BILL ANALYSIS Ó
AB 1973
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1973 (Hernandez) - As Amended: March 20, 2014
Policy Committee: Governmental
Organization Vote: 19-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill designates the fourth Friday in September as a state
holiday to be known as Native American Day.
FISCAL EFFECT
While this bill does not require state, local government, and
public educational institutions to shut down in observance of
Native American Day, the addition of a new state holiday may
create pressure for government entities to add it to the list of
paid holidays provided to employees.
Native American Day could cost tens of millions of dollars
annually if it becomes a paid holiday for state government
employees, public schools, and public colleges and universities.
COMMENTS
1) Purpose. This bill elevates the recognition of Native
American Day from a proclamation to an official state holiday,
recognized annually on the fourth Friday of September. The
author argues the designation of Native American Day as an
official state holiday would give the highest recognition to
the contributions and endurance of Native Americans.
AB 1973 does not replace or eliminate Columbus Day. The bill
recognizes Native American Day as a stand-alone state holiday
similar to Lincoln's birthday and Columbus Day.
2) Background. In 1968, Governor Ronald Reagan signed a
resolution to recognize the contributions of Native Americans
AB 1973
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by establishing American Indian Day (renamed Native American
Day in 1998) on the fourth Friday in September.
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.
3) Paid and unpaid holidays. California law does not require an
employer to provide its employees with paid holidays, to close
its business on any holiday, or give employees the day off for
any particular holiday. An employer's decision to close its
business on holidays and give its employees time off from work
with or without pay, or to pay overtime wages on holidays,
results from an adopted employer policy or practice, the terms
of a collective bargaining agreement, or the terms of an
employment agreement.
At the local level, cities may specify by charter, ordinance,
or resolution those 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.
Analysis Prepared by : Joel Tashjian / APPR. / (916) 319-2081