Existing law includes among the holidays in this state the second Monday in October, known as Columbus Day.

This bill would change the name of the Columbus Day holiday in California to Indigenous Peoples Day and would make conforming changes.

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: 1490 Hearing Date: 4/24/2018

SUBJECT: Holidays: Columbus Day: Indigenous Peoples’ Day

DIGEST: This bill changes the name of the Columbus Day holiday in California to Indigenous Peoples’ Day.

ANALYSIS:

Existing law recognizes various state holidays, these days include:

1. Every Sunday.
2. January 1^st.
3. The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
4. February 12^th, known as “Lincoln Day.”
5. The third Monday in February.
6. March 31^st, known as “Cesar Chavez Day.”
7. The last Monday in May.
8. July 4^th.
9. The First Monday in September.
10. September 9^th, known as “Admission Day.”
11. The fourth Friday in September, known as “Native American Day.”
12. The second Monday in October, known as “Columbus Day.”
13. November 11^th, known as “Veterans Day.”
14. December 25^th.
15. Good Friday from 12 noon until 3 p.m.
16. Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.

This bill changes the name of the Columbus Day holiday in California to Indigenous Peoples’ Day, and makes conforming changes.

Background

Purpose of the bill. According to the author, “renaming this holiday is one simple yet profound step in recognizing that the voices and stories of Native Americans have been silenced for hundreds of years. Columbus has been incorrectly credited for discovering the Americas when millions of indigenous civilizations already had flourished prior to his invasion.”

Further, the author states that “by renaming the holiday to Indigenous Peoples’ Day, California takes one profound step in honoring the legacy and contributions of the original inhabitants of this continent and helping to correct the record about California’s history. Rather than using the day to celebrate an instance in our history that gave rise to division, exploitation, oppression, and massive depopulation, we should use it to strengthen the bonds that tie us as Californians and our shared humanity.”

Columbus Day. Christopher Columbus is typically attributed with being the first European to visit the Western Hemisphere in the modern era; however, it is likely other Europeans visited the Americas previously. While the first Columbus Day in the United States was celebrated shortly after the signing of the Constitution, the holiday didn’t begin gaining widespread popularity for another century. California’s first Columbus Day celebration was held in 1869, in San Francisco’s Little Italy. Today, Columbus Day is recognized in California every second Monday of October.

The modern critique of Columbus’ historical role has led to a number of cities in California, and across the nation, to replace Columbus Day with Indigenous Peoples’ Day. The author argues that Columbus’ legacy has been widely romanticized, and that the population of Native California Indians was decimated after contact with Europeans initiated by Columbus. The City of Berkeley first recognized Indigenous Peoples’ Day in 1992, followed by a number of Californian cities including Santa Cruz, Long Beach, Burbank, San Luis Obispo, and both the city and county of Los Angeles.

In January of this year, the San Francisco Board of Supervisors voted to rename Columbus Day as Indigenous Peoples Day, however, in response to protests from Italian American communities, the Board voted to designate the day as both Indigenous Peoples Day and Italian American Heritage day at their meeting on April 17.

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.

This bill does not give state employees a day off from work – state agencies will remain in operation on Indigenous Peoples’ Day, unless otherwise specified in existing bargaining contracts. State workers’ paid holidays are bound by the provisions of a memorandum of understanding negotiated with the Governor. Similarly, at the local level, cities may specify by charter, ordinance, or resolution those paid holidays the city will provide to its city employees.

It should also be noted that the fourth Friday of September is recognized as “Native American Day” every year.

Prior/Related Legislation

AB 1973 (R. Hernandez, Chapter 537, Statutes of 2014) recognized the 4^th Friday in September as a state holiday to be known as “Native American Day.”

SB 1324 (Anderson, 2014) would have established a California Native American Monument in the State Capitol Park to honor the contributions, history, and culture of Native Americans in California. (Held in the Senate Rules Committee)

AB 1953 (Baca, Chapter 637, Statutes of 1998) established “Native American Day,” authorized public school governing boards to close for this day, authorized school districts to conduct exercises or instruction that focuses students on the contributions of Native Americans, and required the Governor to annually proclaim the 4^th Friday 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 much of the list of days having special significance, when public schools are encouraged to observe and conduct suitable commemorative exercises.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

Agua Caliente Band of Cahuilla Indians

American Indian Child Resource Center

Barona Band of Mission Indians

Barrio Logan College Institute

Barrio Station

California Consortium for Urban Indian Health

California Indian Heritage Center Foundation

California Indian Manpower Consortium, Inc.

California School Boards Association

California Tribal College

Capitol Area Indian Resources, Inc.

Cathy Murillo, Mayor of Santa Barbara

Chicano Federation of San Diego County, Inc.

City of Santa Barbara

Coyote Valley Band of Pomo Indians

Dry Creek Rancheria Band of Pomo Indians

Foothill Indian Education Alliance, Inc.

Graton Rancheria

Habematolel Pomo of Upper Lake

Inter-Tribal Council of California, Inc.

JDRF San Diego

Karuk Tribe

National Indian Education Association

Pechanga Band of Luiseno Indians

Redwood Valley Little River Band of Pomo Indians

Sacramento Native American Health Center, Inc.

San Diego Food Bank

San Francisco Unified School District

San Luis Rey Band of Mission Indians

Santa Ynez Band Of Chumash Indians

Sycuan Band of the Kumeyaay Nation

The 5^th Direction

Tuolumne Band of Me-Wuk Indians

Tribal Alliance of Sovereign Indian Nations

Tribal Law and Policy Institute

Tribal Trust Foundation

Wilton Rancheria

OPPOSITION:

California Italian-American Task Force

Seven individuals

ARGUMENTS IN SUPPORT: According to the California Tribal College, “for far too long, the celebration of Columbus Day has obscured and ignored the tragic political doctrine of genocide i.e., spread of deadly disease, forced religious conversion, brutal mistreatment and murder, and the modern-day reservation and allotment system. Despite centuries of adversity through a brutal and hegemonic history, Native Americans have survived and thrived. Albeit, tribal nations continue to face the harsh vestiges of this legacy through disproportionate opportunities, infrastructure, and services.”

In support of the bill, the National Indian Education Association writes, “Native cultures have endured and thrived for centuries despite attempts to destroy and assimilate them. Celebration of Columbus Day recalls a horrific period in American history and disrespects Native communities that continue to face the effects of this legacy. The history of the original people of this land is a proud and vibrant history, one that should be taught to others, and most importantly young students in the public and private school systems. Through the establishment of Indigenous Peoples’ Day, students in schools across the state will have the opportunity to gain a more comprehensive understanding of the state’s diverse communities and their respective cultures, languages, histories, and teachings.”

ARGUMENTS IN OPPOSITION: The California Italian-American Task Force (Task Force) writes that “Italian Americans have made enormous contributions to the development of California. Many of the State’s basic industries were established and built by Italian American immigrants and their descendants. Italian Americans were instrumental in the development of the fishing, wine, branch banking, fruit and vegetable and food processing industries to name a few.”

Further, the Task Force states that “Columbus Day is part of both the American heritage and the Italian American Heritage. Italian Americans celebrate their coming to America and their rich contributions to the state and the nation on the Columbus Day Holiday. In California, Italian Americans have been celebrating Columbus Day since the 1860s. Columbus Day is the national holiday for immigrants to America, all immigrants, and is celebrated across the nation with parades and festivals. We ask our legislators to keep Columbus Day as a State holiday for the many peoples that have settled here and especially for the large and vital Italian American community of California.”

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: SB Hearing Date: 4/24/2018

SUBJECT:

DIGEST: This bill changes the name of the Columbus Day holiday in California to Indigenous Peoples’ Day.

ANALYSIS:

Existing law recognizes various state holidays, these days include:

1. Every Sunday.
2. January 1^st.
3. The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
4. February 12^th, known as “Lincoln Day.”
5. The third Monday in February.
6. March 31^st, known as “Cesar Chavez Day.”
7. The last Monday in May.
8. July 4^th.
9. The First Monday in September.
10. September 9^th, known as “Admission Day.”
11. The fourth Friday in September, known as “Native American Day.”
12. The second Monday in October, known as “Columbus Day.”
13. November 11^th, known as “Veterans Day.”
14. December 25^th.
15. Good Friday from 12 noon until 3 p.m.
16. Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.

This bill changes the name of the Columbus Day holiday in California to Indigenous Peoples’ Day, and makes conforming changes.

Background

Purpose of the bill. According to the author, “renaming this holiday is one simple yet profound step in recognizing that the voices and stories of Native Americans have been silenced for hundreds of years. Columbus has been incorrectly credited for discovering the Americas when millions of indigenous civilizations already had flourished prior to his invasion.”

Further, the author states that “by renaming the holiday to Indigenous Peoples’ Day, California takes one profound step in honoring the legacy and contributions of the original inhabitants of this continent and helping to correct the record about California’s history. Rather than using the day to celebrate an instance in our history that gave rise to division, exploitation, oppression, and massive depopulation, we should use it to strengthen the bonds that tie us as Californians and our shared humanity.”

Columbus Day. Christopher Columbus is typically attributed with being the first European to visit the Western Hemisphere in the modern era; however, it is likely other Europeans visited the Americas previously. While the first Columbus Day in the United States was celebrated shortly after the signing of the Constitution, the holiday didn’t begin gaining widespread popularity for another century. California’s first Columbus Day celebration was held in 1869, in San Francisco’s Little Italy. Today, Columbus Day is recognized in California every second Monday of October.

The modern critique of Columbus’ historical role has led to a number of cities in California, and across the nation, to replace Columbus Day with Indigenous Peoples’ Day. The author argues that Columbus’ legacy has been widely romanticized, and that the population of Native California Indians was decimated after contact with Europeans initiated by Columbus. The City of Berkeley first recognized Indigenous Peoples’ Day in 1992, followed by a number of Californian cities including Santa Cruz, Long Beach, Burbank, San Luis Obispo, and both the city and county of Los Angeles.

In January of this year, the San Francisco Board of Supervisors voted to rename Columbus Day as Indigenous Peoples Day, however, in response to protests from Italian American communities, the Board voted to designate the day as both Indigenous Peoples Day and Italian American Heritage day at their meeting on April 17.

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.

This bill does not give state employees a day off from work – state agencies will remain in operation on Indigenous Peoples’ Day, unless otherwise specified in existing bargaining contracts. State workers’ paid holidays are bound by the provisions of a memorandum of understanding negotiated with the Governor. Similarly, at the local level, cities may specify by charter, ordinance, or resolution those paid holidays the city will provide to its city employees.

It should also be noted that the fourth Friday of September is recognized as “Native American Day” every year.

Prior/Related Legislation

AB 1973 (R. Hernandez, Chapter 537, Statutes of 2014) recognized the 4^th Friday in September as a state holiday to be known as “Native American Day.”

SB 1324 (Anderson, 2014) would have established a California Native American Monument in the State Capitol Park to honor the contributions, history, and culture of Native Americans in California. (Held in the Senate Rules Committee)

AB 1953 (Baca, Chapter 637, Statutes of 1998) established “Native American Day,” authorized public school governing boards to close for this day, authorized school districts to conduct exercises or instruction that focuses students on the contributions of Native Americans, and required the Governor to annually proclaim the 4^th Friday 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 much of the list of days having special significance, when public schools are encouraged to observe and conduct suitable commemorative exercises.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT:

Agua Caliente Band of Cahuilla Indians

American Indian Child Resource Center

Barona Band of Mission Indians

Barrio Logan College Institute

Barrio Station

California Consortium for Urban Indian Health

California Indian Heritage Center Foundation

California Indian Manpower Consortium, Inc.

California School Boards Association

California Tribal College

Capitol Area Indian Resources, Inc.

Cathy Murillo, Mayor of Santa Barbara

Chicano Federation of San Diego County, Inc.

City of Santa Barbara

Coyote Valley Band of Pomo Indians

Dry Creek Rancheria Band of Pomo Indians

Foothill Indian Education Alliance, Inc.

Graton Rancheria

Habematolel Pomo of Upper Lake

Inter-Tribal Council of California, Inc.

JDRF San Diego

Karuk Tribe

National Indian Education Association

Pechanga Band of Luiseno Indians

Redwood Valley Little River Band of Pomo Indians

Sacramento Native American Health Center, Inc.

San Diego Food Bank

San Francisco Unified School District

San Luis Rey Band of Mission Indians

Santa Ynez Band Of Chumash Indians

Sycuan Band of the Kumeyaay Nation

The 5^th Direction

Tuolumne Band of Me-Wuk Indians

Tribal Alliance of Sovereign Indian Nations

Tribal Law and Policy Institute

Tribal Trust Foundation

Wilton Rancheria

OPPOSITION:

California Italian-American Task Force

Seven individuals

ARGUMENTS IN SUPPORT: According to the California Tribal College, “for far too long, the celebration of Columbus Day has obscured and ignored the tragic political doctrine of genocide i.e., spread of deadly disease, forced religious conversion, brutal mistreatment and murder, and the modern-day reservation and allotment system. Despite centuries of adversity through a brutal and hegemonic history, Native Americans have survived and thrived. Albeit, tribal nations continue to face the harsh vestiges of this legacy through disproportionate opportunities, infrastructure, and services.”

In support of the bill, the National Indian Education Association writes, “Native cultures have endured and thrived for centuries despite attempts to destroy and assimilate them. Celebration of Columbus Day recalls a horrific period in American history and disrespects Native communities that continue to face the effects of this legacy. The history of the original people of this land is a proud and vibrant history, one that should be taught to others, and most importantly young students in the public and private school systems. Through the establishment of Indigenous Peoples’ Day, students in schools across the state will have the opportunity to gain a more comprehensive understanding of the state’s diverse communities and their respective cultures, languages, histories, and teachings.”

ARGUMENTS IN OPPOSITION: The California Italian-American Task Force (Task Force) writes that “Italian Americans have made enormous contributions to the development of California. Many of the State’s basic industries were established and built by Italian American immigrants and their descendants. Italian Americans were instrumental in the development of the fishing, wine, branch banking, fruit and vegetable and food processing industries to name a few.”

Further, the Task Force states that “Columbus Day is part of both the American heritage and the Italian American Heritage. Italian Americans celebrate their coming to America and their rich contributions to the state and the nation on the Columbus Day Holiday. In California, Italian Americans have been celebrating Columbus Day since the 1860s. Columbus Day is the national holiday for immigrants to America, all immigrants, and is celebrated across the nation with parades and festivals. We ask our legislators to keep Columbus Day as a State holiday for the many peoples that have settled here and especially for the large and vital Italian American community of California.”