California Legislature—2013–14 Regular Session

Assembly Bill No. 55

Introduced by Assembly Member Roger Hernández

January 7, 2013

An act to amend Sections 7.1, 1689.5, 1689.24, 1695.1, and 1812.303 of the Civil Code, to amend Sections 37220.7, 45203, 79020, and 88203 of the Education Code, and to amend Sections 6700, 6712, 19853, and 19853.1 of the Government Code, relating to holidays.

LEGISLATIVE COUNSEL’S DIGEST

AB 55, as introduced, Roger Hernández. State holidays: Native American Day.

Existing law establishes specified state holidays, including Columbus Day, which is celebrated on the 2nd Monday in October. Existing law provides that state employees are entitled to specified holidays unless these provisions are in conflict with the provisions of a memorandum of understanding, in which case that memorandum controls, as specified. Existing law defines specified days as business days for the purposes of certain contracts, including home solicitation contracts, and excepts Columbus Day from this definition. Existing law requires the Governor to proclaim annually the 4th Friday in September to be Native American Day. Existing law authorizes public schools and junior colleges, pursuant to memoranda of understanding, to be closed on Native American Day, and authorizes public school and community colleges to provide, pursuant to memoranda of understanding, a paid holiday on Native American Day to specified classified employees. Existing law permits a state employee, as defined, to elect to receive 8 hours of holiday credit for Native American Day in lieu of receiving 8 hours of personal holiday credit, as specified.

This bill would require that the Governor proclaim the 2nd Monday in October as Native American Day. The bill would eliminate references to Columbus Day in the provisions described above and, instead, apply Native American Day to those provisions. The bill would provide that the 2nd Monday in October is a holiday for state employees, would delete provisions permitting a state employee to elect to receive holiday credit for Native American Day in lieu of personal holiday credit, as described above, and would set forth specified legislative findings and declarations relative to recognizing and honoring Native American Day.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In order to recognize the genocide inflicted upon Native
Americans and their removal from their ancestral lands, and to
acknowledge the numerous contributions made by Native
Americans to California and the nation, the second Monday in
October, previously known as Columbus Day, shall be known as
Native American Day.

(b) In order to honor and recognize Native American Day with
the dignity and distinction that it deserves, this act grants state
employees a holiday on the second Monday in October. Local
agencies, including counties, cities, special districts, and school
districts, acting appropriately through the collective bargaining
process, may provide their employees with a paid holiday on the
second Monday in October so that Native American Day may be
appropriately honored throughout the state.

SEC. 2.  

Section 7.1 of the Civil Code is amended to read:

7.1.  

Optional bank holidays within the meaning of Section 9
are:

(a) Any closing of a bank because of an extraordinary situation,
as that term is defined in the Bank Extraordinary Situation Closing
Act (Chapter 20 (commencing with Section 3600) of Division 1
of the Financial Code).

(b) Every Saturday.

(c) Every Sunday.

(d) January 1st.

(e) The third Monday in January, known as “Dr. Martin Luther
King, Jr. Day.”

(f) February 12, known as “Lincoln Day.”

(g) The third Monday in February.

(h) The last Monday in May.

(i) July 4th.

(j) The first Monday in September.

(k) September 9th, known as “Admission Day.”

(l) The second Monday in October, known as begin delete “Columbus end delete
begin insert “Native American end insert Day.”

(m) November 11th, known as “Veteran’s Day.”

(n) December 25th.

(o) Good Friday from 12 noon until closing.

(p) The Thursday in November appointed as “Thanksgiving
Day.”

(q) Any Monday following any Sunday on which January 1st,
February 12th, July 4th, September 9th, November 11th, or
December 25th falls.

(r) Any Friday preceding any Saturday on which July 4th,
September 9th, or December 25th falls.

SEC. 3.  

Section 1689.5 of the Civil Code is amended to read:

1689.5.  

As used in Sections 1689.6 to 1689.11, inclusive, and
in Section 1689.14:

(a) “Home solicitation contract or offer” means any contract,
whether single or multiple, or any offer begin delete which end delete begin insert that end insert is subject to
approval, for the sale, lease, or rental of goods or services or both,
made at other than appropriate trade premises in an amount of
twenty-five dollars ($25) or more, including any interest or service
charges. “Home solicitation contract” does not include any contract
under which the buyer has the right to rescind pursuant to Title 1,
Chapter 2, Section 125 of the Federal Consumer Credit Protection
Act (P.L. 90-321) and the regulations promulgated pursuant thereto.

(b) “Appropriate trade premises,” means premises where either
the owner or seller normally carries on a business, or where goods
are normally offered or exposed for sale in the course of a business
carried on at those premises.

(c) “Goods” means tangible chattels bought for use primarily
for personal, family, or household purposes, including certificates
or coupons exchangeable for these goods, and including goods
that, at the time of the sale or subsequently, are to be so affixed to
real property as to become a part of the real property whether or
not severable therefrom, but does not include any vehicle required
to be registered under the Vehicle Code, nor any goods sold with
this vehicle if sold under a contract governed by Section 2982, and
does not include any mobilehome, as defined in Section 18008 of
the Health and Safety Code, nor any goods sold with this
mobilehome if either are sold under a contract subject to Section
18036.5 of the Health and Safety Code.

(d) “Services” means work, labor and services, including, but
not limited to, services furnished in connection with the repair,
restoration, alteration, or improvement of residential premises, or
services furnished in connection with the sale or repair of goods
as defined in Section 1802.1, and courses of instruction, regardless
of the purpose for which they are taken, but does not include the
services of attorneys, real estate brokers and salesmen, securities
dealers or investment counselors, physicians, optometrists, or
dentists, nor financial services offered by banks, savings
institutions, credit unions, industrial loan companies, personal
property brokers, consumer finance lenders, or commercial finance
lenders, organized pursuant to state or federal law, that are not
connected with the sale of goods or services, as defined herein,
nor the sale of insurance that is not connected with the sale of
goods or services as defined herein, nor services in connection
with the sale or installation of mobilehomes or of goods sold with
a mobilehome if either are sold or installed under a contract subject
to Section 18036.5 of the Health and Safety Code, nor services for
which the tariffs, rates, charges, costs, or expenses, including in
each instance the time sale price, is required by law to be filed
with and approved by the federal government or any official,
department, division, commission, or agency of the United States
or of the state.

(e) “Business day” means any calendar day except Sunday, or
the following business holidays: New Year’s Day, Washington’s
Birthday, Memorial Day, Independence Day, Labor Day, begin delete Columbus end delete
begin insert Native American end insert Day, Veterans’ Day, Thanksgiving Day, and
Christmas Day.

(f) This section shall become operative on January 1, 2006.

SEC. 4.  

Section 1689.24 of the Civil Code is amended to read:

1689.24.  

As used in Sections 1689.20 to 1689.23, inclusive:

(a) “Seminar sales solicitation contract or offer” means any
contract, whether single or multiple, or any offer begin delete which end delete begin insert that end insert is
subject to approval, for the sale, lease, or rental of goods or services
or both, made using selling techniques in a seminar setting in an
amount of twenty-five dollars ($25) or more, including any interest
or service charges. “Seminar sales solicitation contract” does not
include any contract under which the buyer has the right to rescind
pursuant to Title 1, Chapter 2, Section 125 of the Federal Consumer
Credit Protection Act (P.L. 90-321) and the regulations
promulgated pursuant thereto or any contract which contains a
written and dated statement signed by the prospective buyer stating
that the negotiation between the parties was initiated by the
prospective buyer.

(b) “Seminar setting” means premises other than the residence
of the buyer.

(c) “Goods” means tangible chattels bought for use primarily
for personal, family, or household purposes, including certificates
or coupons exchangeable for these goods, and including goods
which, at the time of the sale or subsequently, are to be so affixed
to real property as to become a part of the real property whether
or not severable therefrom, but does not include any vehicle
required to be registered under the Vehicle Code, nor any goods
sold with a vehicle if sold under a contract governed by Section
2982, and does not include any mobilehome, as defined in Section
18008 of the Health and Safety Code, nor any goods sold with a
mobilehome if either are sold under a contract subject to Section
18036.5 of the Health and Safety Code.

(d) “Services” means work, labor and services, including, but
not limited to, services furnished in connection with the repair,
alteration, or improvement of residential premises, or services
furnished in connection with the sale or repair of goods as defined
in Section 1802.1, and courses of instruction, regardless of the
purpose for which they are taken, but does not include the services
of attorneys, real estate brokers and salesmen, securities dealers
or investment counselors, physicians, optometrists, or dentists, nor
financial services offered by banks, savings institutions, credit
unions, industrial loan companies, personal property brokers,
consumer finance lenders, or commercial finance lenders, organized
pursuant to state or federal law, which are not connected with the
sale of goods or services, as defined herein, nor the sale of
insurance which is not connected with the sale of goods or services
as defined herein, nor services in connection with the sale or
installation of mobilehomes or of goods sold with a mobilehome
if either are sold or installed under a contract subject to Section
18036.5 of the Health and Safety Code, nor services for which the
tariffs, rates, charges, costs, or expenses, including in each instance
the time sale price, is required by law to be filed with and approved
by the federal government or any official, department, division,
commission, or agency of the United States or of the State of
California.

(e) “Business day” means any calendar day except Sunday, or
the following business holidays: New Year’s Day, Washington’s
Birthday, Memorial Day, Independence Day, Labor Day, begin delete Columbus end delete
begin insert Native American end insert Day, Veterans’ Day, Thanksgiving Day, and
Christmas Day.

SEC. 5.  

Section 1695.1 of the Civil Code is amended to read:

1695.1.  

The following definitions apply to this chapter:

(a) “Equity purchaser” means any person who acquires title to
any residence in foreclosure, except a person who acquires such
title as follows:

(1) For the purpose of using such property as a personal
residence.

(2) By a deed in lieu of foreclosure of any voluntary lien or
encumbrance of record.

(3) By a deed from a trustee acting under the power of sale
contained in a deed of trust or mortgage at a foreclosure sale
conducted pursuant to Article 1 (commencing with Section 2920)
of Chapter 2 of Title 14 of Part 4 of Division 3.

(4) At any sale of property authorized by statute.

(5) By order or judgment of any court.

(6) From a spouse, blood relative, or blood relative of a spouse.

(b) “Residence in foreclosure” and “residential real property in
foreclosure” means residential real property consisting of one- to
four-family dwelling units, one of which the owner occupies as
his or her principal place of residence, and against which there is
an outstanding notice of default, recorded pursuant to Article 1
(commencing with Section 2920) of Chapter 2 of Title 14 of Part
4 of Division 3.

(c) “Equity seller” means any seller of a residence in foreclosure.

(d) “Business day” means any calendar day except Sunday, or
the following business holidays: New Year’s Day, Washington’s
Birthday, Memorial Day, Independence Day, Labor Day, begin delete Columbus end delete
begin insert Native American end insert Day, Veterans’ Day, Thanksgiving Day, and
Christmas Day.

(e) “Contract” means any offer or any contract, agreement, or
arrangement, or any term thereof, between an equity purchaser
and equity seller incident to the sale of a residence in foreclosure.

(f) “Property owner” means the record title owner of the
residential real property in foreclosure at the time the notice of
default was recorded.

SEC. 6.  

Section 1812.303 of the Civil Code is amended to
read:

1812.303.  

(a) A membership camping contract shall be written
in the same language as that principally used in any oral sales
presentation (e.g., Spanish). A membership camping contract shall
be dated, signed by the purchaser, and contain, in immediate
proximity to the space reserved for the signature of the purchaser,
a conspicuous statement in a size equal to at least 10-point bold
type, as follows:  “You, the purchaser, may cancel this contract at
any time prior to midnight of the third business day after the date
of the transaction. See an explanation of this right as set forth in
this contract or on the attached notice of cancellation form.”  In
the alternative the notice of cancellation as set forth in subdivision
(b) may be placed in immediate proximity to the signature line of
the contract in lieu of the foregoing statement.

(b) The contract shall be accompanied by a completed form in
duplicate, captioned “Notice of Cancellation”, which shall be
attached to the contract and easily detachable. In the alternative,
the seller may include all of the cancellation information on the
contract and provide the consumer with a carbon copy which may
be retained after cancellation. Both shall contain, in type of at least
10-point, the following statement written in the same language as
used in the contract:

 

“Notice of Cancellation”

“You may cancel this contract, without any penalty or obligation, within three business days from the date the contract is executed.  “To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice or a copy of this contract if it contains the cancellation instructions, or any other written notice, or send a telegram to

, at (Name of seller)     (Address of seller’s place of business)

not later than midnight of    (Date)    .

I hereby cancel this transaction    (Date)    .

(Purchaser’s signature)

 

“With the notice of cancellation, or separately if a telegram is
sent, you must return the original membership camping contract,
membership card and all other evidence of membership to the
seller. You should promptly return these documents with the notice
of cancellation, or separately if a telegram is sent. Failure to send
the documents promptly could delay your refund. You should
retain for your records one copy of the cancellation notice, or a
carbon of the contract when it provides the cancellation
information, or other writing showing intent to cancel. Mailing by
ordinary mail is adequate but certified mail return receipt requested
is recommended.”

(c) On the date of purchase the membership camping operator
shall provide the purchaser with a copy of the contract and
duplicate of the notice of cancellation. The membership camping
operator shall inform the purchaser orally of the right to cancel at
the time the contract is executed.

(d) Within 20 days after the membership camping operator
receives a notice of cancellation, the membership camping contract,
the membership card and all other evidence of purchase or
membership, the membership camping operator shall refund to
the purchaser any sums paid as a deposit, downpayment or other
payment therefor. If the purchaser does not promptly return the
evidence of membership, the 20-day period shall be extended until
such evidence of membership is returned.

(e) Until the membership camping operator has complied with
this section, the purchaser shall have the right to cancel the
contract.

(f) “Business day” means any calendar day except Sunday, or
the following business holidays: New Year’s Day, Washington’s
Birthday, Memorial Day, Independence Day, Labor Day, begin delete Columbus end delete
begin insert Native American end insert Day, Veteran’s Day, Thanksgiving Day, and
Christmas Day.

SEC. 7.  

Section 37220.7 of the Education Code is amended to
read:

37220.7.  

(a) In addition to the holidays prescribed in Section
37220, public schools may be closed on the begin delete fourth Friday in end delete
begin delete September end delete begin insert second Monday in October end insert , known as “Native American
Day,” if the governing board, pursuant to a memorandum of
understanding reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government
Code, agrees to close schools for that purpose.

(b) On the begin delete fourth Friday in September end delete begin insert second Monday in end insert
begin insert October end insert , or begin insert , end insert if schools are closed on that date as specified in
subdivision (a), on an alternate day determined by the governing
board, public schools and educational institutions throughout this
state may include exercises, funded through existing resources,
commemorating and directing attention to the many contributions
that Native Americans have made to this country. The State Board
of Education may adopt a model curriculum guide to be available
for use by public schools for exercises related to Native American
Day.

SEC. 8.  

Section 45203 of the Education Code is amended to
read:

45203.  

All probationary or permanent employees that are a
part of the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of
the working day immediately preceding or succeeding the holiday:
January 1, February 12 known as “Lincoln Day,” the third Monday
in February known as “Washington Day,” the last Monday in May
known as “Memorial Day,” July 4, the first Monday in September
known as “Labor Day,” November 11 known as “Veterans Day,”
that Thursday in November proclaimed by the President as
“Thanksgiving Day,” December 25, every day appointed by the
President, or the Governor of this state, as provided for in
subdivisions (b) and (c) of Section 37220 for a public fast,
thanksgiving or holiday, or any day declared a holiday under
Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees
who are normally required to work during that period. However,
this shall not be construed as affecting vacation rights specified in
this section.

Regular employees of the district who are not normally assigned
to duty during the school holidays of December 25 and January 1
shall be paid for those two holidays provided that they were in a
paid status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday
period.

When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the
day observed. When a holiday listed in this section falls on a
Saturday, the preceding Friday shall be deemed to be the holiday
in lieu of the day observed. When a classified employee is required
to work on any of these holidays, he or she shall be paid
compensation, or given compensating time off, for such work, in
addition to the regular pay received for the holiday, at the rate of
time and one-half the employee’s regular rate of pay.

The provisions of Article 3 (commencing with Section 37220)
of Chapter 2 of Part 22 shall not be construed to in any way limit
the provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate
work schedules for the certificated and the classified services, or
from providing holiday pay for employees who have not been in
paid status on the days specified herein. Notwithstanding the
adoption of separate work schedules for the certificated and the
classified services, on any schoolday during which pupils would
otherwise have been in attendance but are not and for which
certificated personnel receive regular pay, classified personnel
shall also receive regular pay whether or not they are required to
report for duty that day.

In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March
31 known as “Cesar Chavez Day,” and a paid holiday on the begin delete fourth end delete
begin delete Friday in September end delete begin insert second Monday in October end insert known as “Native
American Day,” provided they are in a paid status during any
portion of the working day immediately preceding or succeeding
the holiday, if the governing board, pursuant to a memorandum
of understanding reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government
Code, agrees to the paid holiday.

This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).

SEC. 9.  

Section 79020 of the Education Code is amended to
read:

79020.  

Except as otherwise provided the community colleges
shall continue in session or close on specified holidays as follows:

(a) The community colleges shall close on January 1st, the third
Monday in January, commencing in the 1989-90 fiscal year, known
as “Dr. Martin Luther King, Jr. Day,” February 12th known as
“Lincoln Day,” the third Monday in February known as
“Washington Day,” the last Monday in May known as “Memorial
Day,” July 4th, the first Monday in September known as “Labor
Day,” November 11th known as “Veterans Day,” that Thursday
in November proclaimed by the President as “Thanksgiving Day,”
and December 25th.

(b) Any contractual provision between any community college
district and its employees in effect on the effective date of the act
that adds this subdivision shall prevail over any conflict regarding
Dr. Martin Luther King, Jr. Day until the termination date of the
contract or upon termination by mutual agreement of the parties,
whichever occurs first.

(c) The Governor in appointing any other day for a public fast,
thanksgiving, or holiday may provide whether the community
colleges shall close on the day. If the Governor does not provide
whether the community colleges shall close, they shall continue
in session on all special or limited holidays appointed by the
Governor, but shall close on all other days appointed by the
Governor for a public fast, thanksgiving, or holiday.

(d) The community colleges shall close on every day appointed
by the President as a public fast, thanksgiving, or holiday, unless
it is a special or limited holiday.

(e) The community colleges shall continue in session on all
legal holidays other than those designated by or pursuant to this
section, and shall hold proper exercises commemorating the day.

(f) When any of the holidays on which the schools would be
closed fall on Sunday, the community colleges shall close on the
Monday following, except that (1) if Lincoln Day falls on a
Sunday, the community colleges may observe this holiday on the
preceding or following Friday, the following Monday, or the
following Tuesday, and maintain classes on the date specified in
subdivision (a) where applicable, or (2) if Lincoln Day falls on a
Monday, the community colleges may observe this holiday on the
preceding or following Friday, that Monday, or the following
Tuesday, and maintain classes on the date specified in subdivision
(a) where applicable.

(g) When any of the holidays on which the schools would be
closed, except Lincoln Day, fall on Saturday, the community
colleges shall close on the preceding Friday, and that Friday shall
be declared a state holiday.

(h) If any holiday on which the community colleges are required
to close pursuant to subdivision (a) occurs under federal law on a
date different than the date specified in subdivision (a), the
governing board of any community college district may close the
community colleges of the district on the date recognized by federal
law and maintain classes on the date specified in subdivision (a).

(i) When Veterans Day would fall on Tuesday, the governing
board of a community college district may close the colleges on
the preceding Monday, and maintain classes on the date specified
in subdivision (a). When Veterans Day would fall on Wednesday,
the governing board of a community college district may close the
colleges on either the preceding Monday or the following Friday,
and maintain classes on the date specified in subdivision (a). When
Veterans Day would fall on Thursday, the governing board of a
community college district may close the colleges on the following
Friday, and maintain classes on the date specified in subdivision
(a).

(j) When Lincoln Day would fall on Tuesday, the governing
board of a community college district may close the colleges on
the preceding Monday, the preceding Friday, or the following
Friday, and maintain classes on the date specified in subdivision
(a) where appropriate. When Lincoln Day would fall on
Wednesday, the governing board of a community college district
may close the colleges on the preceding Monday, the preceding
Friday, or the following Friday, and maintain classes on the date
specified in subdivision (a). When Lincoln Day would fall on
Thursday, the governing board of a community college district
may close the colleges on the preceding Friday or the following
Friday, and maintain classes on the date specified in subdivision
(a). When Lincoln Day falls on Saturday, the governing board of
a community college district may close the colleges on the
preceding Friday or the following Friday, and maintain classes on
the date specified in subdivision (a) where appropriate.

(k) In addition to the holidays specified in subdivision (a), a
community college may close on March 31 known as “Cesar
Chavez Day” if the governing board, pursuant to a memorandum
of understanding reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government
Code, agrees to close the community college for that purpose.

(l) In addition to the holidays specified in subdivision (a), a
community college may close on the begin delete fourth Friday in September end delete
begin insert second Monday in October end insert known as “Native American Day” if
the governing board, pursuant to a memorandum of understanding
reached pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, agrees to close
the community college for that purpose.

(m)  begin delete Nothing in this end delete begin insert This end insert section begin delete is to end delete begin insert shall not end insert be interpreted as
authorizing a community college district governing board to
maintain community colleges in its district for a lesser number of
days during the college year than the minimum established by law.

SEC. 10.  

Section 88203 of the Education Code is amended to
read:

88203.  

All probationary or permanent employees who are part
of the classified service shall be entitled to the following paid
holidays if they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday:
January 1, February 12 known as “Lincoln Day,” the third Monday
in February known as “Washington Day,” the last Monday in May
known as “Memorial Day,” July 4, the first Monday in September
known as “Labor Day,” November 11 known as “Veterans Day,”
that Thursday in November proclaimed by the President as
“Thanksgiving Day,” December 25, every day appointed by the
President, or the Governor of this state, as provided for in
subdivisions (c) and (d) of Section 79020 for a public fast,
thanksgiving or holiday, or any day declared a holiday under
Section 1318 for classified or academic employees. College
recesses during the Christmas and Easter periods shall not be
considered holidays for classified employees who are normally
required to work during that period; provided, however, that this
shall not be construed as affecting vacation rights specified in this
section.

Regular employees of the district who are not normally assigned
to duty during the college holidays of December 25 and January
1 shall be paid for those two holidays if they were in a paid status
during any portion of the working day of their normal assignment
immediately preceding or succeeding the holiday period.

When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday herein listed falls on a Saturday, the
preceding Friday shall be deemed to be the holiday in lieu of the
day observed. When a classified employee is required to work on
any of said holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular
pay received for the holiday, at the rate of time and one-half his
or her regular rate of pay.

Article 3 (commencing with Section 79020) of Chapter 8 of Part
48 of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for
the academic and the classified services, or from providing holiday
pay for employees who have not been in paid status on the days
specified herein. Notwithstanding the adoption of separate work
schedules for the academic and the classified services, on any
schoolday during which students would otherwise have been in
attendance, but are not and for which faculty receive regular pay,
classified personnel shall also receive regular pay whether or not
they are required to report for duty that day.

In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March
31 known as “Cesar Chavez Day” and a paid holiday on the begin delete fourth end delete
begin delete Friday in September end delete begin insert second Monday in October end insert known as “Native
American Day,” if they are in a paid status during any portion of
the working day immediately preceding or succeeding the holiday,
if the governing board, pursuant to a memorandum of
understanding reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government
Code, agrees to the paid holiday.

This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).

SEC. 11.  

Section 6700 of the Government Code is amended
to read:

6700.  

The holidays in this state are:

(a) Every Sunday.

(b) January 1st.

(c) The third Monday in January, known as “Dr. Martin Luther
King, Jr. Day.”

(d) February 12th, known as “Lincoln Day.”

(e) The third Monday in February.

(f) March 31st known as “Cesar Chavez Day.”

(g) The last Monday in May.

(h) July 4th.

(i) The first Monday in September.

(j) September 9th, known as “Admission Day.”

(k) The second Monday in October, known as begin delete “Columbus Day.” end delete
begin insert “ end insert begin insert Native American Day.” end insert

(l) November 11th, known as “Veterans Day.”

(m) December 25th.

(n) Good Friday from 12 noon until 3 p.m.

(o) Every day appointed by the President or Governor for a
public fast, thanksgiving, or holiday.

Except for the Thursday in November appointed as Thanksgiving
Day, this subdivision and subdivisions (c) and (f) shall not apply
to a city, county, or district unless made applicable by charter, or
by ordinance or resolution of the governing body thereof.

If the provisions of this section are in conflict with the provisions
of a memorandum of understanding reached pursuant to Chapter
12 (commencing with Section 3560) of Division 4 of Title 1, the
memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of a memorandum
of understanding require the expenditure of funds, the provisions
shall not become effective unless approved by the Legislature in
the annual Budget Act.

SEC. 12.  

Section 6712 of the Government Code is amended
to read:

6712.  

The Governor shall proclaim annually the begin delete fourth Friday end delete
begin delete in September end delete begin insert end insert begin insert second Monday in October end insert to be “Native American
Day.”

SEC. 13.  

Section 19853 of the Government Code is amended
to read:

19853.  

(a) All state employees shall be entitled to the following
holidays: January 1, the third Monday in January, the third Monday
in February, March 31, the last Monday in May, July 4, the first
Monday in September, begin insert the second Monday in October, end insert November
11, Thanksgiving Day, the day after Thanksgiving, December 25,
the day chosen by an employee pursuant to Section 19854, and
every day appointed by the Governor of this state for a public fast,
thanksgiving, or holiday.

(b) If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the
day observed. If November 11 falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day
observed.

(c) Any state employee who may be required to work on any
of the holidays included in this section, and who does work on any
of these holidays, shall be entitled to receive straight-time pay and
eight hours of holiday credit.

(d) For the purpose of computing the number of hours worked,
time when an employee is excused from work because of holidays,
sick leave, vacation, annual leave, compensating time off, or any
other leave shall not be considered as time worked by the employee
for the purpose of computing cash compensation for overtime or
compensating time off for overtime.

begin delete

(e) Any state employee, as defined in subdivision (c) of Section
3513, may elect to receive eight hours of holiday credit for the
fourth Friday in September, known as “Native American Day,” in
lieu of receiving eight hours of personal holiday credit in
accordance with Section 19854.

(f)

end delete

begin insert (e) end insert  Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Human Resources
rules.

begin delete

(g)

end delete

begin insert (f) end insert  If subdivision (a), (c), or (d) is in conflict with the provisions
of a memorandum of understanding executed or amended pursuant
to Section 3517.5 on or after February 1, 2009, or the date that the
act adding this section takes effect, whichever is later, the
memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of the
memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

begin delete

(h)

end delete

begin insert (g) end insert  This section shall become operative on February 1, 2009,
or the date that the act adding this section takes effect, whichever
is later.

SEC. 14.  

Section 19853.1 of the Government Code is amended
to read:

19853.1.  

(a) Notwithstanding Section 19853, this section shall
apply to state employees in State Bargaining Unit 5.

(b) Except as provided in subdivision (c), all employees shall
be entitled to the following holidays: January 1, the third Monday
in January, the third Monday in February, March 31, the last
Monday in May, July 4, the first Monday in September, begin insert the second end insert
begin insert Monday in October, end insert November 11, the day after Thanksgiving,
December 25, and every day appointed by the Governor of this
state for a public fast, thanksgiving, or holiday.

If a day listed in this subdivision falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day
observed. Any employee who may be required to work on any of
the holidays included in this section and who does work on any
of these holidays shall be entitled to be paid compensation or given
compensating time off for that work in accordance with his or her
classification’s assigned workweek group.

(c) If the provisions of subdivision (b) are in conflict with the
provisions of a memorandum of understanding reached pursuant
to Section 3517.5, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the
expenditure of funds, the provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.

(d) Any employee who either is excluded from the definition
of state employee in subdivision (c) of Section 3513, or is a
nonelected officer or employee of the executive branch of
government who is not a member of the civil service, is entitled
to the following holidays, with pay, in addition to any official state
holiday appointed by the Governor:

(1) January 1, the third Monday in January, the third Monday
in February, March 31, the last Monday in May, July 4, the first
Monday in September, November 11, Thanksgiving Day, the day
after Thanksgiving, and December 25.

(2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.

(3) When a holiday, other than a personal holiday, falls on a
Saturday, an employee shall, regardless of whether he or she works
on the holiday, accrue only an additional eight hours of personal
holiday credit per fiscal year for the holiday. The holiday credit
shall be accrued on the actual date of the holiday and shall be used
within the same fiscal year.

(4) When a holiday other than a personal holiday falls on
Sunday, employees shall be entitled to the following Monday as
a holiday with pay.

(5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification’s assigned workweek group.

(6) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Human Resources
rules.

begin delete

(e) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational
needs and collective bargaining agreements for the fourth Friday
in September, known as “Native American Day.”

(f)

end delete

begin insert (e) end insert  This section shall become effective with regard to the March
31 holiday only when the Department of Human Resources notifies
the Legislature that the language contained in this section has been
agreed to by all exclusive representatives, and the Department of
Human Resources authorizes this holiday to be applied to
employees designated as excluded from the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512), Division 4, Title
1), and the necessary statutes are amended to reflect this change.