BILL ANALYSIS Ó
AB 55
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 55 (Roger Hernandez) - As Amended: February 19, 2013
Policy Committee: Governmental
Organization Vote: 13 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill designates the fourth Friday in September as a state
holiday to honor Native Americans.
FISCAL EFFECT
While this bill does not require the state, local governments,
and public educational institutions to shut down in observance
of Native Americans Day, the addition of a new state holiday may
create pressure for government entities to add this holiday to
the list of paid holidays provided to employees. Native American
Day could cost tens of millions of dollars annually if it
becomes a paid holiday for state government employees and public
schools (including the University of California, California
State Universities, the community colleges).
COMMENTS
1)Purpose of the bill : AB 55 elevates the recognition of Native
American Day from a proclamation to an official state holiday,
recognized annually on the fourth Friday of September. The
author argues that 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.
AB 55 does not replace or eliminate Columbus Day. The bill
recognizes Native American Day as a stand-alone state holiday
similar to Lincoln's birthday and Columbus Day.
2)Background : In 1968, Governor Ronald Reagan signed a
AB 55
Page 2
resolution to recognize the contributions of Native Americans
by establishing American Indian Day on the fourth Friday in
September. In 1998, the 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.
3)Unpaid/Paid holidays : California law does not require an
employer to provide its employees with paid holidays, to close
its business on any holiday, or give employees 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 occurs 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 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 which 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.
4)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.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081
AB 55
Page 3