BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1973| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1973 Author: Roger Hernández (D), et al. Amended: 5/23/14 in Assembly Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 6/24/14 AYES: Correa, Berryhill, Cannella, De León, Galgiani, Hernandez, Lieu, Padilla, Torres, Vidak NO VOTE RECORDED: Vacancy SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14 AYES: De León, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters, Gaines ASSEMBLY FLOOR : 76-0, 5/28/14 - See last page for vote SUBJECT : State holidays: Native American Day SOURCE : Author DIGEST : This bill establishes the Fourth Friday in September as a state holiday to be known as Native American Day. ANALYSIS : Existing law: 1. Recognizes various state holidays, and provides that if the holidays are in conflict with the provisions of a memorandum of understanding (MOU), the MOU shall take precedent without CONTINUED AB 1973 Page 2 further legislative action. 2. Requires the Governor to proclaim various days of remembrance. This bill: 1. Makes various legislative findings relative to the contributions, history, and culture of Native Americans in the Golden State. 2. Recognizes the fourth Friday in September as Native American Day and declares it an official state holiday. Background In 1968, Governor Ronald Reagan signed a resolution recognizing the contributions of Native Americans by designating the fourth Friday in September as American Indian Day (SCR 103, Resolution Chapter 243). Thirty years later, in 1998, the California Legislature passed AB 1953 (Baca, Chapter 637) which changed the name of American Indian Day to Native American Day, and authorized public schools to instruct students relative to the contributions of Native American peoples. California law does not mandate that businesses provide employees with paid holidays or that they give employees the day off for any particular holiday. An employer's decision to close a particular business on holidays and give 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 MOU that they have negotiated with the Governor. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, potential major cost pressures by designating another negotiable paid AB 1973 Page 3 holiday. If Native American Day were to be designated as a paid holiday, it could result in state costs in the tens of millions annually. (General/special funds) SUPPORT : (Verified 8/15/14) California Conference of Catholic Bishops California Correctional Peace Officers Association California Teachers Association California Tribal Business Alliance Habematolel Pomo of Upper Lake Hoopa Valley Tribe Inaja Cosmit Band of Mission Indians Mooretown Rancheria of Maidu Indians of California Pala Band of Mission Indians Paskenta Band of Nomlaki Indians of California Ramona Band of Cahuilla Rincon Band of Luiseno Indians Southern California Tribal Chairman's Association Tribal Law and Policy Institute Viejas Band of Kumeyaay Indians ARGUMENTS IN SUPPORT : According to the author's office, this bill elevates the recognition of Native American Day from a proclamation to an official state holiday, recognized annually on the fourth Friday in September. The author's office believes that designating Native American Day as an official holiday will enable our state to grant Native Americans the highest recognition for their countless contributions and endurance in California. The author's office emphasizes that this bill does not give state employees a day off from work - state agencies will be in operation on Native American Day, unless otherwise specified in existing bargaining contracts. ASSEMBLY FLOOR : 76-0, 5/28/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, AB 1973 Page 4 Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Donnelly, Frazier, Mansoor, Vacancy MW:d 8/16/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****