BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 572|
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UNFINISHED BUSINESS
Bill No: SB 572
Author: Leno (D), et al
Amended: 8/27/09
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-4, 04/14/09
AYES: Wright, Calderon, Florez, Negrete McLeod, Oropeza,
Padilla, Romero, Wiggins, Yee
NOES: Harman, Benoit, Denham, Wyland
SENATE EDUCATION COMMITTEE : 7-2, 5/6/09
AYES: Romero, Alquist, Hancock, Liu, Maldonado, Padilla,
Simitian
NOES: Huff, Wyland
SENATE FLOOR : 24-14, 5/14/09
AYES: Alquist, Calderon, Corbett, Correa, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Simitian, Steinberg, Wiggins, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,
Dutton, Harman, Hollingsworth, Huff, Runner, Strickland,
Walters, Wyland
NO VOTE RECORDED: Cedillo, Vacancy
ASSEMBLY FLOOR : 46-28, 09/03/09 - See last page for vote
SUBJECT : Harvey Milk Day: official designation
SOURCE : Equality California
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DIGEST : This bill designates May 22 of each year as
Harvey Milk Day, and calls for the day to be observed by
the public schools as a day of special significance. The
bill also requires the Governor to annually proclaim May 22
as Harvey Milk Day.
Assembly Amendments added double-jointing language to
prevent a chaptering out problem with AB 264 (Cook); made a
clarifying change; and added coauthors.
ANALYSIS : Existing law requires public schools to close
on or for a number of holidays, including, January 1; Dr.
Martin Luther King, Jr. Day; President Lincoln's birthday;
President Washington's birthday; Memorial Day; July 4;
Labor Day; Veteran's Day; Thanksgiving Day; December 25;
all days appointed by the Governor or the President for a
public fast, thanksgiving or holiday; and, any other day
designated as a holiday by the governing board of the
school district.
Existing law authorizes public schools to close, if the
governing board pursuant to an agreement under collective
bargaining agrees, on or for a number of other holidays,
including Cesar Chavez Day and Native American Day, and
authorizes public schools to conduct exercises or
instruction that focuses students on the purpose of these
holidays.
Existing law requires public schools to remain open and
conduct appropriate commemorative exercises to celebrate
specific holidays, including the anniversary of the
adoption of the Constitution of the United States, the
birthday of Luther Burbank, Susan B. Anthony Day, and the
anniversary of the death of Crispus Attucks (Black American
Day).
Existing law, Education Code Section 37222, designates a
number of days as days having special significance, when
public schools are encouraged to observe and conduct
suitable commemorative exercises, as specified. These days
include the Day of the Teacher, John Muir Day, and
California Poppy Day.
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Existing law, Government Code 6700 et seq., 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;
April 24th, as California Day of Remembrance of the
Armenian Genocide; the third Saturday in June, as
Juneteenth National Freedom Day: a day of observance;
September 9th, as Admission Day; September 28th, as
Cabrillo Day; the fourth Friday in September, as Native
American Day; the first Sunday in October, as Stepparents
Day; and, December 7th, as Pearl Harbor Day.
This bill:
1. Makes various legislative findings relative to Harvey
Milk's legacy as a civil rights leader and declares that
his life and social contributions have left an indelible
mark on the history of our nation and hold a special
meaning for the people of California.
2. Requires the Governor to proclaim May 22nd of each year
as Harvey Milk Day and designates that date as having
special significance in public schools and educational
facilities.
3. Encourages all public schools and educational
institutions to observe this day and conduct exercises
remembering and recognizing the life of Harvey Milk, his
accomplishments, and familiarizing pupils with the
contributions he made to this state.
4. Contains double-jointing language to prevent a
chaptering out problem with AB 264 (Cook).
Background
Harvey Barnard Milk (1930-1978) was a San Francisco Board
of Supervisor member from 1977-78, who along with Mayor
George Moscone (former State Senator), was assassinated by
former Board of Supervisor Dan White at San Francisco City
Hall on November 27, 1978. Milk was the first openly gay
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person to be elected to public office in a major city of
the United States. Milk was also known in the Castro
Community of San Francisco before his election to the Board
of Supervisors as the "Mayor of Castro Street" for his
community leadership, and was unsuccessful in his bids to
the Board of Supervisors in 1973 and the State Assembly in
1975.
Harvey Milk was named in the "Heroes and Icons" section of
Time magazine's "Time 100: The Most Important People of
the Century." Many institutions and organizations are
named for Milk, including the Harvey Milk Recreational Arts
Centre, Harvey Milk Civil Rights Academy, the Harvey Milk
Institute, the Eureka Valley/Harvey Milk Memorial Branch
Library, and the Harvey Milk LGBT Democratic Club in San
Francisco.
Outside of San Francisco are a number of alternative
schools named for Milk in the United States, including
Harvey Milk School in New York City. Oakes College at the
University of California, Santa Cruz has an on-campus
apartment building named Harvey Milk. The City of San
Francisco also erected a bust of Harvey Milk in City Hall
in tribute to his service and to memorialize his life's
work, which was installed on May 22, 2008.
Other tributes to Milk include the following: (1) in 1995,
the opera Harvey Milk by composer Stewart Wallace and
librettist Michael Korie was premiered by the Houston Grand
Opera, and in 1996 it was recorded on CD under Donald
Runnicles with San Francisco Opera orchestra and chorus,
(2) the 1999, TV film Execution of Justice based on the
1983 play (of the same title) written by Emily Mann,
reenacted the assassination, (3) in 2000, a TV film
American Justice: It's Not My Fault - Strange Defenses
examined the assassination with archival footage of Milk
and White, (4) in 2004, playwright and actor Jade Esteban
Estrada portrays Milk in the solo musical comedy ICONS:
the Lesbian and Gay History of the World, Vol. 2 , and (5) a
movie titled Milk premiered in November 2008.
This year the First Lady of California, Maria Shriver,
added Milk to the California Hall of Fame.
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Comments
The author's office states that, this bill will put
California on record as recognizing the social
contributions that Harvey Milk made to our nation as a
civil rights leader. It also allows schools to conduct
activities that will foster respect for all, and educate
students about an important figure who is often omitted
from history lessons.
The author's office indicates that this bill primarily
proposes to designate May 22 as a day having special
significance; as such, this bill does not result in
additional average daily attendance or funding for a school
district nor does it result in an additional holiday or day
of school closure. The designation of a day of
significance triggers statutory encouragement for public
schools to observe and conduct commemorative exercises
suitable to the day, as specified in law the decision as to
whether to observe any day of significance or to conduct
suitable commemorative exercises is left to the local
education agency.
Prior legislation
AB 2567 (Leno), of 2007 . A nearly identical to measure,
passed the Senate Floor 22-13 on August 5, 2008, but was
vetoed by Governor who stated, "I respect the author's
intent to designate May 22nd as Harvey Milk Day and a day
of special significance for California public schools and
educational institutions to honor Harvey Milk as an
important community leader and public official in the city
and county of San Francisco. However, I believe his
contributions should continue to be recognized at the local
level by those who were most impacted by his
contributions."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/4/09)
Equality California (source)
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Ally Action
Anti-Defamation League
Asian Americans for Civil Rights and Equality
Asian Pacific American Legal Center of Southern California
Betty T. Yee, Chairwoman, Board of Equalization
California Communities United Institute
California Federation of Teachers
California Nurses Association
California Teachers Association
City of Los Angeles
City of San Diego
City of San Diego Human Relations Commission
City of West Hollywood
Gay-Straight Alliance Network
GroundSpark's Respect For All Project
Housing Rights, Inc.
Humanist Association, Greater Sacramento Area
Inland Counties Stonewall Democrats
L. Stuart Milk, nephew of Harvey Milk
Los Angeles City Council
Los Angeles Unified School District
National Association of Social Workers
National Center for Lesbian Rights
Planned Parenthood Affiliates of California, Inc.
San Francisco LGBT Community Center
San Francisco Unified School District
Scouting for All
Walden House, Inc.
OPPOSITION : (Verified 9/4/09)
Office of the Secretary of Education
Church State Council
California Family Council
ARGUMENTS IN SUPPORT : Proponents note that, lesbian,
gay, bisexual, and transgender (LGBT) youth in public
schools and educational institutions face a dearth of
openly gay role models and historical figures. Harvey
Milk's significant contributions to the struggle for LGBT
equality are felt today, as even the process of coming out
in California public schools can prove lethal. This bill
recognizes Milk's lasting legacy as well as encourage an
open discussion about the historical and present-day
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challenges faced by the LGBT community.
Additionally, proponents of this bill believe that
sexuality and gender tolerance should be a core component
of teaching and learning about the civil rights movement
and emphasize that 'Harvey Milk Day' will give students,
teachers, parents, and our community an opportunity to
engage in dialogue about creating, maintaining, and
strengthening a safe and inclusive environment in schools.
ARGUMENTS IN OPPOSITION : Writing in opposition,
Concerned Women for America (CWA) believes that adding such
commemorative exercises reduces important classroom time in
core subjects. Additionally, CWA is of the opinion that
this specific subject raises the question of "whether it is
necessary or appropriate to teach young children about a
person's identity based on his/her sexual behavior,
particularly without parental permission."
Writing in opposition, Capitol Resource Family Impact
believes "it is poor public policy for lawmakers to
establish politically correct days of celebrating
controversial figures that offend citizens with traditional
values."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Charles Calderon, Chesbro, Coto, De
La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,
Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nava, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torrico, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, Duvall, Emmerson, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Caballero, Carter, Davis, DeVore, Torres,
Vacancy
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TSM:do 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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