BILL ANALYSIS Ó
AB 55
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 55 (Hernandez) - As Amended: February 19, 2013
SUBJECT : State holidays: Native American Day
SUMMARY : Recognizes the 4th Friday in September as a state
holiday to be known as Native American Day.
EXISTING LAW
1)Recognizes various state holidays including:
a) January 1st (New Year);
b) Third Monday in January(Dr. Martin Luther King, Jr.
Day);
c) February 12th (Lincoln Day);
d) Third Monday in February (Washington Day);
e) March 31st (Cesar Chavez Day);
f) Last Monday in May (Memorial Day);
g) July 4th;
h) First Monday in September (Labor Day);
i) Second Monday in October (Columbus Day);
j) November 11th (Veterans Day);
aa) December 25th.
2)Requires the Governor to annually proclaim the 4th Friday in
September as Native American Day.
3)Specifies that if the above holidays are in conflict with the
provisions of a memorandum of understanding, the memorandum of
understanding shall be controlling without further legislative
action.
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4)Specifies that public offices of a city shall be closed on the
above holidays unless otherwise provided by charter, ordinance
or resolution.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, AB 55 elevates
the recognition of Native American Day from a proclamation to an
official state holiday, recognized annually on the 4th Friday of
September. With recognition of Native American Day as an
official holiday, the State of California has the opportunity to
give the highest recognition to the contributions and endurance
of Native Americans in Californian.
AB 55 does not replace or eliminate Columbus Day from
recognition. The bill recognizes Native American Day as an
unpaid, standalone state holiday similar to Lincoln's Birthday
and Columbus Day.
Background : In 1968, Governor Ronald Reagan signed a resolution
to recognize the contributions of Native Americans by
establishing American Indian Day on the 4th Friday in September.
In 1998, the California legislature passed, and the Governor
signed AB 1953 (Baca) which changed the name of American Indian
Day to Native American Day, and authorized public schools to
provide instruction on the contributions of Native Americans.
Although Native American Day is annually declared by the
Governor, it is not recognized as an official state holiday.
Currently the cities of Berkeley, Nevada City, Santa Cruz, and
Sebastopol observe Indigenous Peoples Day in lieu of Columbus
Day, to recognize the cultural contributions of Native peoples
and the atrocities they survived.
Unpaid/Paid holidays : California law does not require an
employer to provide its employees with paid holidays, that it
close its business on any holiday, or that employees be given
the day off for any particular holiday. If an employer closes
its business on holidays and gives its employees time off from
work with pay, that occurred pursuant to a policy or practice
adopted by the employer, pursuant to the terms of a collective
bargaining agreement, or pursuant to the terms of an employment
AB 55
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agreement between the employer and employee, as there is nothing
in the law that requires such a practice.
At the local level, cities have the liberty to specify by
charter, ordinance or resolution what paid holidays the city
will provide to its city employees. Similarly state workers are
bound by the memorandum of understanding that they have
negotiated with the Governor.
Arguments in support : The Ione Band of Miwok Indians state that
by promoting Native American Day to an official state holiday,
California will honor contributions and cultures of indigenous
peoples in the highest capacity. As the native inhabitants of
the North American continent, Native Americans have
significantly contributed to the governance and culture of the
United States.
Café De California states that according to Benjamin Franklin,
the U.S. political model of federalism was borrowed from the
system of government used by the Iroquoian League of Nations.
Additionally, in the 20th century more than 8,000 Native
Americans bravely volunteered and served during World War I, and
well over 24,000 served during World War II.
Café De California further states that the impact of Native
Americans is also reflected in the geography of California. The
counties of Colusa, Modoc, Mono, Napa, Shasta, Siskiyou, Tehama,
Tuolumne, Yolo, and Yuba were all named after words and
individuals of indigenous origin.
Prior Legislation :
AB 1953 (Baca), Chapter 637, Statutes of 1998. Among other
provisions, the measure renamed "American Indian Day" to "Native
American Day" and authorized the State Board of Education to
adopt a model curriculum guide related to "Native American Day."
SBX3 8 (Ducheny), Chapter 4, Statues of 2009. Among other
provisions, the measure changed Lincoln's Birthday and Columbus
Day from paid holidays to unpaid holidays. Both Lincoln's
Birthday and Columbus Day remain as recognized holidays in
California, but state employees are no longer compensated for a
day of paid leave, unless specified in existing bargaining
agreements.
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REGISTERED SUPPORT / OPPOSITION :
Support
Café De California
California Communities United Institute
California State Conference of the NAACP
Gabrielino-Tongva Tribe
Grand Lodge of California, Sons of Italy in America
Ione Band of Miwok Indians
Tribal Law and Policy Institute
31 Individuals
Opposition
Grand Lodge of California, Order Sons of Italy in America
1 Individual
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531