BILL NUMBER: AB 1953 CHAPTERED
BILL TEXT
CHAPTER 637
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 1998
APPROVED BY GOVERNOR SEPTEMBER 20, 1998
PASSED THE ASSEMBLY AUGUST 18, 1998
PASSED THE SENATE AUGUST 12, 1998
AMENDED IN SENATE JULY 14, 1998
AMENDED IN SENATE JUNE 23, 1998
AMENDED IN ASSEMBLY MAY 4, 1998
AMENDED IN ASSEMBLY APRIL 1, 1998
INTRODUCED BY Assembly Member Baca
(Principal coauthor: Assembly Member Papan)
(Coauthors: Assembly Members Bustamante, Cardenas, Ducheny,
Gallegos, Honda, Keeley, Knox, Margett, Martinez, Murray, Vincent,
Washington, Wayne, and Wright)
(Coauthors: Senators Hayden, Karnette, Lee, Peace, Solis,
Vasconcellos, and Watson)
FEBRUARY 17, 1998
An act to amend Sections 45203, 79020, and 88203 of, and to add
Section 37220.7 to, the Education Code, and to amend Sections 6712,
19853, and 19853.1 of the Government Code, relating to Native
Americans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1953, Baca. Public holidays: Native American Day.
(1) Existing law requires the Governor to proclaim annually the
fourth Friday in September to be "California American Indian Day."
This bill would rename that day to be "Native American Day."
(2) Existing law prescribes the holidays in this state for state
agencies, public schools and community colleges.
This bill would provide that the 4th Friday in September shall be
a holiday in this state to be referred to as "Native American Day."
The bill would authorize public school and community college
governing boards pursuant to memoranda of understanding to provide
that the 4th Friday in September shall be a holiday known as "Native
American Day," and would authorize exercises, funded through existing
resources, to be conducted in all schools respecting that day. This
bill would authorize the State Board of Education to adopt a model
curriculum guide related to "Native American Day."
Existing law variously provides that state employees are entitled
to certain paid holidays, one personal holiday per fiscal year, and
vacation, annual leave, or compensating time off, as the case may be,
unless a collective bargaining agreement provides otherwise.
This bill would permit a state employee to elect to receive 8
hours of holiday credit for the 4th Friday in September, to be known
as "Native American Day," in lieu of receiving 8 hours of personal
holiday credit, or to elect to use 8 hours of vacation, annual leave,
or compensating time off for the 4th Friday in September, depending
on the bargaining unit under which the employee is represented.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares the
following:
(a) An emphasis on freedom, justice, patriotism, and
representative government have always been elements of Native
American culture, and Native Americans have shown their willingness
to fight and die for this nation in foreign lands.
(b) Native Americans honor the American flag at every pow wow and
at many gatherings, and remember veterans through song, music, and
dance.
(c) Native Americans use songs to honor the men and women of this
country who have fought for freedom.
(d) Native Americans love the land that has nurtured their
parents, grandparents, and unnamed elders since time began, and they
honor the Earth that has brought life to the people since time
immemorial.
(e) Native Americans have given much to this country, and in
recognition of this fact, it is fitting that this state returns the
honor by recognizing Native Americans for all of their offerings to
this beloved land through the establishment of a state holiday
referred to as "Native American Day."
SEC. 2. Section 37220.7 is added to the Education Code, to read:
37220.7. (a) In addition to the holidays prescribed in Section
37220, public schools may be closed on the fourth Friday in
September, known as "Native American Day," if the governing board,
pursuant to a memorandum of understanding reached pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to close schools for that purpose.
(b) On the fourth Friday in September, or if schools are closed on
that date as specified in subdivision (a), on an alternate day
determined by the governing board, public schools and educational
institutions throughout this state may include exercises, funded
through existing resources, commemorating and directing attention to
the many contributions that Native Americans have made to this
country. The State Board of Education may adopt a model curriculum
guide to be available for use by public schools for exercises related
to Native American Day.
SEC. 3. Section 45203 of the Education Code is amended to read:
45203. All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday:
January 1, February 12 known as "Lincoln Day," the third Monday in
February known as "Washington Day," the last Monday in May known as
"Memorial Day," July 4, the first Monday in September known as "Labor
Day," November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25,
every day appointed by the President, or the Governor of this state,
as provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a
Saturday, the preceding Friday shall be deemed to be the holiday in
lieu of the day observed. When a classified employee is required to
work on any of these holidays, he or she shall be paid compensation,
or given compensating time off, for such work, in addition to the
regular pay received for the holiday, at the rate of time and
one-half the employee's regular rate of pay.
The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the fourth Friday
in September known as "Native American Day," provided they are in a
paid status during any portion of the working day immediately
preceding or succeeding the holiday, if the governing board, pursuant
to a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
SEC. 4. Section 79020 of the Education Code is amended to read:
79020. Except as otherwise provided the community colleges shall
continue in session or close on specified holidays as follows:
(a) The community colleges shall close on January 1st, the third
Monday in January, commencing in the 1989-90 fiscal year, known as
"Dr. Martin Luther King, Jr. Day," February 12th known as "Lincoln
Day," the third Monday in February known as "Washington Day," the
last Monday in May known as "Memorial Day," July 4th, the first
Monday in September known as "Labor Day," November 11th known as
"Veterans Day," that Thursday in November proclaimed by the President
as "Thanksgiving Day," and December 25th.
(b) Any contractual provision between any community college
district and its employees in effect on the effective date of the act
that adds this subdivision shall prevail over any conflict regarding
Dr. Martin Luther King, Jr. Day until the termination date of the
contract or upon termination by mutual agreement of the parties,
whichever occurs first.
(c) The Governor in appointing any other day for a public fast,
thanksgiving, or holiday may provide whether the community colleges
shall close on the day. If the Governor does not provide whether the
community colleges shall close, they shall continue in session on
all special or limited holidays appointed by the Governor, but shall
close on all other days appointed by the Governor for a public fast,
thanksgiving, or holiday.
(d) The community colleges shall close on every day appointed by
the President as a public fast, thanksgiving, or holiday, unless it
is a special or limited holiday.
(e) The community colleges shall continue in session on all legal
holidays other than those designated by or pursuant to this section,
and shall hold proper exercises commemorating the day.
(f) When any of the holidays on which the schools would be closed
fall on Sunday, the community colleges shall close on the Monday
following, except that (1) if Lincoln Day falls on a Sunday, the
community colleges may observe this holiday on the preceding or
following Friday, the following Monday, or the following Tuesday, and
maintain classes on the date specified in subdivision (a) where
applicable, or (2) if Lincoln Day falls on a Monday, the community
colleges may observe this holiday on the preceding or following
Friday, that Monday, or the following Tuesday, and maintain classes
on the date specified in subdivision (a) where applicable.
(g) When any of the holidays on which the schools would be closed,
except Lincoln Day, fall on Saturday, the community colleges shall
close on the preceding Friday, and that Friday shall be declared a
state holiday.
(h) If any holiday on which the community colleges are required to
close pursuant to subdivision (a) occurs under federal law on a date
different than the date specified in subdivision (a), the governing
board of any community college district may close the community
colleges of the district on the date recognized by federal law and
maintain classes on the date specified in subdivision (a).
(i) When Veterans Day would fall on Tuesday, the governing board
of a community college district may close the colleges on the
preceding Monday, and maintain classes on the date specified in
subdivision (a). When Veterans Day would fall on Wednesday, the
governing board of a community college district may close the
colleges on either the preceding Monday or the following Friday, and
maintain classes on the date specified in subdivision (a). When
Veterans Day would fall on Thursday, the governing board of a
community college district may close the colleges on the following
Friday, and maintain classes on the date specified in subdivision
(a).
(j) When Lincoln Day would fall on Tuesday, the governing board of
a community college district may close the colleges on the preceding
Monday, the preceding Friday, or the following Friday, and maintain
classes on the date specified in subdivision (a) where appropriate.
When Lincoln Day would fall on Wednesday, the governing board of a
community college district may close the colleges on the preceding
Monday, the preceding Friday, or the following Friday, and maintain
classes on the date specified in subdivision (a). When Lincoln Day
would fall on Thursday, the governing board of a community college
district may close the colleges on the preceding Friday or the
following Friday, and maintain classes on the date specified in
subdivision (a). When Lincoln Day falls on Saturday, the governing
board of a community college district may close the colleges on the
preceding Friday or the following Friday, and maintain classes on the
date specified in subdivision (a) where appropriate.
(k) In addition to the holidays specified in subdivision (a), a
community college may close on March 31 known as "Cesar Chavez Day"
if the governing board, pursuant to a memorandum of understanding
reached pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, agrees to close the
community college for that purpose.
(l) In addition to the holidays specified in subdivision (a), a
community college may close on the fourth Friday in September known
as "Native American Day" if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to close the community college for that
purpose.
(m) Nothing in this section is to be interpreted as authorizing a
community college district governing board to maintain community
colleges in its district for a lesser number of days during the
college year than the minimum established by law.
SEC. 5. Section 88203 of the Education Code is amended to read:
88203. All probationary or permanent employees who are part of
the classified service shall be entitled to the following paid
holidays if they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (c) and (d) of Section 79020 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 for classified or academic employees. College
recesses during the Christmas and Easter periods shall not be
considered holidays for classified employees who are normally
required to work during that period; provided, however, that this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" and a paid holiday on the fourth Friday
in September known as "Native American Day," if they are in a paid
status during any portion of the working day immediately preceding or
succeeding the holiday, if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 6. Section 6712 of the Government Code is amended to read:
6712. The Governor shall proclaim annually the fourth Friday in
September to be "Native American Day."
SEC. 7. Section 19853 of the Government Code is amended to read:
19853. (a) Except as provided in subdivision (c), all employees
shall be entitled to the following holidays: January 1, the third
Monday in January, February 12, the third Monday in February, the
last Monday in May, July 4, the first Monday in September, the second
Monday in October, November 11, the day after Thanksgiving, December
25, the day chosen by an employee pursuant to Section 19854, and
every day appointed by the Governor of this state for a public fast,
thanksgiving, or holiday.
If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11th falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
Any employee who may be required to work on any of the holidays
included in this subdivision, and who does work on any of these
holidays, shall be entitled to be paid compensation or given
compensating time off for that work in accordance with their
classification's assigned workweek group. For the purpose of
computing the number of hours worked, time when an employee is
excused from work because of holidays, sick leave, vacation, annual
leave, or compensating time off, shall be considered as time worked
by the employee.
(b) If the provisions of subdivision (a) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) Any employee, who is either excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, shall be entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
(1) January 1, the third Monday in January, February 12, the third
Monday in February, the last Monday in May, July 4, the first Monday
in September, the second Monday in October, November 11,
Thanksgiving Day, the day after Thanksgiving, December 25, and any
personal holiday chosen pursuant to Section 19854. The department
head or designee may require an employee to provide five working days'
advance notice before a personal holiday is taken, and may deny use
subject to operational needs.
(2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
(3) When a holiday, other than a personal holiday or November 11,
falls on a Saturday, an employee shall, regardless of whether he or
she works on the holiday, only accrue an additional eight hours of
personal holiday credit per fiscal year for the holiday. The holiday
credit shall be accrued on the actual date of the holiday and shall
be used within the same fiscal year.
(4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
(5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
(6) Less than full-time employees shall receive holidays in
accordance with Department of Personnel Administration rules.
(d) (1) Any employee, as defined in subdivision (c) of Section
3513, may elect to receive eight hours of holiday credit for March
31, known as "Cesar Chavez Day," or for the fourth Friday in
September, known as "Native American Day," in lieu of receiving eight
hours of personal holiday credit in accordance with Section 19854.
(2) It is not the intent of the Legislature, by the amendments to
this subdivision that add this paragraph, to increase the personal
holiday credit that an employee receives pursuant to Section 19854.
SEC. 8. Section 19853.1 of the Government Code is amended to read:
19853.1. (a) Notwithstanding Section 19853, this section shall
apply to state employees in State Bargaining Unit 5 or 16.
(b) Except as provided in subdivision (c), all employees shall be
entitled to the following holidays: January 1, the third Monday in
January, the third Monday in February, the last Monday in May, July
4, the first Monday in September, November 11, the day after
Thanksgiving, December 25, and every day appointed by the Governor of
this state for a public fast, Thanksgiving, or holiday.
If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
Any employee who may be required to work on any of the holidays
included in this section and who does work on any of these holidays
shall be entitled to be paid compensation or given compensating time
off for that work in accordance with his or her classification's
assigned workweek group.
(c) If the provisions of subdivision (b) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Any employee who either is excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, is entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
(1) January 1, the third Monday in January, the third Monday in
February, the last Monday in May, July 4, the first Monday in
September, November 11, Thanksgiving Day, the day after Thanksgiving,
December 25.
(2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
(3) When a holiday, other than a personal holiday, falls on a
Saturday, an employee shall, regardless of whether he or she works on
the holiday, accrue only an additional eight hours of personal
holiday credit per fiscal year for the holiday. The holiday credit
shall be accrued on the actual date of the holiday and shall be used
within the same fiscal year.
(4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
(5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
(6) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Personnel
Administration rules.
(e) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational needs
and collective bargaining agreements for March 31, known as "Cesar
Chavez Day."
(f) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational needs
and collective bargaining agreements for the fourth Friday in
September, known as "Native American Day."
(g) This section shall become effective only when the Department
of Personnel Administration notifies the Legislature that the
language contained in this section has been agreed to by all the
parties, and the necessary statutes are amended to reflect this
change for employees excluded from the Ralph C. Dills Act (Chapter
10.3 (commencing with Section 3512), Division 4, Title 1).