires public schools to close on or for a
number of holidays, including, January 1; Dr. Martin Luther
SB 572 (Leno) continued
Page 2
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
American Day; the first Sunday in October, as Stepparents
Day; and, December 7th, as Pearl Harbor Day.
BACKGROUND
SB 572 (Leno) continued
Page 3
According to the author's office, "Harvey Milk's legacy as
a civil rights leader is still felt today. He was named
one of TIME Magazine's most influential people of the 20th
century. Many institutions and organizations are named for
Harvey Milk to commemorate his life and social
contributions. Perhaps more than any other modern figure,
Harvey Milk's life and political career embody the rise of
the lesbian, gay, bisexual, and transgender (LGBT) civil
rights movement. He was the first openly gay person to be
elected to public office in a major city, serving on the
San Francisco Board of Supervisors from 1977-1978." 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 measure primarily
proposes to designate May 22 as a day having special
significance; as such, SB 572 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 suitable
commemorative exercises is left to the local education
agency.
Arguments in Support: Proponents note 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. SB 572 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."
Additionally, proponents of this measure believe that
sexuality and gender tolerance should be a core component
SB 572 (Leno) continued
Page 4
of teaching and learning about the civil rights movement
and emphasize 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: Writing in opposition, Concerned
Women for America (CWA) believes that adding such
commemorative exercises reduces important classroom time in
core subjects. Additionally, CWA is of the opinion that
this specific subject raises the question of "whether it is
necessary or appropriate to teach young children about a
person's identity based on his/her sexual behavior,
particularly without parental permission."
Also writing in opposition, the Capitol Resource Family
Impact states that "instead of requiring schools to spend
an entire day focusing on a man for his sexual orientation,
lawmakers should emphasize true education for students."
Capitol Resource Family Impact believes "it is poor public
policy for lawmakers to establish politically correct days
of celebrating controversial figures that offend citizens
with traditional values."
Prior legislation:
AB 2567 (Leno) 2007-08 Session. Nearly identical to SB 572
(Leno) of 2009. (Vetoed by Governor - veto message stated,
"I respect the author's intent to designate May 22nd as
Harvey Milk Day and a day of special significance for
California public schools and educational institutions to
honor Harvey Milk as an important community leader and
public official in the city and county of San Francisco.
However, I believe his contributions should continue to be
recognized at the local level by those who were most
impacted by his contributions.")
SB 424 (Poochigian) Chapter 9, Statutes of 2005. Required
the Governor to proclaim April 24th of each year the
"California Day for Remembrance of the Armenian Genocide,"
in memory of the 1.5 million victims who were subjected to
torture, starvation, and murder, including death marches
into the Syrian desert, by the Rulers of the Ottoman
Turkish Empire and the exile of more than 500,000 innocent
people during the period from 1915 to 1923, inclusive, and
SB 572 (Leno) continued
Page 5
in honor of the survivors of those crimes against humanity.
SB 812 (Vincent) Chapter 156, Statutes of 2003. Required
the Governor to proclaim the third Saturday in June as
"Juneteenth National Freedom Day." It urged all
Californians to join in celebrating this day to honor and
reflect on the significant roles that African-Americans
have played in the history of the United States and how
they have enriched society through their steadfast
commitment to promoting freedom, brotherhood, and equality.
SB 984 (Polanco) Chapter 213, Statutes of 2000.
Established March 31 as "Cesar Chavez Day." It also
established the Cesar Chavez Day of Service and Learning
grant program, provided grants for activities that engaged
school pupils in community service on that day, and
required the Superintendent of Public Instruction to
develop a model curriculum on the life of Cesar Chavez,
and, upon approval of the State Board of Education, to
distribute the curriculum to each school.
AB 1953 (Baca), Chapter 637, Statutes of 1998. Established
"Native American Day," and authorized public school
governing boards to close for this holiday (pursuant to a
collective bargaining agreement). It also authorized
school districts to conduct exercises or instruction that
focuses students on the contributions of Native Americans
to this country. Additionally, it authorized the State
Board of Education to adopt a related model curriculum
guide and required the Governor to annually proclaim the
fourth Friday in September as "Native American Day."
SB 1373 (Torres), Chapter 1011, Statutes of 1994.
Authorized public school governing boards to close for
"Cesar Chavez Day" (pursuant to a collective bargaining
agreement).
SB 2410 (Rogers), Chapter 364, Statutes of 1990.
Established the current list of days having special
significance, when public schools are encouraged to observe
and conduct suitable commemorative exercises, as specified.
SUPPORT: As of April 10, 2009:
Ally Action
SB 572 (Leno) continued
Page 6
Anti-Defamation League
Asian Americans for Civil Rights & Equality
Asian Pacific American Legal Center
California Communities United Institute
California Federation of Teachers
California Teachers Association
Equality California
Gay-Straight Alliance Network
GroundSpark's Respect for All Project
Planned Parenthood Affiliates of California
San Francisco Unified School District
Yee, Betty T., Chair, State Board of Equalization
OPPOSE: As of April 10, 2009:
Capitol Resource Family Impact
Concerned Women for America
Traditional Values Coalition
And, numerous private individuals
DUAL REFERRAL: Senate Education Committee
FISCAL COMMITTEE: No.