BILL NUMBER: SB 984 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Polanco
FEBRUARY 26, 1999
An act to amend Sections 10, 12a, and 135 of the Code of Civil
Procedure, to amend Sections 37220, 37220.5, 45203, 79020, and 88203
of the Education Code, and to amend Sections 19853 and 19853.1 of the
Government Code, relating to Cesar Chavez Day.
LEGISLATIVE COUNSEL'S DIGEST
SB 984, as introduced, Polanco. State holidays: Cesar Chavez Day.
Existing law includes March 31, known as Cesar Chavez Day as a
state holiday. Existing law excludes March 31 as a judicial holiday.
Existing law also authorizes, but does not require that March 31 be
a holiday for public schools and community colleges.
This bill would provide that March 31 is a judicial holiday, a
required holiday for schools and community colleges, and a paid
holiday for state employees.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10 of the Code of Civil Procedure is amended to
read:
10. Holidays within the meaning of this code are every Sunday and
such other days, other than the holidays
holiday specified in subdivisions
subdivision (c) and (f) of Section 6700 of
the Government Code, as are specified or provided for as holidays in
Chapter 7 (commencing with Section 6700) of Division 7 ,
of Title 1 of the Government Code.
SEC. 2. Section 12a of the Code of Civil Procedure is amended to
read:
12a. If the last day for the performance of any act provided or
required by law to be performed within a specified period of time
shall be a holiday, then that period is hereby extended to and
including the next day which is not a holiday. The term "holiday" as
used herein shall mean all day on Saturdays, all holidays specified
in Section 6700 and 6701 of the Government Code, other than the
holidays holiday specified in
subdivisions subdivision (c) and (f)
of Section 6700 of the Government Code, and, to the extent
provided in Section 12b, all days which by terms of Section 12b are
required to be considered as holidays. However, for a period of time
expiring prior to January 1, 1952, time shall be computed and
extended in accordance with the provisions of this section as they
existed on January 1, 1951.
This section applies also to Sections 659, 659a, 946, and 974
through 982, inclusive, and the periods of time severally therein
prescribed or provided for, and to all other provisions of law,
however stated or wherever expressed, providing or requiring an act
to be performed on a particular day or within a specified period of
time. The mention of these sections is not intended and shall not be
construed to exclude the application of this section to any other
provisions of law, whether the latter are expressed in this or any
other code or statute, ordinance, rule, or regulation.
SEC. 3. Section 135 of the Code of Civil Procedure is amended to
read:
135. Every full day designated as a holiday by Section 6700 of
the Government Code, including that Thursday of November declared by
the President to be Thanksgiving Day, is a judicial holiday, except
September 9, known as "Admission Day," March 31, known as
"Cesar Chavez Day," and any other day appointed by the
President, but not by the Governor, for a public fast, thanksgiving,
or holiday. If a judicial holiday falls on a Saturday or a Sunday,
the Judicial Council may designate an alternative day for observance
of the holiday. Every Saturday and the day after Thanksgiving Day is
a judicial holiday. Officers and employees of the courts shall
observe only the judicial holidays established pursuant to this
section.
SEC. 4. Section 37220 of the Education Code is amended to read:
37220. (a) Except as otherwise provided, the public schools shall
close on the following holidays:
(1) January 1.
(2) The third Monday in January or Monday or Friday in the week in
which January 15 occurs, known as "Dr. Martin Luther King, Jr. Day."
On the Friday preceding which day the schools are closed, schools
shall include exercises commemorating and directing attention to the
history of the civil rights movement in the United States and
particularly the role therein of Dr. Martin Luther King, Jr.
(3) The Monday or Friday of the week in which February 12 occurs,
known as "Lincoln Day." On the day that school is in session prior
to the day on which schools are closed for that purpose, all public
schools and educational institutions throughout the state shall hold
exercises in memory of Abraham Lincoln.
(4) The third Monday in February, known as "Washington Day." On
the Friday preceding, all public schools and educational institutions
throughout the state shall hold exercises in memory of George
Washington.
(5) March 31, known as "Cesar Chavez Day," or the appropriate
Monday or Friday following or preceding that date, as the case may
be.
(6) The last Monday in May, known as "Memorial Day."
(6)
(7) July 4.
(7)
(8) The first Monday in September, known as "Labor Day."
(8)
(9) November 11, known as "Veterans Day."
(9)
(10) That Thursday in November proclaimed by the President
as "Thanksgiving Day."
(10)
(11) December 25.
(11)
(12) All days appointed by the Governor for a public fast,
thanksgiving, or holiday, and all special or limited holidays on
which the Governor provides that the schools shall close.
(12)
(13) All days appointed by the President as a public fast,
thanksgiving, or holiday, unless it is a special or limited holiday.
(13)
(14) Any other day designated as a holiday by the governing
board of the school district.
(b) When any of the holidays on which the schools would be closed
falls on Sunday, the public schools shall close on the Monday
following.
(c) When any of the holidays on which the schools would be closed
falls on Saturday, the public schools shall close on the preceding
Friday, and that Friday shall be declared a state holiday.
(d) If any holiday on which the public schools are required to
close pursuant to subdivision (a) occurs under federal law on a date
different from the date specified in subdivision (a), the governing
board of any school district may close the public schools of the
district on the date recognized by federal law and maintain classes
on the date specified in subdivision (a).
(e) Except for Veterans Day, as designated in paragraph (8) of
subdivision (a), the governing board of a school district, by
adoption of a resolution, may revise the date upon which the schools
of the district close in observance of any of the holidays identified
in subdivision (a).
(f) The governing board of a school district may not request a
waiver of paragraph (8) (9) of
subdivision (a) from the State Board of Education.
SEC. 5. Section 37220.5 of the Education Code is amended to read:
37220.5. (a) In addition to the holidays prescribed in
Section 37220, public schools may be closed on March 31, known as
"Cesar Chavez Day," or the appropriate Monday or Friday following or
preceding that date, 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 March 31 or on the day determined by the
governing board, public schools and educational institutions
throughout the state may include exercises, funded through existing
resources, commemorating and directing attention to the history of
the farm labor movement in the United States and particularly the
role therein of Cesar Chavez. The State Board of Education may adopt
a model curriculum guide to be available for use by public schools
for exercises related to Cesar Chavez Day.
SEC. 6. 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," March 31 known as "Cesar
Chavez 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 this
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. 7. 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,"
March 31 known as "Cesar Chavez 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)
(l) 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. 8. 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," March 31 known as "Cesar Chavez 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 these holidays, he or she shall be paid
compensation, or given compensating time off, for such
the 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. 9. 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,
March 31, 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, March 31, 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. 10. 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, March 31, 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, March 31, 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)
(f) 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).