BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1973
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          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
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             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
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          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