BILL ANALYSIS Ó
Bill No: AB
1973
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 1973 Author: Roger Hernandez
As Amended: May 23, 2014
Hearing Date: June 24, 2014
Consultant: Art Terzakis
SUBJECT
State Holidays: Native American Day
DESCRIPTION
AB 1973 establishes the 4th Friday in September as a state
holiday to be known as "Native American Day."
Specifically, this measure:
1)Makes various legislative findings relative to the
contributions, history, and culture of Native Americans
in the Golden State.
2)Recognizes the fourth Friday in September as Native
American Day and declares it an official state holiday.
EXISTING LAW
Existing law, Government Code 6700 et seq., recognizes
various state holidays, including: January 1; the third
Monday in January, Dr. Martin Luther King, Jr. Day;
February 12, Lincoln Day; the third Monday in February,
Presidents' Day; March 31, Caesar Chavez Day; the last
Monday in May, Memorial Day; July 4, Independence Day; the
first Monday in September, Labor Day; September 9,
California Admission Day; the second Monday in October,
Columbus Day; November 11, Veteran's Day; December 25; and,
any day appointed by the Governor or the President for a
public fast, thanksgiving or holiday. Existing law
provides that if the above holidays are in conflict with
the provisions of a memorandum of understanding (MOU), the
AB 1973 (Roger Hernandez) continued
Page 2
MOU shall take precedent without further legislative
action.
Existing law also requires the Governor to proclaim various
days of remembrance, including among others: the month of
February, as Black History Month; February 19th, as
Japanese American Evacuation Day; March 7th, as Arbor Day;
April 24th, as California Day of Remembrance of the
Armenian Genocide; May 22nd, as Harvey Milk Day; the third
Saturday in June, as Juneteenth National Freedom Day: a day
of observance; 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.
AB 1973 (Roger Hernandez) continued
Page 3
BACKGROUND
Purpose of AB 1973: The author's office points out that in
1968, California enacted a resolution to recognize the
contributions of Native Americans by establishing American
Indian Day, which was observed on the fourth Friday in
September. Thirty years later, in 1998, the California
Legislature passed AB 1953 (Baca) which changed the name of
American Indian Day to Native American Day, and authorized
public schools to instruct students relative to the
contributions of Native American peoples.
According to the author's office, this measure would
elevate the recognition of Native American Day from a
proclamation to an official state holiday, recognized
annually on the fourth Friday in September. The author's
office believes that designating Native American Day as an
official holiday will enable our State to grant Native
Americans the highest recognition for their countless
contributions and endurance in California. The author's
office emphasizes that AB 1973 does not give state
employees a day off from work - state agencies will be in
operation on Native American Day, unless otherwise
specified in existing bargaining contracts.
Staff Comments: California law does not mandate that
businesses provide employees with paid holidays or that
they give employees the day off for any particular holiday.
An employer's decision to close a particular business on
holidays and give 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 MOU that they have negotiated with the
Governor.
PRIOR/RELATED LEGISLATION
AB 55 (Hernandez), 2013-14 Session. Would recognize the
4th Friday in September as a state holiday, known as Native
American Day. (Held in Assembly Appropriations)
AB 1973 (Roger Hernandez) continued
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SB 1324 (Anderson), 2013-14 Session. Would establish a
California Native American Monument in the State Capitol
Park to honor the contributions, history, and culture of
Native Americans in California. (Pending in Senate
Committee on Rules)
SB 572 (Leno), Chapter 626, Statutes of 2009. Designated
May 22nd of each year as "Harvey Milk Day."
SB 424 (Poochigian), Chapter 9, Statutes of 2005. Required
the Governor to proclaim April 24th of each year the
"California Day for Remembrance of the Armenian Genocide,"
in memory of the 1.5 million victims who were subjected to
torture, starvation, and murder, including death marches
into the Syrian desert, by the Rulers of the Ottoman
Turkish Empire and the exile of more than 500,000 innocent
people during the period from 1915 to 1923, inclusive, and
in honor of the survivors of those crimes against humanity.
SB 812 (Vincent), Chapter 156, Statutes of 2003. Required
the Governor to proclaim the third Saturday in June as
"Juneteenth National Freedom Day" and urged all
Californians to join in the celebration by honoring and
reflecting on the significant roles that African-Americans
have played in U.S. history and how they have enriched
society through their steadfast commitment to promoting
freedom, brotherhood, and equality.
SB 984 (Polanco), Chapter 213, Statutes of 2000.
Designated March 31 as "Cesar Chavez Day." Also
established the Cesar Chavez Day of Service and Learning
grant program, provided grants for activities that engaged
school pupils in community service on that day, and
required the Superintendent of Public Instruction to
develop a model curriculum on the life of Cesar Chavez,
and, upon approval of the State Board of Education, to
distribute the curriculum to each school.
AB 1953 (Baca), Chapter 637, Statutes of 1998. Established
"Native American Day," and authorized public school
governing boards to close for this holiday (pursuant to a
collective bargaining agreement). It also authorized
school districts to conduct exercises or instruction that
focuses students on the contributions of Native Americans
to this country. Additionally, it authorized the State
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Board of Education to adopt a related model curriculum
guide and required the Governor to annually proclaim the
fourth Friday in September as "Native American Day."
SB 1373 (Torres), Chapter 1011, Statutes of 1994.
Authorized public schools to close for "Cesar Chavez Day"
(pursuant to a collective bargaining agreement).
SB 2410 (Rogers), Chapter 364, Statutes of 1990.
Established the current list of days having special
significance, when public schools are encouraged to observe
and conduct suitable commemorative exercises, as specified.
SUPPORT: As of June 20, 2014:
California Conference of Catholic Bishops
California Correctional Peace Officers Association
California Teachers Association
California Tribal Business Alliance
Habematolel Pomo of Upper Lake
Hoopa Valley Tribe
Inaja Cosmit Band of Mission Indians
Mooretown Rancheria of Maidu Indians of California
Pala Band of Mission Indians
Paskenta Band of Nomlaki Indians of California
Ramona Band of Cahuilla
Rincon Band of Luiseno Indians
Southern California Tribal Chairman's Association
Tribal Law and Policy Institute
Viejas Band of Kumeyaay Indians
OPPOSE: None on file as of June 20, 2014.
FISCAL COMMITTEE: Senate Appropriations Committee
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