AB 1023: Ronald Reagan Day: state holiday.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-03-28
Existing law designates specific days as holidays in this state. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays.
This bill would recognize February 6, known as Ronald Reagan Day, as a state holiday. The bill would authorize any state employee, as defined, consistent with departmental operational needs and collective bargaining agreements, as applicable, to elect to receive Ronald Reagan Day, as a holiday in lieu of receiving any other specified holidays.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, as defined, if authorized by their governing bodies or the Legislature, by agreement to jointly exercise any power common to the contracting parties. The act authorizes the parties to provide that contributions from the treasuries, payments of public funds, and advances of public funds may be made, or personnel, equipment, or property may be used, for the purposes set out in the agreement.This bill would make nonsubstantive changes to that provision.The Joint Exercise of Powers Act authorizes 2 or more public agencies, as defined, if authorized by their governing bodies or the Legislature, by agreement to jointly exercise any power common to the contracting parties. The act authorizes the parties to provide that contributions from the treasuries, payments of public funds, and advances of public funds may be made, or personnel, equipment, or property may be used, for the purposes set out in the agreement.
This bill would make nonsubstantive changes to that provision.
(a)The holidays in this state are: are all of the following:
(1)Every Sunday.
(2)January 1st. 1.
(3)The third Monday in January, known as Dr. Martin Luther King, Jr. Day.
(4)February 6, known as Ronald Reagan Day.
(4)(5)February 12th, 12, known as Lincoln Day.
(5)(6)The third Monday in February.
(6)(7)March 31st, 31, known as Cesar Chavez Day.
(7)(8)The last Monday in May.
(8)(9)July 4th. 4.
(9)(10)The first Monday in September.
(10)(11)September 9th, 9, known as Admission Day.
(11)(12)The fourth Friday in September, known as Native American Day.
(12)(13)The second Monday in October, known as Columbus Day.
(13)(14)November 11th, 11, known as Veterans Day.
(14)(15)December 25th. 25.
(15)(16)Good Friday from 12 noon until p.m. to 3 p.m.
(16)(17)(A)Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
(B)Except for the Thursday in November appointed as Thanksgiving Day, this paragraph and paragraphs (3) and (6) (7) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.
(b)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. 2.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
(1)January 1.
(2)The third Monday in January, the January.
(3)The third Monday in February, March 31, the February.
(4)March 31.
(5)The last Monday in May, July 4, the May.
(6)July 4.
(7)The first Monday in September, November 11, Thanksgiving Day, the September.
(8)November 11.
(9)Thanksgiving Day.
(10)The day after Thanksgiving, December 25, the Thanksgiving.
(11)December 25.
(12)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 (a) 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)Any state employee, as defined in subdivision (c) of Section 3513, consistent with departmental operational needs, may elect to receive February 6, known as Ronald Reagan Day, as a holiday in lieu of receiving any other holiday included in this section.
(f)(g)Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
(g)(h)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)This section shall become operative on February 1, 2009, or the date that the act adding this section takes effect, whichever is later.SEC. 3.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 all of the following holidays: January 1, the
(1)January 1.
(2)The third Monday in January, the January.
(3)The third Monday in February, March 31, the February.
(4)March 31.
(5)The last Monday in May, July 4, the May.
(6)July 4.
(7)The first Monday in September, November 11, the September.
(8)November 11.
(9)The day after Thanksgiving, December 25, and every Thanksgiving.
(10)December 25.
(11)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 classifications 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)(1)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 all of the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
(1)(A)January 1, the 1.
(B)The third Monday in January, the January.
(C)February 6.
(D)The third Monday in February, March 31, the February.
(E)March 31.
(F)The last Monday in May, July 4, the May.
(G)July 4.
(H)The first Monday in September, November 11, Thanksgiving Day, the September.
(I)November 11.
(J)Thanksgiving Day.
(K)The day after Thanksgiving, and December 25. Thanksgiving.
(L)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 classifications 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)Any employee, as defined in subdivision (c) of Section 3513, consistent with departmental operational needs and collective bargaining agreements, may elect to receive February 6, known as Ronald Reagan Day, as a holiday in lieu of receiving any other holiday included in this section.
(f)(g)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.
SECTION 1.Section 6504 of the Government Code is amended to read:6504.(a)The parties to an agreement may provide for the following:(1) Contributions from the treasuries may be made for the purpose set forth in the agreement.(2)Payments of public funds may be made to defray the cost of the purpose set forth in the agreement.(3) Advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement.(4)Personnel, equipment, or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances.(b)The funds described in subdivision (a) may be paid to and disbursed by the agency or entity agreed upon, which may include a nonprofit corporation designated by the agreement to administer or execute the agreement for the parties to the agreement.(a)The parties to the an agreement may provide that (a) contributions for the following:
(1) Contributions from the treasuries may be made for the purpose set forth in the agreement, (b) payments agreement.
(2)Payments of public funds may be made to defray the cost of such purpose, (c) advances the purpose set forth in the agreement.
(3) Advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement, or (d) personnel, equipment agreement.
(4)Personnel, equipment, or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances. The
(b)The funds described in subdivision (a) may be paid to and disbursed by the agency or entity agreed upon, which may include a nonprofit corporation designated by the agreement to administer or execute the agreement for the parties to the agreement.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Jan 11, 2018 | In committee: Set, second hearing. Failed passage. |
| Apr 17, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 29, 2017 | Re-referred to Com. on P.E., R., & S.S. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on P.E., R., & S.S. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jan 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Employees, Retirement, and Social Security |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: January 11, 2018
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY
Freddie Rodriguez, Chair
ABPCA Bill Id:AB 1023 (
Author:Brough) – As Amended Ver:March 28, 2017
SUBJECT: Ronald Reagan Day: state holiday
SUMMARY: Designates February 6 as Ronald Reagan Day, a state holiday that would permit any state employee, as defined, to elect to receive this day as a holiday in lieu of other holidays, among other provisions. Specifically, this bill:
- Makes technical changes to the Government Code regarding existing state holidays.
- Designates February 6 as “Ronald Reagan Day,” a paid holiday for state employees, as defined, including those excluded from the definition of state employee, nonelected officers or employees of the executive branch who are not members of the civil service, and state employees of State Bargaining Unit 5 (Highway Patrol).
- Provides that, consistent with departmental operational needs, specified state employees may elect to receive this day as a holiday in lieu of receiving any other state holiday.
- Makes the election to receive this holiday by state employees covered by a collective bargaining agreement, subject to the provisions of the collective bargaining agreement.
EXISTING LAW:
- Establishes February 6 each year as Ronald Reagan Day, a commemorative day that encourages public schools and educational institutions to engage in exercises remembering the life of Ronald Reagan; and, requires the Governor to annually proclaim February 6 as Ronald Reagan Day.
- Establishes each of the state holidays, as follows:
a) Every Sunday.
b) January 1.
c) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
d) February 12, known as “Lincoln Day.”
e) The third Monday in February.
f) March 31, known as “Cesar Chavez Day.”
g) The last Monday in May.
h) July 4.
i) The first Monday in September.
j) September 9, known as “Admission Day.”
k) The fourth Friday in September, known as “Native American Day.”
l) The second Monday in October, known as “Columbus Day.”
m) November 11, known as “Veterans Day.”
n) December 25.
o) Good Friday from 12 noon until 3 p.m.
p) Every day appointed by the President or Governor for a public fast, Thanksgiving, or holiday.
- Provides that the Thursday in November appointed as Thanksgiving Day, the Third Monday in January, known as “Dr. Martin Luther King, Jr. Day,” and March 31, known as “Cesar Chavez Day” do not apply to cities, counties or districts unless made applicable by charter, ordinance or resolution of their respective governing bodies.
- Provides that if these holidays are in conflict with a memorandum of understand (MOU), the MOU is controlling, among other provisions.
- Defines, pursuant to subdivision (c) of Section 3513 of the Government Code, “state employee” to mean civil service employees of the state, and teaching staff of schools under the jurisdiction of the State Department of Education or Superintendent of Public Instruction, and excepts from this definition, managerial, confidential, and supervisory employees, employees of the Department of Personnel Administration, specified professional employees of the Department of Finance, specified employees of the State Controller’s Personnel/Payroll Services Division, employees of the Legislative Counsel Bureau, Bureau of State Audits, Office of the Inspector General, employees of the Public Employment Relations Board, conciliators employed by the State Mediation and Conciliation Service, specified employees of the Office of the State Chief Information Officer, and intermittent employees of the State Athletic Commission.
- Specifies holidays for state employees who are civil service employees; holidays for state employees in State Bargaining Unit 5 (Highway Patrol); and, holidays with pay for excluded employees of the state, and nonelected officers or employees of the executive branch of government who are not members of civil service.
- Provides that if a state holiday falls on Saturday or Sunday, the preceding Friday, or following Monday, respectively, is deemed the holiday in lieu of the day observed.
- Provides for rate of pay, compensating time off, calculating hours worked when an employee is excused from work on a holiday, and holiday credit, as specified.
FISCAL EFFECT: Unknown. This bill has been flagged as fiscal by Legislative Counsel.
COMMENTS:
- Comments by the Author
“In 2006, Ronald Reagan was inducted into the California Hall of Fame and his statue is featured in our Capitol rotunda. Just as Texas celebrates President Lyndon B. Johnson day and Missouri recognizes President Truman on May 8, California should proudly honor their special historical figure – the 40th President and our 33rd Governor, Ronald Reagan.
Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor and President of the United States. In an attempt to minimize the impact of adding another state holiday, Assembly Bill 1023 does not increase the total number of holidays California state employees and schools can take off, allowing them to choose Ronald Reagan Day in lieu of receiving any other specified holiday or personal holiday credit.”
- An Optional Holiday in Lieu of Another State Holiday
For state holidays that fall on a Saturday or Sunday, existing law provides for the preceding Friday or following Monday to be the holiday in lieu of (i.e., instead of, or in the place of) the statutorily designated date for the state holiday.
This measure would establish February 6 as “Ronald Reagan Day,” a state holiday that may be taken by specified state employees in lieu of (i.e., instead of, or in the place of) any other statutory state holiday.
Although this measure would establish another state holiday, in practical effect, Ronald Reagan Day is intended to be used as an optional holiday for observance to substitute for any other statutory state holiday that a state employee may, instead, not want to observe. For example, an employee may elect to observe Ronald Reagan Day as a holiday instead of Martin Luther King, Jr. Day, or Cesar Chavez Day or Veterans Day.
- An Optional Holiday Similar to a Floating Personal Holiday
For purposes of tracking, monitoring and reporting by various state agencies, departments, commissions and boards, the use of this optional state holiday may be considered as being similar to a floating personal holiday that permanent state employees are entitled to receive each fiscal year that may be taken at any time, subject to employer operational needs, but instead, recognized as a statutory state optional holiday.
- Monitoring and Tracking the Observance of an Optional Holiday
For employees who may be required to work on any of the existing state holidays and who do work on any of those holidays, they are entitled to compensation, or compensating time off for that work based on his or her classification’s assigned workweek group, unless the employee is covered under a MOU that include provisions regarding compensation, compensating time off or other benefit related to work on holidays.
As a day of observance in lieu of any other state holiday, Ronald Reagan Day would require state employers to monitor and track the time off for each employee who chooses to observe Ronald Reagan Day as a state holiday instead of any other statutory state holiday.
Given the number of state employees among the various agencies, departments, commissions, and boards, and the current operational requirements of tracking employee time for existing state holidays, floating personal days, compensation, or compensating time off, this measure would add another item for monitoring, tracking for purposes of payroll and in consideration of operational needs by state agencies, departments, commissions, and boards.
- Prior/Related Legislation
2010: Chapter 114 (Senate Bill 944, Runner), designates February 6 each year as Ronald Reagan Day; encourages public schools and educational institutions to engage in exercises remembering the life of Ronald Reagan; and, requires the Governor to annually proclaim February 6 as Ronald Reagan Day.
2004: Chapter 10 (ACR 164, Haynes), a resolution that recognizes February 6 as Ronald Reagan Day.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957
Bill Author
Bill Co-Author(s):