BILL ANALYSIS Ó AB 1973 Page 1 Date of Hearing: April 9, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 1973 (Hernandez) - As Amended: March 20, 2014 Policy Committee: Governmental Organization Vote: 19-0 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill designates the fourth Friday in September as a state holiday to be known as Native American Day. FISCAL EFFECT While this bill does not require state, local government, and public educational institutions to shut down in observance of Native American Day, the addition of a new state holiday may create pressure for government entities to add it 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, public schools, and public colleges and universities. COMMENTS 1) Purpose. This bill 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 the designation of Native American Day as an official state holiday would give the highest recognition to the contributions and endurance of Native Americans. AB 1973 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 resolution to recognize the contributions of Native Americans AB 1973 Page 2 by establishing American Indian Day (renamed Native American Day in 1998) on the fourth Friday in September. 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) Paid and unpaid 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. An employer's decision to close its business on holidays and give its employees time off from work with or without pay, or to pay overtime wages on holidays, results from an adopted employer policy or practice, the terms of a collective bargaining agreement, or the terms of an employment agreement. At the local level, cities may specify by charter, ordinance, or resolution those 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. Analysis Prepared by : Joel Tashjian / APPR. / (916) 319-2081