BILL ANALYSIS Ó AB 1973 Page 1 ASSEMBLY THIRD READING AB 1973 (Roger Hernández) As Amended May 23, 2014 Majority vote GOVERNMENTAL ORGANIZATION 19-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Hall, Nestande, |Ayes:|Gatto, Bigelow, | | |Achadjian, Bigelow, | |Bocanegra, Bradford, Ian | | |Campos, Chesbro, Cooley, | |Calderon, Campos, Eggman, | | |Dababneh, Gray, Roger | |Gomez, Holden, Jones, | | |Hernández, Jones, | |Linder, Pan, Quirk, | | |Jones-Sawyer, Levine, | |Ridley-Thomas, Wagner, | | |Medina, Perea, V. Manuel | |Weber | | |Pérez, Salas, Waldron, | | | | |Wilk | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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); AB 1973 Page 2 i) Second Monday in October (Columbus Day); j) November 11th (Veteran's Day); and 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 take precedent without further legislative action. 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 : According to the Assembly Appropriations Committee, 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 : Purpose of the bill: According to the author, this bill elevates the recognition of Native American Day from a proclamation to an official state holiday, recognized annually on the 4th Friday of September. With the 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. This bill 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 AB 1973 Page 3 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), Chapter 637, 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 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. Analysis Prepared by : Felipe Lopez / G.O. / (916) 319-2531 FN: 0003638