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