BILL ANALYSIS Ó
AB 1973
Page 1
ASSEMBLY THIRD READING
AB 1973 (Roger Hernández)
As Amended May 23, 2014
Majority vote
GOVERNMENTAL ORGANIZATION 19-0 APPROPRIATIONS 16-0
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|Ayes:|Hall, Nestande, |Ayes:|Gatto, Bigelow, |
| |Achadjian, Bigelow, | |Bocanegra, Bradford, Ian |
| |Campos, Chesbro, Cooley, | |Calderon, Campos, Eggman, |
| |Dababneh, Gray, Roger | |Gomez, Holden, Jones, |
| |Hernández, Jones, | |Linder, Pan, Quirk, |
| |Jones-Sawyer, Levine, | |Ridley-Thomas, Wagner, |
| |Medina, Perea, V. Manuel | |Weber |
| |Pérez, Salas, Waldron, | | |
| |Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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);
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i) Second Monday in October (Columbus Day);
j) November 11th (Veteran's Day); and
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.
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 : According to the Assembly Appropriations
Committee, 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 :
Purpose of the bill: According to the author, this bill
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.
This bill 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
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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), Chapter 637, 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
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.
Analysis Prepared by : Felipe Lopez / G.O. / (916) 319-2531
FN: 0003638