BILL NUMBER: AB 55	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        JANUARY 7, 2013

   An act to amend Sections 7.1, 1689.5, 1689.24, 1695.1, and
1812.303 of the Civil Code, to amend Sections 37220.7, 45203, 79020,
and 88203 of the Education Code, and to amend Sections 6700, 6712,
19853, and 19853.1 of the Government Code, relating to holidays.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 55, as introduced, Roger Hernández. State holidays: Native
American Day.
   Existing law establishes specified state holidays, including
Columbus Day, which is celebrated on the 2nd Monday in October.
Existing law provides that state employees are entitled to specified
holidays unless these provisions are in conflict with the provisions
of a memorandum of understanding, in which case that memorandum
controls, as specified. Existing law defines specified days as
business days for the purposes of certain contracts, including home
solicitation contracts, and excepts Columbus Day from this
definition. Existing law requires the Governor to proclaim annually
the 4th Friday in September to be Native American Day. Existing law
authorizes public schools and junior colleges, pursuant to memoranda
of understanding, to be closed on Native American Day, and authorizes
public school and community colleges to provide, pursuant to
memoranda of understanding, a paid holiday on Native American Day to
specified classified employees. Existing law permits a state
employee, as defined, to elect to receive 8 hours of holiday credit
for Native American Day in lieu of receiving 8 hours of personal
holiday credit, as specified.
   This bill would require that the Governor proclaim the 2nd Monday
in October as Native American Day. The bill would eliminate
references to Columbus Day in the provisions described above and,
instead, apply Native American Day to those provisions. The bill
would provide that the 2nd Monday in October is a holiday for state
employees, would delete provisions permitting a state employee to
elect to receive holiday credit for Native American Day in lieu of
personal holiday credit, as described above, and would set forth
specified legislative findings and declarations relative to
recognizing and honoring Native American Day.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In order to recognize the genocide inflicted upon Native
Americans and their removal from their ancestral lands, and to
acknowledge the numerous contributions made by Native Americans to
California and the nation, the second Monday in October, previously
known as Columbus Day, shall be known as Native American Day.
   (b) In order to honor and recognize Native American Day with the
dignity and distinction that it deserves, this act grants state
employees a holiday on the second Monday in October. Local agencies,
including counties, cities, special districts, and school districts,
acting appropriately through the collective bargaining process, may
provide their employees with a paid holiday on the second Monday in
October so that Native American Day may be appropriately honored
throughout the state.
  SEC. 2.  Section 7.1 of the Civil Code is amended to read:
   7.1.  Optional bank holidays within the meaning of Section 9 are:
   (a) Any closing of a bank because of an extraordinary situation,
as that term is defined in the Bank Extraordinary Situation Closing
Act (Chapter 20 (commencing with Section 3600) of Division 1 of the
Financial Code).
   (b) Every Saturday.
   (c) Every Sunday.
   (d) January 1st.
   (e) The third Monday in January, known as "Dr. Martin Luther King,
Jr. Day."
   (f) February 12, known as "Lincoln Day."
   (g) The third Monday in February.
   (h) The last Monday in May.
   (i) July 4th.
   (j) The first Monday in September.
   (k) September 9th, known as "Admission Day."
   (  l  ) The second Monday in October, known as 
"Columbus   "Native American  Day."
   (m) November 11th, known as "Veteran's Day."
   (n) December 25th.
   (o) Good Friday from 12 noon until closing.
   (p) The Thursday in November appointed as "Thanksgiving Day."
   (q) Any Monday following any Sunday on which January 1st, February
12th, July 4th, September 9th, November 11th, or December 25th
falls.
   (r) Any Friday preceding any Saturday on which July 4th, September
9th, or December 25th falls.
  SEC. 3.  Section 1689.5 of the Civil Code is amended to read:
   1689.5.  As used in Sections 1689.6 to 1689.11, inclusive, and in
Section 1689.14:
   (a) "Home solicitation contract or offer" means any contract,
whether single or multiple, or any offer  which 
 that  is subject to approval, for the sale, lease, or
rental of goods or services or both, made at other than appropriate
trade premises in an amount of twenty-five dollars ($25) or more,
including any interest or service charges. "Home solicitation
contract" does not include any contract under which the buyer has the
right to rescind pursuant to Title 1, Chapter 2, Section 125 of the
Federal Consumer Credit Protection Act (P.L. 90-321) and the
regulations promulgated pursuant thereto.
   (b) "Appropriate trade premises," means premises where either the
owner or seller normally carries on a business, or where goods are
normally offered or exposed for sale in the course of a business
carried on at those premises.
   (c) "Goods" means tangible chattels bought for use primarily for
personal, family, or household purposes, including certificates or
coupons exchangeable for these goods, and including goods that, at
the time of the sale or subsequently, are to be so affixed to real
property as to become a part of the real property whether or not
severable therefrom, but does not include any vehicle required to be
registered under the Vehicle Code, nor any goods sold with this
vehicle if sold under a contract governed by Section 2982, and does
not include any mobilehome, as defined in Section 18008 of the Health
and Safety Code, nor any goods sold with this mobilehome if either
are sold under a contract subject to Section 18036.5 of the Health
and Safety Code.
   (d) "Services" means work, labor and services, including, but not
limited to, services furnished in connection with the repair,
restoration, alteration, or improvement of residential premises, or
services furnished in connection with the sale or repair of goods as
defined in Section 1802.1, and courses of instruction, regardless of
the purpose for which they are taken, but does not include the
services of attorneys, real estate brokers and salesmen, securities
dealers or investment counselors, physicians, optometrists, or
dentists, nor financial services offered by banks, savings
institutions, credit unions, industrial loan companies, personal
property brokers, consumer finance lenders, or commercial finance
lenders, organized pursuant to state or federal law, that are not
connected with the sale of goods or services, as defined herein, nor
the sale of insurance that is not connected with the sale of goods or
services as defined herein, nor services in connection with the sale
or installation of mobilehomes or of goods sold with a mobilehome if
either are sold or installed under a contract subject to Section
18036.5 of the Health and Safety Code, nor services for which the
tariffs, rates, charges, costs, or expenses, including in each
instance the time sale price, is required by law to be filed with and
approved by the federal government or any official, department,
division, commission, or agency of the United States or of the state.

   (e) "Business day" means any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day,  Columbus
  Native American  Day, Veterans' Day, Thanksgiving
Day, and Christmas Day.
   (f) This section shall become operative on January 1, 2006.
  SEC. 4.  Section 1689.24 of the Civil Code is amended to read:
   1689.24.  As used in Sections 1689.20 to 1689.23, inclusive:
   (a) "Seminar sales solicitation contract or offer" means any
contract, whether single or multiple, or any offer  which
  that  is subject to approval, for the sale,
lease, or rental of goods or services or both, made using selling
techniques in a seminar setting in an amount of twenty-five dollars
($25) or more, including any interest or service charges. "Seminar
sales solicitation contract" does not include any contract under
which the buyer has the right to rescind pursuant to Title 1, Chapter
2, Section 125 of the Federal Consumer Credit Protection Act (P.L.
90-321) and the regulations promulgated pursuant thereto or any
contract which contains a written and dated statement signed by the
prospective buyer stating that the negotiation between the parties
was initiated by the prospective buyer.
   (b) "Seminar setting" means premises other than the residence of
the buyer.
   (c) "Goods" means tangible chattels bought for use primarily for
personal, family, or household purposes, including certificates or
coupons exchangeable for these goods, and including goods which, at
the time of the sale or subsequently, are to be so affixed to real
property as to become a part of the real property whether or not
severable therefrom, but does not include any vehicle required to be
registered under the Vehicle Code, nor any goods sold with a vehicle
if sold under a contract governed by Section 2982, and does not
include any mobilehome, as defined in Section 18008 of the Health and
Safety Code, nor any goods sold with a mobilehome if either are sold
under a contract subject to Section 18036.5 of the Health and Safety
Code.
   (d) "Services" means work, labor and services, including, but not
limited to, services furnished in connection with the repair,
alteration, or improvement of residential premises, or services
furnished in connection with the sale or repair of goods as defined
in Section 1802.1, and courses of instruction, regardless of the
purpose for which they are taken, but does not include the services
of attorneys, real estate brokers and salesmen, securities dealers or
investment counselors, physicians, optometrists, or dentists, nor
financial services offered by banks, savings institutions, credit
unions, industrial loan companies, personal property brokers,
consumer finance lenders, or commercial finance lenders, organized
pursuant to state or federal law, which are not connected with the
sale of goods or services, as defined herein, nor the sale of
insurance which is not connected with the sale of goods or services
as defined herein, nor services in connection with the sale or
installation of mobilehomes or of goods sold with a mobilehome if
either are sold or installed under a contract subject to Section
18036.5 of the Health and Safety Code, nor services for which the
tariffs, rates, charges, costs, or expenses, including in each
instance the time sale price, is required by law to be filed with and
approved by the federal government or any official, department,
division, commission, or agency of the United States or of the State
of California.
   (e) "Business day" means any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day,  Columbus
  Native American  Day, Veterans' Day, Thanksgiving
Day, and Christmas Day.
  SEC. 5.  Section 1695.1 of the Civil Code is amended to read:
   1695.1.  The following definitions apply to this chapter:
   (a) "Equity purchaser" means any person who acquires title to any
residence in foreclosure, except a person who acquires such title as
follows:
   (1) For the purpose of using such property as a personal
residence.
   (2) By a deed in lieu of foreclosure of any voluntary lien or
encumbrance of record.
   (3) By a deed from a trustee acting under the power of sale
contained in a deed of trust or mortgage at a foreclosure sale
conducted pursuant to Article 1 (commencing with Section 2920) of
Chapter 2 of Title 14 of Part 4 of Division 3.
   (4) At any sale of property authorized by statute.
   (5) By order or judgment of any court.
   (6) From a spouse, blood relative, or blood relative of a spouse.
   (b) "Residence in foreclosure" and "residential real property in
foreclosure" means residential real property consisting of one- to
four-family dwelling units, one of which the owner occupies as his or
her principal place of residence, and against which there is an
outstanding notice of default, recorded pursuant to Article 1
(commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of
Division 3.
   (c) "Equity seller" means any seller of a residence in
foreclosure.
   (d) "Business day" means any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day,  Columbus
  Native American  Day, Veterans' Day, Thanksgiving
Day, and Christmas Day.
   (e) "Contract" means any offer or any contract, agreement, or
arrangement, or any term thereof, between an equity purchaser and
equity seller incident to the sale of a residence in foreclosure.
   (f) "Property owner" means the record title owner of the
residential real property in foreclosure at the time the notice of
default was recorded.
  SEC. 6.  Section 1812.303 of the Civil Code is amended to read:
   1812.303.  (a) A membership camping contract shall be written in
the same language as that principally used in any oral sales
presentation (e.g., Spanish). A membership camping contract shall be
dated, signed by the purchaser, and contain, in immediate proximity
to the space reserved for the signature of the purchaser, a
conspicuous statement in a size equal to at least 10-point bold type,
as follows:  "You, the purchaser, may cancel this contract at any
time prior to midnight of the third business day after the date of
the transaction. See an explanation of this right as set forth in
this contract or on the attached notice of cancellation form."  In
the alternative the notice of cancellation as set forth in
subdivision (b) may be placed in immediate proximity to the signature
line of the contract in lieu of the foregoing statement.
   (b) The contract shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation", which shall be
attached to the contract and easily detachable. In the alternative,
the seller may include all of the cancellation information on the
contract and provide the consumer with a carbon copy which may be
retained after cancellation. Both shall contain, in type of at least
10-point, the following statement written in the same language as
used in the contract:
            ""Notice of Cancellation''
  ""You may cancel this contract, without any
penalty or obligation, within three business
days from the date the contract is executed.
  ""To cancel this contract, mail or deliver a
signed and dated copy of this cancellation
notice or a copy of this contract if it
contains the cancellation instructions, or any
other written notice, or send a telegram to
__________________, at
                            (Name of seller)
_________________________________________
         (Address of seller's place of business)
not later than midnight of ____________ .
                               (Date)
  I hereby cancel this transaction ___________
                                      (Date)
  .
                    _____________________________
                       (Purchaser's signature)


   "With the notice of cancellation, or separately if a telegram is
sent, you must return the original membership camping contract,
membership card and all other evidence of membership to the seller.
You should promptly return these documents with the notice of
cancellation, or separately if a telegram is sent. Failure to send
the documents promptly could delay your refund. You should retain for
your records one copy of the cancellation notice, or a carbon of the
contract when it provides the cancellation information, or other
writing showing intent to cancel. Mailing by ordinary mail is
adequate but certified mail return receipt requested is recommended."


   (c) On the date of purchase the membership camping operator shall
provide the purchaser with a copy of the contract and duplicate of
the notice of cancellation. The membership camping operator shall
inform the purchaser orally of the right to cancel at the time the
contract is executed.
   (d) Within 20 days after the membership camping operator receives
a notice of cancellation, the membership camping contract, the
membership card and all other evidence of purchase or membership, the
membership camping operator shall refund to the purchaser any sums
paid as a deposit, downpayment or other payment therefor. If the
purchaser does not promptly return the evidence of membership, the
20-day period shall be extended until such evidence of membership is
returned.
   (e) Until the membership camping operator has complied with this
section, the purchaser shall have the right to cancel the contract.
   (f) "Business day" means any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day,  Columbus
  Native American  Day, Veteran's Day, Thanksgiving
Day, and Christmas Day.
  SEC. 7.  Section 37220.7 of the Education Code is amended to read:
   37220.7.  (a) In addition to the holidays prescribed in Section
37220, public schools may be closed on the  fourth Friday in
September   second Monday in October  , known as
"Native American Day," if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to close schools for that purpose.
   (b) On the  fourth Friday in September  
second Monday in October  , or  ,  if schools are
closed on that date as specified in subdivision (a), on an alternate
day determined by the governing board, public schools and educational
institutions throughout this state may include exercises, funded
through existing resources, commemorating and directing attention to
the many contributions that Native Americans have made to this
country. The State Board of Education may adopt a model curriculum
guide to be available for use by public schools for exercises related
to Native American Day.
  SEC. 8.  Section 45203 of the Education Code is amended to read:
   45203.  All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
   Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
   When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a Saturday,
the preceding Friday shall be deemed to be the holiday in lieu of
the day observed. When a classified employee is required to work on
any of these holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular pay
received for the holiday, at the rate of time and one-half the
employee's regular rate of pay.
   The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
   In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the 
fourth Friday in September   second Monday in October
 known as "Native American Day," provided they are in a paid
status during any portion of the working day immediately preceding or
succeeding the holiday, if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
   This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
  SEC. 9.  Section 79020 of the Education Code is amended to read:
   79020.  Except as otherwise provided the community colleges shall
continue in session or close on specified holidays as follows:
   (a) The community colleges shall close on January 1st, the third
Monday in January, commencing in the 1989-90 fiscal year, known as
"Dr. Martin Luther King, Jr. Day," February 12th known as "Lincoln
Day," the third Monday in February known as "Washington Day," the
last Monday in May known as "Memorial Day," July 4th, the first
Monday in September known as "Labor Day," November 11th known as
"Veterans Day," that Thursday in November proclaimed by the President
as "Thanksgiving Day," and December 25th.
   (b) Any contractual provision between any community college
district and its employees in effect on the effective date of the act
that adds this subdivision shall prevail over any conflict regarding
Dr. Martin Luther King, Jr. Day until the termination date of the
contract or upon termination by mutual agreement of the parties,
whichever occurs first.
   (c) The Governor in appointing any other day for a public fast,
thanksgiving, or holiday may provide whether the community colleges
shall close on the day. If the Governor does not provide whether the
community colleges shall close, they shall continue in session on all
special or limited holidays appointed by the Governor, but shall
close on all other days appointed by the Governor for a public fast,
thanksgiving, or holiday.
   (d) The community colleges shall close on every day appointed by
the President as a public fast, thanksgiving, or holiday, unless it
is a special or limited holiday.
   (e) The community colleges shall continue in session on all legal
holidays other than those designated by or pursuant to this section,
and shall hold proper exercises commemorating the day.
   (f) When any of the holidays on which the schools would be closed
fall on Sunday, the community colleges shall close on the Monday
following, except that (1) if Lincoln Day falls on a Sunday, the
community colleges may observe this holiday on the preceding or
following Friday, the following Monday, or the following Tuesday, and
maintain classes on the date specified in subdivision (a) where
applicable, or (2) if Lincoln Day falls on a Monday, the community
colleges may observe this holiday on the preceding or following
Friday, that Monday, or the following Tuesday, and maintain classes
on the date specified in subdivision (a) where applicable.
   (g) When any of the holidays on which the schools would be closed,
except Lincoln Day, fall on Saturday, the community colleges shall
close on the preceding Friday, and that Friday shall be declared a
state holiday.
   (h) If any holiday on which the community colleges are required to
close pursuant to subdivision (a) occurs under federal law on a date
different than the date specified in subdivision (a), the governing
board of any community college district may close the community
colleges of the district on the date recognized by federal law and
maintain classes on the date specified in subdivision (a).
   (i) When Veterans Day would fall on Tuesday, the governing board
of a community college district may close the colleges on the
preceding Monday, and maintain classes on the date specified in
subdivision (a). When Veterans Day would fall on Wednesday, the
governing board of a community college district may close the
colleges on either the preceding Monday or the following Friday, and
maintain classes on the date specified in subdivision (a). When
Veterans Day would fall on Thursday, the governing board of a
community college district may close the colleges on the following
Friday, and maintain classes on the date specified in subdivision
(a).
   (j) When Lincoln Day would fall on Tuesday, the governing board of
a community college district may close the colleges on the preceding
Monday, the preceding Friday, or the following Friday, and maintain
classes on the date specified in subdivision (a) where appropriate.
When Lincoln Day would fall on Wednesday, the governing board of a
community college district may close the colleges on the preceding
Monday, the preceding Friday, or the following Friday, and maintain
classes on the date specified in subdivision (a). When Lincoln Day
would fall on Thursday, the governing board of a community college
district may close the colleges on the preceding Friday or the
following Friday, and maintain classes on the date specified in
subdivision (a). When Lincoln Day falls on Saturday, the governing
board of a community college district may close the colleges on the
preceding Friday or the following Friday, and maintain classes on the
date specified in subdivision (a) where appropriate.
   (k) In addition to the holidays specified in subdivision (a), a
community college may close on March 31 known as "Cesar Chavez Day"
if the governing board, pursuant to a memorandum of understanding
reached pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, agrees to close the
community college for that purpose.
   (  l  ) In addition to the holidays specified in
subdivision (a), a community college may close on the  fourth
Friday in September   second Monday in October 
known as "Native American Day" if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to close the community college for that
purpose.
   (m)  Nothing in this   This  section
 is to   shall not  be interpreted as
authorizing a community college district governing board to maintain
community colleges in its district for a lesser number of days during
the college year than the minimum established by law.
  SEC. 10.  Section 88203 of the Education Code is amended to read:
   88203.  All probationary or permanent employees who are part of
the classified service shall be entitled to the following paid
holidays if they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (c) and (d) of Section 79020 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 for classified or academic employees. College
recesses during the Christmas and Easter periods shall not be
considered holidays for classified employees who are normally
required to work during
that period; provided, however, that this shall not be construed as
affecting vacation rights specified in this section.
   Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
   When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
   Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
   In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" and a paid holiday on the  fourth
Friday in September   second Monday in October 
known as "Native American Day," if they are in a paid status during
any portion of the working day immediately preceding or succeeding
the holiday, if the governing board, pursuant to a memorandum of
understanding reached pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, agrees
to the paid holiday.
   This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
  SEC. 11.  Section 6700 of the Government Code is amended to read:
   6700.  The holidays in this state are:
   (a) Every Sunday.
   (b) January 1st.
   (c) The third Monday in January, known as "Dr. Martin Luther King,
Jr. Day."
   (d) February 12th, known as "Lincoln Day."
   (e) The third Monday in February.
   (f) March 31st known as "Cesar Chavez Day."
   (g) The last Monday in May.
   (h) July 4th.
   (i) The first Monday in September.
   (j) September 9th, known as "Admission Day."
   (k) The second Monday in October, known as  "Columbus Day."
  "   Native American Day." 
   (  l  ) November 11th, known as "Veterans Day."
   (m) December 25th.
   (n) Good Friday from 12 noon until 3 p.m.
   (o) Every day appointed by the President or Governor for a public
fast, thanksgiving, or holiday.
   Except for the Thursday in November appointed as Thanksgiving Day,
this subdivision and subdivisions (c) and (f) shall not apply to a
city, county, or district unless made applicable by charter, or by
ordinance or resolution of the governing body thereof.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1,
the memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of a memorandum
of understanding require the expenditure of funds, the provisions
shall not become effective unless approved by the Legislature in the
annual Budget Act.
  SEC. 12.  Section 6712 of the Government Code is amended to read:
   6712.  The Governor shall proclaim annually the  fourth
Friday in September     second Monday in
October  to be "Native American Day."
  SEC. 13.  Section 19853 of the Government Code is amended to read:
   19853.  (a) All state employees shall be entitled to the following
holidays: January 1, the third Monday in January, the third Monday
in February, March 31, the last Monday in May, July 4, the first
Monday in September,  the second Monday in October, 
November 11, Thanksgiving Day, the day after Thanksgiving, December
25, the day chosen by an employee pursuant to Section 19854, and
every day appointed by the Governor of this state for a public fast,
thanksgiving, or holiday.
   (b) If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding Friday
shall be deemed to be the holiday in lieu of the day observed.
   (c) Any state employee who may be required to work on any of the
holidays included in this section, and who does work on any of these
holidays, shall be entitled to receive straight-time pay and eight
hours of holiday credit.
   (d) For the purpose of computing the number of hours worked, time
when an employee is excused from work because of holidays, sick
leave, vacation, annual leave, compensating time off, or any other
leave shall not be considered as time worked by the employee for the
purpose of computing cash compensation for overtime or compensating
time off for overtime. 
   (e) Any state employee, as defined in subdivision (c) of Section
3513, may elect to receive eight hours of holiday credit for the
fourth Friday in September, known as "Native American Day," in lieu
of receiving eight hours of personal holiday credit in accordance
with Section 19854.  
   (f) 
    (e)  Persons employed on less than a full-time basis
shall receive holidays in accordance with the Department of Human
Resources rules. 
   (g) 
    (f)  If subdivision (a), (c), or (d) is in conflict with
the provisions of a memorandum of understanding executed or amended
pursuant to Section 3517.5 on or after February 1, 2009, or the date
that the act adding this section takes effect, whichever is later,
the memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of the memorandum
of understanding require the expenditure of funds, the provisions
shall not become effective unless approved by the Legislature in the
annual Budget Act. 
   (h) 
    (g)  This section shall become operative on February 1,
2009, or the date that the act adding this section takes effect,
whichever is later.
  SEC. 14.  Section 19853.1 of the Government Code is amended to
read:
   19853.1.  (a) Notwithstanding Section 19853, this section shall
apply to state employees in State Bargaining Unit 5.
   (b) Except as provided in subdivision (c), all employees shall be
entitled to the following holidays: January 1, the third Monday in
January, the third Monday in February, March 31, the last Monday in
May, July 4, the first Monday in September,  the second Monday in
October,  November 11, the day after Thanksgiving, December 25,
and every day appointed by the Governor of this state for a public
fast, thanksgiving, or holiday.
   If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding Friday
shall be deemed to be the holiday in lieu of the day observed. Any
employee who may be required to work on any of the holidays included
in this section and who does work on any of these holidays shall be
entitled to be paid compensation or given compensating time off for
that work in accordance with his or her classification's assigned
workweek group.
   (c) If the provisions of subdivision (b) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
   (d) Any employee who either is excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, is entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
   (1) January 1, the third Monday in January, the third Monday in
February, March 31, the last Monday in May, July 4, the first Monday
in September, November 11, Thanksgiving Day, the day after
Thanksgiving, and December 25.
   (2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
   (3) When a holiday, other than a personal holiday, falls on a
Saturday, an employee shall, regardless of whether he or she works on
the holiday, accrue only an additional eight hours of personal
holiday credit per fiscal year for the holiday. The holiday credit
shall be accrued on the actual date of the holiday and shall be used
within the same fiscal year.
   (4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
   (5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
   (6) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Human Resources rules.

   (e) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational needs
and collective bargaining agreements for the fourth Friday in
September, known as "Native American Day."  
   (f) 
    (e)  This section shall become effective with regard to
the March 31 holiday only when the Department of Human Resources
notifies the Legislature that the language contained in this section
has been agreed to by all exclusive representatives, and the
Department of Human Resources authorizes this holiday to be applied
to employees designated as excluded from the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512), Division 4, Title 1),
and the necessary statutes are amended to reflect this change.