BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1973|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1973
Author: Roger Hernández (D), et al.
Amended: 5/23/14 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 6/24/14
AYES: Correa, Berryhill, Cannella, De León, Galgiani,
Hernandez, Lieu, Padilla, Torres, Vidak
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 76-0, 5/28/14 - See last page for vote
SUBJECT : State holidays: Native American Day
SOURCE : Author
DIGEST : This bill establishes the Fourth Friday in September
as a state holiday to be known as Native American Day.
ANALYSIS :
Existing law:
1. Recognizes various state holidays, and provides that if the
holidays are in conflict with the provisions of a memorandum
of understanding (MOU), the MOU shall take precedent without
CONTINUED
AB 1973
Page
2
further legislative action.
2. Requires the Governor to proclaim various days of
remembrance.
This bill:
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.
Background
In 1968, Governor Ronald Reagan signed a resolution recognizing
the contributions of Native Americans by designating the fourth
Friday in September as American Indian Day (SCR 103, Resolution
Chapter 243). Thirty years later, in 1998, the California
Legislature passed AB 1953 (Baca, Chapter 637) 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, potential
major cost pressures by designating another negotiable paid
AB 1973
Page
3
holiday. If Native American Day were to be designated as a paid
holiday, it could result in state costs in the tens of millions
annually. (General/special funds)
SUPPORT : (Verified 8/15/14)
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
ARGUMENTS IN SUPPORT : According to the author's office, this
bill elevates 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 this bill 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.
ASSEMBLY FLOOR : 76-0, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez,
AB 1973
Page
4
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Donnelly, Frazier, Mansoor, Vacancy
MW:d 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****