BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2598
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|Author: |Ting |
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|Version: |February 19, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Olgalilia Ramirez |
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Subject: Lunar New Year's Day
NOTE: This bill has been referred to the Committees on
Education and Governmental
Organizations. A "do pass" motion should include referral
to the Committee on
Governmental Organizations.
SUMMARY
This bill designates the date corresponding with the start of
the lunar calendar of each year as Lunar New Year's Day, and
encourages public schools to recognize it as a special day of
significance.
BACKGROUND
Existing law:
1) Designates a number of days as days of special
significance to all public schools and educational
institutions and encourages them to observe that day,
including Larry Itliong Day (October 25), Ronald Reagan
Day (February 6), John Muir Day (April 21), and Harvey Milk
Day (May 22).
(Education Code § 37222 - § 37222.17)
2) Requires public schools to close on a number of
holidays, including January 1, Dr. Martin Luther King, Jr.
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Day, Lincoln Day, Washington Day, Memorial Day, July 4,
Labor Day, Veterans Day, Thanksgiving Day, December 25, all
days appointed by the Governor or the President of the
United States for a public fast, holiday, and any other day
designated as a holiday by the governing board of the
school district. Existing law requires that for some
specified holidays for which schools are required to close
(Dr. Martin Luther King Day, Lincoln Day, and Washington
Day), schools conduct exercises in commemoration.
(EC § 37220 - § 37221)
3) Requires the Governor to proclaim various days as
holidays and days of remembrance, including among others:
the third Monday in January, as Dr. Martin Luther King, Jr.
Day; the month of February, as Black History Month;
February 12th, as Lincoln Day; February 19th, as Japanese
American Evacuation Day; March 7th, as Arbor Day; March
31st, as Caesar Chavez Day; May 22, as Harvey Milk Day; the
third Saturday in June, as Juneteenth National Freedom Day:
a day of observance; the fourth Friday in September, as
Native American Day; October 25, as Larry Itliong Day and;
December 7th, as Pearl Harbor Day. (Government Code §
6700, et seq.)
ANALYSIS
This bill:
1) Makes various findings and declarations relative to Lunar
New Year celebrations in California and the contributions
of the Asian and Pacific Islander American community to the
social, cultural, civic, economic, and academic success of
this state.
2) States that the spirit of the Lunar New Year is especially
significant for communities whose families have been
forcibly kept separated both historically through
discriminatory and xenophobic laws, as specified.
3) Encourages all public schools and educational institutions
to conduct appropriate activities and exercises observing
the Lunar New Year.
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4) Provides that the date corresponding with the start of the
lunar calendar of each year be designated and set apart as
a day having special significance in all public schools and
educational institutions.
5) Requires the Governor to proclaim the date corresponding
with the start of the lunar calendar of each year as Lunar
New Year's Day.
STAFF COMMENTS
1) Need for the bill. According to the author, California is
home to nearly six million individuals of Asian Pacific
Islander descent, many of whom celebrate Lunar New Year as
a time to renew family ties and celebrate good health and
prosperity. The author asserts that designating Lunar New
Year as a day of special significance in schools will
promote tolerance and provide students with increased
cultural awareness about the Asian Pacific Islander
Community in California.
2) Lunar New Year. The Lunar New Year traditionally occurs in
late January or early February and is one of the most
significant cultural holidays for Chinese, Korean,
Vietnamese, and other Asian ethnic groups. With
Asian-American communities in all regions across the state,
the holiday is a popular annual celebration in California.
As such, many schools organize related activities and at
least one California school district, San Francisco
Unified, observes the tradition by closing its schools for
the day. This bill statutorily recognizes the Lunar New
Year as a day of having special significance in which
public schools and educational institutions are encouraged
but not required to conduct exercises celebrating the
occasion.
3) Discretionary activities. As noted in the background,
current law encourages all public schools and educational
institutions to observe various days designated and set
apart as having special significance, and to conduct
suitable commemorative exercises. These are not required
activities. Current law also includes legislative intent
that exercises be integrated into the regular school
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program and be conducted by the school within the amount of
time otherwise budgeted for educational programs. This
bill's provisions are consistent with these statutes.
4) Two bills on the same subject. According to the rules
adopted by this committee, "the committee, to the greatest
extent possible, will not approve more than one bill on the
same subject."
On January 13, 2016, this Committee heard and approved SB
616 (Huff) which is almost identical to this bill. Both SB
616 and this bill add Education Code section 37222.19,
which would provide that Lunar New Year's Day be designated
and set apart as having special significance in all public
schools and encourage public schools and educational
institutions to commemorate the day by conducting
appropriate activities. Unlike SB 616, this bill
additionally adds a Government Code section that would
require the Governor to annually proclaim the specified
date as Lunar New Year's Day statewide.
Should this Committee endorse two bills that do essentially
the same thing?
Could the bill be amended to remove the duplicate Education
Code provisions thereby simply leaving the Government Code
authorization that requires the Governor to annually
proclaim the specified date as Lunar New Year's Day?
5) Related legislation. SB 616 (Huff, 2016) which is almost
identical to this bill, would require the Governor to
designate the date corresponding with the start of the
Asian Lunar calendar of each year as Asian Lunar New Year's
Day, provides that the day be designated and set apart as
having special significance and encourages all public
schools and educational institutions to conduct exercises
observing the Asian Lunar New Year with appropriate
activities and programs. This committee heard and approved
SB 616 by a vote of 6-0. SB 616 is currently pending in the
Assembly Education Committee.
SUPPORT
Asian Americans Advancing Justice
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Asian Pacific Islander Legislative Caucus
California Asian Pacific Chamber of Commerce
Multicultural Council of America
OCA- Asian Pacific American Advocates
OPPOSITION
Asians for Lunar New Year Group
Chinese American Citizens Alliance Great San Gabriel Valley
Chinese American Equalization Association
The Orange Club
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