BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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             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  







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          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,  







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            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

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