BILL ANALYSIS UNFINISHED BUSINESS SB 1373 Torres (D), et al 8/15/94 21 p. 4855, 5/12/94 46-27, 8/18/94 SUBJECT: Public holidays: Cesar Chavez Day SOURCE: The author ____________________________________________________________________________ DIGEST: This bill would require the Governor to proclaim March 31 as š"Cesar Chavez Day" and to include March 31 in the list of state holidays. š(See analysis for details.) Assembly Amendment: 1. Allows, rather than requires, exercises, funded through existing š resources, to be conducted in all schools respecting Cesar Chavez Day. 2. Allows the State Board of Education to adopt a model curriculum guide š related to Cesar Chavez Day. 3. Deletes Columbus Day from the bill relative to state employees choosing š to receive holiday credit for that day instead of Cesar Chavez Day. ANALYSIS: Cesar Chavez was born on March 31, 1927, on a small farm šnear Yuma, Arizona that his grandfather homesteaded during the 1880's. šChavez passed away on April 23, 1993. When he was 10 years of age, he and his family sought work as migrant šlaborers, and later he served in the United States Navy. SB 1373 Page 2 Chavez was the founder of the United Farm Workers Union. His union was the šfirst to win collective bargaining for farm workers. At its peak in the š1980's, the U.F.W.'s collective bargaining agreements covered about 80,000 šworkers in California, Arizona, and Florida. The cities of Sacramento and San Fernando have designated March 31 as the šlegal holiday "Cesar Chavez Day." Specifics of SB 1373: SB 1373 would add March 31, to be known as "Cesar Chavez Day" to the list šof state holidays. (See attached list of the current 13 state holidays.) Allows public schools and community colleges to be closed on that day if šthe governing boards through a memorandum of understanding (MOU) agree to šclose the schools or community colleges. Grants classified educational šemployees a paid holiday if agreed upon through a MOU. Requires that on March 31 or on the day determined by the governing board, špublic schools and educational institutions throughout the state are to šinclude exercises, funded through existing resources, commemorating and šdirecting attention to the history of the farm labor movement in the United šStates and particularly the role therein of Cesar Chavez. Requires the Governor to proclaim March 31 as "Cesar Chavez Day" each year. Allows state employees, as specified, to choose eight hours of holiday šcredit for March 31 (Cesar Chavez Day) in lieu of receiving eight hours of špersonal holiday credit. The bill would not increase the total number of paid state holidays in law šor in collective bargaining agreements as of January 1, 1994. Trial courts would be allowed to continue to operate on Cesar Chavez Day. Finally, the bill does not apply to city, county, or districts unless made šapplicable by charter or the local government body. Related legislation: SB 1253 (Torres) would have designated March 31 to be known as Cesar Chavez šDay and to be a state holiday. Vetoed by the Governor. SJR 17 (Calderon; Reso. Chap. 50, 1993) adopted by the Senate last year šmemorializes the President and Congress to annually proclaim March 31 as a šnational public holiday known as "Cesar Chavez Day." Passed the Senate 25- š5. ACR 49 (Polanco), currently pending on the inactive file in the Senate šwould annually declare March 31 as "Cesar Chavez Day" in California. CONTINUED SB 1373 Page 3 GOVERNOR'S VETO MESSAGE OF SB 1253: "This bill would prescribe a new holiday on March 31 every year, to be š known as 'Cesar Chavez Day,' for state agencies, the public schools and the community colleges to be implemented through collective bargaining. Public schools and community colleges throughout the state would additionally be required to offer instruction on the history of Cesar Chavez and the farm labor movement in observance of this day. This bill would also authorize local governments to make this holiday applicable by charter, ordinance or resolution. "Currently there are thirteen paid state holidays offered in š California. In light of the tight budget constraints under which the state is currently operating, it would be imprudent to designate yet another negotiable paid holiday. "It is certainly appropriate to designate additional days of official š state recognition or commemoration, on the condition that it would not increase the current number of paid state holidays provided in law or collective bargaining agreements, following the practice of the U.S. Congress. Thirteen paid holidays are enough. "The purposes of this bill may be largely achieved in ways that present š no fiscal impact whatsoever anyway. Other famous figures have been honored with commemorative ceremonies on days of special significance where businesses, schools and government agencies stay open. "Additionally, if local governments choose to proclaim a local holiday, š they may do so on their own initiative without state authorization or intervention." Page 3445, 9/11/93 FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: Yes SUPPORT: (Verified 8/19/94) CONTINUED SB 1373 Page 4 United Domestic Workers of America California Firefighters California Teachers Association California Federation of Teachers Northern California District Council (ILWU) Los Angeles County Office of Education Unions: American Federation of Nurses Social Service Union, Local 535 SEIU, Oakland Jerry Fellengim, Leg. Political Director California Labor Federation, AFL-CIO, John F. Henning, San Francisco California Teachers Association, Governmental Relations Division, Sacramento United Domestic Workers of America Darnell Miles, San Diego Cemetery Workers & Greens Attendants Union, Local 265, John Martin, Exec. Board Member, Oakland California Professional Firefighters, Brian Hatch, Dir. Gov. Affairs State Building and Construction Trade Council Charlie Reiter California Federation of Teachers, AFL-CIO Judy Michaels, Legislative Dir., Sacramento Hotel Employees & Resaurant Employees Union, AFL-CIO Local 11, Los Angeles, Maria Elena Durazo, President SEIU, Local 660 (42,000+ employees), Los Angeles Gilbert Cedillo, General Manager Asian American Federation of Union Members, San Francisco George Wong, President Organizations: Barrio Station, San Diego Rachael Ortiz, Executive Director Beatriz Bustamante, Hispanic Advisory Committee of Danville Community College Educators of New Californians Saeed Ali, Director, Government Relations, and Member, Latino Leadership Education Coalition Confederation of Mexican American Organizations Frank Orozco, President Nancy Jacobson, Alternate Delegate, Democratic National Convention 1978, Albany Theresa Perez, California Catholic Conference, Sacramento Monsignor James Petersen and Juan Jose Gloria, Associate Director, Hispanic Affairs, California Catholic Conference, Sacramento Center for Employment Training (CET), San Jose Russell Tershy, Executive Director Hispanics for Political Action, Irene Andes, Vice Pres., Stockton CONTINUED SB 1373 Page 5 Stockton Human Rights Task Force, Louis Gonzales, Chairman, Stockton LULAC, League of United Latin American Citizens Marcos Contreras, Director Dist. 17, Stockton MAPA, Mexican American Political Association Ben Benavidez, President, Fresno St. Joseph The Worker Social Justice Committee Father O'Donnell California Coalition of Hispanic Organizations Mario G. Obledo, Sacramento MALDEF, Mexican American Legal Defense and Educational Fund Claudia Martinez, Policy Analyst, Sacramento CRLA, California Rural Legal Assistance, Inc. Jose R. Padilla, Exec. Dir., San Francisco MAGA, Mexican American Grocers Association Steven Soto, Pres., Los Angeles Latin Business Association Ana Barbosa, Pres., Los Angeles American GI Forum of California Leo Avila, Chair, Oakdale La Cooperative Campesina de California, Board of Directors Art Naldoza, Deputy Director, Sacramento Consumers Union Michael Terhorst, San Francisco Latino Issues Forum John Gamboa, Exec. Dir., San Francisco Hispanic Coalition on Higher Education Laura Valles, Policy Analyst, San Francisco CVOC, Central Valley Opportunity Center, Board of Directors Charles Wimbley Exec. Director, Merced Proteus Inc, Board of Directors, William Maguy CEO, Visalia California Human Development Corporation, Board of Directors Maricela Monterrubio, Santa Rosa Hispanic Chamber of Commerce of Alameda County, Felix Galaviz, Hayward National Hispanic University, B. Roberto Cruz, President, San Jose La Clinica de la Raza- Fruitvale Health Project, Inc. Jane C. Garcia, Exec. Dir., Oakland Adelante, Inc. Silva Calderon, Exec. Director, Berkeley Chinese for Affirmative Action Henry Der, Exec. Dir, San Francisco East Valleys Organization Margarita Vargas, Chair, Monrovia CA College Educators of New Californians, Joe Flores, President, Los Angeles MECHA/College of the Canyons, Pres. Ernesto Gudino, Val Verde North Orange County Democrats, E.J. Schales, President, Anaheim CONTINUED SB 1373 Page 6 Arab American Caucus, CA Democratic Party Carol El-Shaieb, Chair, San Jose 6th Grade Class, South Central L.A., (cards from 20 students) Latina Vision (non-profit organization, women in entertainment industry) Sonia Rosario, President, Santa Monica Sacramento Urban League James Shelby, President Oganizations w/Petitioners: Latin American Teachers Assc., Claire Merced (representing 2,000+ petitioners) Jesuit School of Theology at Berkeley Hispanic Ministry Program Dir. Allen Ramierez-Martinez, Berkeley (representing 2,000+ petitioners) Superintendent of Schools S.F. Waldemar Rojas, San Francisco (representing 2,000+ petitioners) Spanish Speaking Citizens' Foundation Jose Arredondo, Oakland, 510-261-7839 (representing 2,000+ petitioners) Oakland School Board Noel Gallo, Oakland (representing 2,000+ petitioners) Oakland Diocese Hispanic Pastoral Center Michael Ramos, Director, Oakland (representing 2,000+ petitioners) Ignacio de La Fuente - City Councilman Oakland (representing 2,000+ petitioners) United Educators of San Francisco Judy Dellamonies, Vice Pres., San Francisco (representing 6,000 petitioners) Fr. Bill O'Donnell - St. Joseph the Worker Pastor (representing 2,000+ petitioners) Eva Royal - Com. del Barrio Brd. Mem. (representing 2,000+ petitioners) Elected Offials: Larry Acheatel, Superintendent South Bay Union Elementary School District, Imperial Beach Dr. Joseph Acosta, Trustee, San Joaquin Delta Community College District Elvia Aguilar, Board Vice President, South Bay USD, Imperial Beach Richard Alarcon, Councilmember, City of Los Angeles Joe V. Alderete, Mayor, City of La Puenta Angela Alioto, President, San Francisco Board of Supervisors Blanca Alvarado, Vice Mayor, City of San Jose Tom Ammiano, Board Member, San Francisco USD Diana Angela, Councilmember, City of San Pablo Alice Arnold, Board Member, South Bay Unified School District, Imperial Beach City of Baldwin Park CONTINUED SB 1373 Page 7 Kathleen Brown, State Treasurer Georeino Caraveo, Board Member, Mountain View Elementary SD, South El Monte Christina Carrezosa, Councilmember, City of Pomona Victoria M. Castro, Member, Los Angeles Board of Education Dr. Arnulfo Cedillo, Board Member, Chabot-Las Positas Community College District, Pleasanton Connie Cisneros, Councilmember, City of Colton Commissioner Carlota del Portillo, Board Member, San Francisco USD Congressman Ronald Dellums, U.S. Congress 8th District, Oakland Rudy Favilla, Councilmember, City of Ontario Wayne Flores, Councilmember, City of Manteca Maria Fuentes, Trustee, Evergreen Community College District, San Jose Carmella Garnica, Board Member, Palos Verde USD Conrad Gloria, Board Member, Planada Unified School District Mary Lou Gomez, Bd. of Education Trustee, Norwalk USD Louie Gonzalez, Pres., Little Labe City School Board Sally Morales Havice, Board Vice President, ABC Unified School District, Cerritos Ralph Hernandez, Councilmember, City of San Bernardino Esau Herrera, Board Member, Alum Rock Elementary School District, San Jose Barbara Hopkins, Board Member, South Bay Unified School District, Imperial Beach Commissioner Dan Kelley, Board Member, San Francisco Unified School District Brenda Latham, Board President, South Bay Unified School District, Imperial Beach S.R. "Al" Lopez, Councilmember, City of Corona Mary Loya, Member, Cerritos College Board of Trustees Mexican American Education Commission of the Los Angeles Unified School District, Dir. Manuel N. Ponce, Los Angeles Norwalk-LA Mirada Unified School District, Superintendent Robert Aguilar, Norwalk City of Orange Cove Mayor Lopez & City Council, Orange Cove Pedro Perales, Superintendent, Alum Rock Unified Elementary School District, San Jose Bernardo Perez, Councilmember, City of Moorpark Dr. Enriquetta Ramos, Vice President, Rancho Santiago Board of Trustees, Santa Ana Gabe Reyes, Trustee, Gavilan Community College District, Morgan Hill Doris Rodriquez, Councilmember, City of Hayward City of Sacramento Mayor Serna, Councilwoman Ortiz, Sacramento Raul P. Salcido, Board Vice President, El Rancho Unified School District, Pico Rivera David Sandoval, Councilmember, City of Colton City of San Francisco Hon. Evonne Schulze, Vice President, San Diego Community College Board of Trustees Maria Nieto Senour, Trustee, San Diego Unified School District Pete Valdez, Councilmember, City of Gilroy Mike Varela, Board Member, Upland Unified School District CONTINUED SB 1373 Page 8 Member, Housing Commission, City of Upland Jeff Vasquez, Councilmember, City of San Juan Capistrano Tony Vasquez, Mayor pro Tempore, City of Santa Monica Leland Y. Yee, Ph.D., Board Member, San Francisco Unified School District Individuals: Rachel Abad, Santa Ana Ruben Abrica, Ravenswood City Elementary School East Palo Alto Natalie Acevedo, Santa Ana Olivia Aguilar, Huntington Beach Lucia Kim August, Marriage, Family and Child Counselor, Fremont Monica Avina, Atwater Venado Ayala, San Jose Alejandro Barba, Fullerton Humberto Camacho, Watsonville Florentino Carrillo, Anaheim Guadalupe Carrillo, Anaheim Pedro Castaneda Steve and Janet Cervantes, San Jose Howell Chan, San Francisco Francis Collins, San Francisco Rogelio Contrera, Watsonville Monico Corral, San Francisco Angel Cortez, Davenport Anna Cortez, Orange Anna Cortez, Torrance Sonia R. Cortez, San Jose Mary Ann Cramer, San Francisco Luis Cruz, San Jose Antonio Delgado, Santa Cruz Enrique Diaz, Los Angeles Andrea Elukovich, San Francisco Bob English, Farm Workers', San Francisco Juan Estrada, Santa Cruz Elena Flores, Ph.D., Castro Valley Fernando Gallo, Westminster Alfredo Garcia, Berkeley Antonio Garcia, Santa Ana Domingo Garcia, Berkeley Evangelina Garcia, Santa Ana Humberto Garcia, Prundale Delia Gonsalez, Ukiah Eliz Gonzalez, Alameda Fidel Gonzalez, Westminster Jose J. Gonzalez, Moss Beach Miguel Gonzalez, Santa Ana Ramiro Gonzalez, Santa Ana Evangelina Gracia, Santa Ana Jaime Gutierrez, Morgan Hill Ricardo Gutierrez, Morgan Hill CONTINUED SB 1373 Page 9 Consuelo Hernandez, Saratoga Enrique Hernandez, Sacramento Jesus Hernandez, Sacramento Delores Huerta, Keene Lydia J. Kahler, Sacramento Carol Kalons, Berkeley Joseph Keldsen, Watsonville Jim Korbel, San Jose Richard LeGaspi, Hollywood Carlos M. Lemus, Santa Ana Patricia Lindsey, Campbell Jose Lopez, Watsonville Jose Jorge Lopez, Anaheim Graciela P. Lozoya, Sacramento Jose A. Luna, Santa Ana Reynaldo Maldonado, Morgan Hill Vera Marquez, Garden Grove Antoinette Martinez, Sacramento Arthur and Mary Martinez, Oakland Liborio C. Martinez, Santa Ana Natalia Ruano Martinez, Teacher, Montebello Unified School District Raul Martinez, Teacher, Montebello Unified School District Ernesto Medrano, Pico Rivera Maria Mejia, Dana Point Margarita Mendez, Redwood City Cindy Miranda, Sacramento Ivan Monroy, Watsonville Alma Mora, Stockton Carla Mora, Stockton Linda G. Mora, Stockton Raul Mora, Sr., Stockton Raul Mora, Jr., Stockton Jose D. Morales-Ramos, Huntington Beach Martin Moran, Watsonville Dan Munoz, San Jose Frank and Lucy Najera, Atwater Manuel Nava, Watsonville Apaliner Navarro, Watsonville Ines Norton, Anaheim Alice C. Olvera, West Sacramento Laurie Omarr, San Rafael Juanita P. Ontiveros, Sacramento Ramon J. Ontiveros, Sacramento Antonio Ortego, Watsonville Santa Clara Ortiz, Santa Ana Ian Padilla, Grass Valley Lisa Padilla, Tustin Maria G. Palacios-Silva, San Bernardino Juan Perez, Soledad Raul Perez, Freedom Shereen Peters, Rialto Tran Binh Phu, Santa Ana CONTINUED SB 1373 Page 10 Maria Elena Pineda, Sacramento Hector Polendo, Sacramento Jose Polendo, Jr., Sacramento Ramon Quintanilla, Santa Ana Joel Quintero, Salinas Ismael Ramirez, Watsonville Maria Raya, Aptos Sylvia E. Reyes, Sacramento Constance Rincon, San Francisco Sally Rivera, Stockton Silverio Rizo, Watsonville Jose L. Rodriguez, Watsonville Rosario Rodriguez, Santa Ana Rogelia Rojas, San Juan Capistrano Rolando H. Saenz, M.D., Sherman Oaks Barbara Salcedo, Galt Joel Sanchez, Watsonville Yesenia Sanchez, Los Angeles Bertha Segovia, Santa Ana Grace Severtson, Corte Madera Simon Silva, San Bernardino Sandalio Solano, La Palma Frederick Stout, San Francisco Guillermo Tonescaro, Garden Grove Aurora Trinidad, Watsonville Arnold Trogman, San Francisco Don Trujillo, Sacramento Jose Luis Vega, Watsonville Eloisa Velasquez, La Palma Adolfo Velez, Santa Cruz Noe Zuniga, Salinas OPPOSITION: (Verified 8/19/94) California Grape and Tree Fruit League ARGUMENTS IN SUPPORT: Proponents indicate that honoring Cesar Chavez šin this manner allow his efforts on behalf of farm workers to remain in the špublic's awareness, ensure the history of the farm labor movement is passed šon to future generations, and all peoples are reminded of the importance of šimproving the working and social conditions of all American workers through šeducation and nonviolent activities. ARGUMENTS IN OPPOSITION: The League recognizes that the bill as šamended shows improvement by authorizing the State Board of Education to šadopt a model curriculum guide to be available for use by public schools. šHowever, the League believes that any such exercises conducted by schools, šand any such model program developed by the State Board should also šcommemorate the benefits that farmers and farms bring to California. An šamendment to that effect would substantially improve SB 1373. CONTINUED SB 1373 Page 11 ASSEMBLY FLOOR VOTE: CONTINUED SB 1373 Page 12 STATE HOLIDAYS PUBLIC SCHOOL HOLIDAYS EVERY SUNDAY NEW YEARS DAY NEW YEARS DAY January 1 January 1 DR. MARTIN LUTHER KING DAY DR. MARTIN LUTHER KING DAY January 15 (third Monday) January 15 (third Monday) LINCOLN DAY LINCOLN DAY February 12 February 12 WASHINGTON DAY WASHINGTON DAY Third Monday in February Third Monday in February CESAR CHAVEZ DAY (proposed) CESAR CHAVEZ DAY (proposed) March 31 March 31 MEMORIAL DAY MEMORIAL DAY Last Monday in May Last Monday in May JULY 4th JULY 4th LABOR DAY LABOR DAY First Monday in September First Monday in September ADMISSION DAY September 9 COLUMBUS DAY Second Monday in October VETERANS DAY VETERANS DAY November 11 November 11 *THANKSGIVING DAY THANKSGIVING DAY November November CHRISTMAS DAY CHRISTMAS DAY December 25 December 25 * Day proclaimed by the President as "Thanksgiving Day." RR:jk 8/19/94 Senate Floor Analyses CONTINUED SB 1373 Page 13 CONTINUED