BILL ANALYSIS Ó
AB 1973
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Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1973 (Roger Hernández) - As Amended: March 20, 2014
SUBJECT : State holidays: Native American Day.
SUMMARY : Recognizes the 4th Friday in September as a state
holiday to be known as Native American Day.
EXISTING LAW
1)Recognizes various state holidays including:
a) January 1st (New Year);
b) Third Monday in January (Dr. Martin Luther King, Jr.
Day.);
c) February 12th (Lincoln Day);
d) Third Monday in February (Washington Day);
e) March 31st (Cesar Chavez Day);
f) Last Monday in May (Memorial Day);
g) July 4th;
h) First Monday in September (Labor Day)
i) Second Monday in October (Columbus Day);
j) November 11th (Veteran's Day);
aa) December 25th.
2)Requires the Governor to annually proclaim the 4th Friday in
September as Native American Day.
3)Specifies that if the above holidays are in conflict with the
provisions of a memorandum of understanding, the memorandum of
understanding shall take precedent without further legislative
action.
AB 1973
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4)Specifies that public offices of a city shall be closed on the
above holidays unless otherwise provided by charter,
ordinance, or resolution.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, AB 1973 elevates
the recognition of Native American Day from a proclamation to an
official state holiday, recognized annually on the 4th Friday of
September. With the recognition of Native American Day as an
official holiday, the State of California has the opportunity to
give the highest recognition to the contributions and endurance
of Native Americans in Californian.
AB 1973 does not replace or eliminate Columbus Day from
recognition. The bill recognizes Native American Day as an
unpaid, standalone state holiday similar to Lincoln's Birthday
and Columbus Day.
Background : In 1968, Governor Ronald Reagan signed a resolution
to recognize the contributions of Native Americans by
establishing American Indian Day on the 4th Friday in September.
In 1998, the California legislature passed, and the Governor
signed AB 1953 (Baca) which changed the name of American Indian
Day to Native American Day, and authorized public schools to
provide instruction on the contributions of Native Americans.
Although Native American Day is annually declared by the
Governor, it is not recognized as an official state holiday.
Currently the cities of Berkeley, Nevada City, Santa Cruz, and
Sebastopol observe Indigenous Peoples Day in lieu of Columbus
Day, to recognize the cultural contributions of Native peoples
and the atrocities they survived.
Unpaid/Paid holidays : California law does not require an
employer to provide its employees with paid holidays, that it
close its business on any holiday, or that employees be given
the day off for any particular holiday. If an employer closes
its business on holidays and gives its employees time off from
work with pay, that occurred pursuant to a policy or practice
adopted by the employer, pursuant to the terms of a collective
bargaining agreement, or pursuant to the terms of an employment
AB 1973
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agreement between the employer and employee, as there is nothing
in the law that requires such a practice.
At the local level, cities have the liberty to specify by
charter, ordinance or resolution what paid holidays the city
will provide to its city employees. Similarly state workers are
bound by the memorandum of understanding that they have
negotiated with the Governor.
Arguments in Support : The Tribal and Policy Institute writes in
support of the bill, stating that by promoting Native American
Day to an official state holiday, California will honor the
contributions and cultures of indigenous peoples in the highest
capacity. As the native inhabitants of the North American
continent, Native Americans have significantly contributed to
the governance and culture of the United States.
Similarly, the California Tribal Business Alliance argues that
for more than 45 years, California citizens and California
Tribal governments have joined together to celebrate the 4th
Friday in September as Native American Day. AB 1973 furthers
the purposes and traditions of prior official acts by elevating
public awareness of Native American Day by means of statutorily
listing it as one of the state's official holidays. Finally, it
does so at no added expense to the state by conforming
observance of Native American Day to existing state memorandums
of understanding.
Prior Legislation : AB 55 (Roger Hernández), 2013-14 Legislative
Session. Similar to AB 1973, the bill would have recognized the
4th Friday in September as a state holiday to be known as Native
American Day. (Held in Assembly Appropriations Committee)
AB 1953 (Baca), Chapter 637, Statutes of 1998. Among other
provisions, the measure renamed "American Indian Day" to "Native
American Day" and authorized the State Board of Education to
adopt a model curriculum guide related to "Native American Day."
SBX3 8 (Ducheny), Chapter 4, Statues of 2009. Among other
provisions, the measure changed Lincoln's Birthday and Columbus
Day from paid holidays to unpaid holidays. Both Lincoln's
Birthday and Columbus Day remain as recognized holidays in
California, but state employees are no longer compensated for a
day of paid leave, unless specified in existing bargaining
agreements.
AB 1973
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REGISTERED SUPPORT / OPPOSITION :
Support
California Correctional Peace Officers Association
California Tribal Business Alliance
Habematolel Pomo of Upper Lake
Hoopa Valley Tribe
Mooretown Rancheria of Maidu Indians of California
Pala Band of Mission Indians
Paskenta Band of Nomlaki Indians of California
Ramona Band of Cahuilla
Tribal Law and Policy Institute
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531