Existing law establishes various holidays in this state, including Lunar New Year. Existing law requires community colleges to close on specified holidays, including February 12, known as Lincoln Day, and the third Monday in February, known as Washington Day. Existing law entitles certain community college employees to be given time off with pay for specified holidays, including for Lincoln Day and Washington Day.

This bill would authorize the governing board of a community college district, pursuant to a memorandum of understanding, to replace closing on Lincoln Day or Washington Day with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as Lunar New Year. The bill would require that certain community college employees, in lieu of a paid holiday for Lincoln Day or Washington Day, receive a paid holiday for the Lunar New Year if the governing board of the community college replaces closing on Lincoln Day or Washington Day with closing on Lunar New Year.

Existing law establishes various holidays in this state, including Lunar New Year. Existing law requires community colleges to close on specified holidays, including February 12, known as Lincoln Day, and the third Monday in February, known as Washington Day. Existing law entitles certain community college employees to be given time off with pay for specified holidays, including for Lincoln Day and Washington Day.

This bill would authorize the governing board of a community college district, pursuant to a memorandum of understanding, to replace closing on Lincoln Day or Washington Day with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as Lunar New Year. The bill would require that certain community college employees, in lieu of a paid holiday for Lincoln Day or Washington Day, receive a paid holiday for the Lunar New Year if the governing board of the community college replaces closing on Lincoln Day or Washington Day with closing on Lunar New Year.

Existing law requires the Governor to proclaim various days in honor of a person, status, or event, including Lunar New Year. Existing law requires community colleges to close on specified holidays, including February 12, known as Lincoln Day, and the third Monday in February, known as Washington Day. Existing law entitles certain community college employees to be given time off with pay for specified holidays, including for Lincoln Day and Washington Day.

This bill would authorize the governing board of a community college district, pursuant to a memorandum of understanding, to replace closing on Lincoln Day or Washington Day with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as Lunar New Year. The bill would require that certain community college employees, in lieu of a paid holiday for Lincoln Day or Washington Day, receive a paid holiday for the Lunar New Year if the governing board of the community college replaces closing on Lincoln Day or Washington Day with closing on Lunar New Year.

Existing law requires the Governor to proclaim various days in honor of a person, status, or event, including Lunar New Year. Existing law requires community colleges to close on specified holidays, including February 12, known as Lincoln Day, and the third Monday in February, known as Washington Day.

This bill would authorize the governing board of a community college district, pursuant to a memorandum of understanding, to replace closing on Lincoln Day or Washington Day with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as Lunar New Year.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 264

Author:(Ting, et al.)

As Amended Ver:June 13, 2023

Majority vote

SUMMARY

Provides community college districts an avenue to recognize Lunar New Year as an academic holiday and to close the campus for students and staff.

Senate Amendments

Provides a technical amendment to amend a second section of the Education Code 88203, pertaining to holidays for selected staff of community colleges, to include the provision of the Lunar New Year Holiday and therefore would enable probationary or permanent classified staff of community colleges to partake in the Lunar New Year Holiday if permitted by the district.

COMMENTS

Lunar New Year. According to the Smithsonian National Museum of Asian Art, Lunar New Year is a celebration of the arrival of spring and the beginning of a new year based on the lunisolar calendar. The holiday is a cultural holiday in China, Japan, South Korea, Vietnam, and other countries with a significant Chinese population. The Encyclopedia Britannica explains the lunar calendar, as a calendar based on the cycles of the moon, and therefore dates of the holiday vary slightly from year to year one tries to align the holidays to dates on Gregorian calendars. Traditionally, Lunar New Year is a time reserved for celebrating with family and honoring one's ancestors. The National Geographic Society highlighted that Lunar New Year is a 3,000 year old tradition which was reintroduced in the 20^th century as the Spring Festival once the Gregorian calendar was adopted. In some countries, the celebration lasts for nine days with each day reserved for a different type of celebration including traditions recognized by Western cultures such as the gifting of red envelopes, parties, firecrackers, and the lion dance.

Asian American population in California and at the CCC. In January 2023, the Public Policy Institute published a study on the population of California and found that California is home to over 39 million people, of whom 15.2% identify as Asian or Pacific Islander. In 2013, the Pew Research Center concluded that 2/3 of Chinese, Korean, Japanese, and Vietnamese people living in the United States celebrate Lunar New Year. The California Commission on Asian and Pacific Islander American Affairs, in their support letter for AB 2596 (Low), Chapter 792, Statue of 2022, identified California as home to the largest Asian American, Native Hawaiian, and Pacific Islander population in the nation. The current population of the CCC is comprised of faculty, staff, and students. Of the 82,645 CCC employees for the fall 2022 semester, 9,552 identify as Asian, and of the 1.2 million CCC students enrolled for the fall 2022 semester, 128,769 identify as Asian.

State Holidays versus CCC holidays. State Holidays are enacted in one of two ways, either the Government Code Section dedicated to State Holidays is updated by an act of legislation, or the Governor of the State or the President of the United States appoints a day as a public fast, thanksgiving, or holiday. However, having a "State Holiday" in the law does not guarantee employees a day off from their employer. California law does not require private employers to provide employees with paid holidays and places limits on paid holiday for government workers. City and county workers are bound by the charters, ordinances, or the resolutions adopted by the particular city or county for paid holidays and some state workers must include paid holidays in their collective bargaining agreement with the Governor. All other state employees, who do not collectively bargain, receive 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, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25, as listed in Government Code Section 19853. Additionally, these employees may elect to use one of their personal holidays on either Lunar New Year, April 24, known as Genocide Remembrance day, June 19, or Juneteenth or the fourth Friday of September, known as Native American day.

Despite AB 2595 (Low) establishing Lunar New Year as a state holiday, the measure did not update the Education Code which mandates the closing of community colleges in recognition of a holiday. Education Code 79020 provides a list of holidays resulting in mandatory closures of community colleges. The legally mandated academic holidays include: New Year's Day (January 1); Dr. Martin Luther King, Jr Day (the third Monday in January); Lincoln Day (February 12); Washington Day (third Monday in February); Memorial Day (the last Monday in May); Juneteenth (June 19); Independence Day (July 4); Labor Day (the first Monday in September); Veterans Day (November 11); Thanksgiving Day (date proclaimed by the U.S. President); and, Christmas Day (December 25).

In addition to the above list of legally mandated holidays, community college districts are endowed with the authority to provide additional paid holidays for staff and school closures for students on Cesar Chavez Day (March 31), Genocide Remembrance Day (April 24), and Native American Day (the fourth Friday in September). However, these holidays must be negotiated through a memorandum of understanding by local governing boards and the employees of the district/colleges within the district. This bill would seek to add Lunar New Year as an optional paid holiday for community colleges.

Academic Calendars. Education Code Section 70902 lists the obligations of the local governing board of a community college district. Specifically, the code authorizes governing board of the community college district to adopt the academic calendar including the holidays it will observe. The adoption of the academic calendar is based on an array of factors including the collective bargaining agreements between faculty and staff, the California Code of Regulations around the number of hours students must be in a classroom to maintain accreditation, and the federal requirements for units of credit. The traditional academic calendar is comprised of 35 weeks of instruction and evaluation according to the California Code of Regulation Title 5 Section 55700. Therefore, for each holiday that is adopted, an additional academic day must be added to the calendar. This bill seeks to circumvent this process by empowering community college districts to swap the currently mandated holidays of either, Lincoln Day (February 12) or Washington Day (the third Monday in February), with the day each year that corresponds with Lunar New Year. Therefore, should This bill be adopted a community college district would not need to rearrange its academic calendar in order to add the new holiday. Furthermore, This bill respects the collective bargaining process between academic and classified staff and the governing board of the community college district. The board and the unions would still have to enter into an agreement to recognize Lunar New Year as the new holiday instead of Lincoln Day or Washington Day.

One could argue, since Lunar New Year is already a state holiday and with Governor Newsom providing an executive proclamation regarding Lunar New Year on January 22, 2023, that an avenue by which community college districts could recognize Lunar New Year as a holiday already exists. The Governor would simply need to tell community colleges through an executive proclamation that they are required close on Lunar New Year each year a proclamation is issued. However, this method would be chaotic, as each year, the community colleges would have to wait for the proclamation to determine whether they would close or not. This bill appears to be a thoughtful and pragmatic approach to identifying Lunar New Year as a holiday for community colleges.

The importance of recognizing Lunar New Year. In May 2022, the Public Policy Institute of California identified the population of Californians who identify as Asian American and Pacific Islanders as having the largest percentile increase in the population of any major racial or ethnic groups since 2010, with a growth of 25%. With such a rising population, it is imperative for California to recognize this emergence of culture as part of the statewide narrative to prevent instances of othering. In June 2022, California Attorney General Rob Bonta released the 2021 Hate Crime Report; noting the staggering statistic that anti-Asian hate crime events had increased 177.5% from 2020 to 2021. The rise was directly correlated to the national rhetoric surrounding the COVID – 19 pandemic. "The Post-Pandemic Agenda for Community Well-being among Asian Americans, Native Americans, Native Hawaiians, and Pacific Islanders in California" a report published by the UCLA Center for Health Policy Research found that one in four Asian Americans indicated they had experienced a hate crime, and one in five worried about becoming a hate-crime victim. One of the simplest ways to highlight and honor a culture is to recognize the holidays that are important to a culture and to celebrate the holiday's history. By honoring and celebrating Lunar New Year, the community colleges would be identifying and honoring the culture of Asian American students. This bill would increase diversity and promote inclusion by establishing a pathway for community colleges to close campuses in recognition of Lunar New Year.

According to the Author

As delineated by the Author, "there are over 6 million Asian Americans in California and nearly two-thirds of Asian Americans celebrate Lunar New Year. In order to promote cultural understanding and acceptance, AB 264 would provide community colleges the flexibility to observe Lunar New Year as a holiday. Lunar New Year is officially recognized as a state holiday in California, and the Legislature should give community colleges the ability to recognize Lunar New Year as a school holiday."

Arguments in Support

As expressed by the City College of San Francisco, "Lunar New Year has historically been celebrated as the most socially, culturally, and economically important occasion by billions of Asian Pacific Islanders around the world. California recently recognized the importance of Lunar New Year by adopting AB 2596 (Low) to designate the occasion as a state holiday. However, the law does not apply to community colleges and 170,000 Asian Pacific Islander students attending California community colleges and 8,500 students attending City College of San Francisco each semester still have to decide between celebrating Lunar New Year with their families or attending and preparing for college classes. AB 264 (Ting) is supported locally by the community, students, and educators, and comes months after the City College of San Francisco Board of Trustees unanimously passed a resolution by Board President Alan Wong urging the state legislature to amend the California Community College Education Code to allow Lunar New Year observance."

Arguments in Opposition

None on file.

FISCAL COMMENTS

No fiscal impact.

VOTES:

ASM HIGHER EDUCATION: 12-0-0

YES: Mike Fong, Ta, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Sanchez, Santiago, Wallis, Weber

ASSEMBLY FLOOR: 68-0-12

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

ABS, ABST OR NV: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Sanchez, Valencia, Wilson

SENATE FLOOR: 35-0-5

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

ABS, ABST OR NV: Jones, Niello, Ochoa Bogh, Seyarto, Wilk

UPDATED

VERSION: June 13, 2023

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0001834

 THIRD READING  

Bill No: AB 264

Author: Ting (D), Mike Fong (D), Low (D) and Stephanie Nguyen (D), et al.

Amended: 6/13/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 6/7/23

AYES: Newman, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Ochoa Bogh

ASSEMBLY FLOOR: 68-0, 4/10/23 - See last page for vote

SUBJECT: Community colleges: Lunar New Year holiday

SOURCE: Author

DIGEST:

This bill authorizes a community college to close to observe Lunar New Year, as specified.

ANALYSIS:

Existing law:

1. Requires community colleges to continue in session or close on specified holidays as follows:
   
   1. Requires community colleges to close on January 1st, the third Monday in January, 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.
      
   2. Requires community colleges to close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday; requires community colleges to continue in session on all legal holidays other than those designated in statute, and requires community colleges to hold proper exercises commemorating the day. (Education Code (EC) § 79020)
      
2. Authorizes community colleges to be closed, in addition to the holidays prescribed above, on:
   
   1. The fourth Friday in September, known as “Native American Day,” if the governing board agrees to close the community college for that purpose.
      
   2. March 31, known as “Cesar Chavez Day,” if the governing board agrees to close the community college for that purpose.
      
   3. April 24, known as “Genocide Remembrance Day,” if the governing board agrees to close the community college for that purpose. (EC § 79020 and § 88203)
      
3. Authorizes Glendale Community College, in addition to the optional holidays listed above, to be closed on April 24, known as “Armenian Genocide Remembrance Day,” if the governing board agrees to close the community college for that purpose. (EC § 79020 and § 88203)
   
4. Requires the California Community Colleges (CCCs) to provide at least 175 days of instruction. (California Code of Regulations, Title 5, § 55701)
   
5. Recognizes the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year” and as a state holiday, authorizing eligible state employees to elect to receive eight hours of holiday credit for the date corresponding with Lunar New Year in lieu of receiving eight hours of personal credit, as specified. (Government Code § 6700 and § 19853)

This bill:

1. Authorizes a community college to replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” if the governing board of the community college district agrees to close the community college for that purpose.
   
2. Requires the community college to observe Lunar New Year on a preceding or following weekday when Lunar New Year falls on another holiday.
   

Comments

1. Need for the bill. According to the author, “there are over 6 million Asian Americans in California and nearly two-thirds of Asian Americans celebrate Lunar New Year. In order to promote cultural understanding and acceptance, AB 264 would provide community colleges the flexibility to observe Lunar New Year as a holiday. Lunar New Year is officially recognized as a state holiday in California, and the Legislature should give community colleges the ability to recognize Lunar New Year as a school holiday.”
   
2. Days that community colleges are closed. The state has prescribed specified holidays. Existing law requires community colleges to close on specified holidays, and authorizes community colleges to close on additional holidays or days of recognition. The days that community colleges are required to be closed do not completely correspond with designated state holidays; for example, Lunar New Year is a designated state holiday but not specified as a day that community colleges must close, or are even authorized to close. Since Lunar New Year is a state holiday, the Governor could issue an executive proclamation to require community colleges to close for Lunar New Year, but would necessitate annual action to do via executive proclamation. This bill authorizes, but does not require, community colleges to close on Lunar New Year.
   
3. Academic Calendars. As noted in the Assembly Higher Education Committee analysis, the adoption of the academic calendar is based on an array of factors including the collective bargaining agreements between faculty and staff, the minimum days of instruction required by the California Code of Regulations, and the federal requirements for units of credit. Therefore, for each holiday that is adopted, an additional academic day must be added to the calendar. This bill creatively empowers community college districts to swap the currently mandated holidays of either Lincoln Day (February 12) or Washington Day (the third Monday in February), with the day each year that corresponds with Lunar New Year. As a result, community colleges would not necessarily need to adjust their academic calendars to close for Lunar New Year.

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

SUPPORT: (Verified 6/12/23)

None received

OPPOSITION: (Verified 6/12/23)

None received

ASSEMBLY FLOOR: 68-0, 4/10/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO VOTE RECORDED: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Sanchez, Valencia, Wilson

Prepared by: Lynn Lorber / ED. / (916) 651-4105

6/14/23 13:17:04

**** END ****

264

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 264 Hearing Date: June 7, 2023

Subject: Community colleges: Lunar New Year holiday.

SUMMARY

This bill authorizes a community college to close to observe Lunar New Year, as specified.

BACKGROUND

Existing law:

1. Requires community colleges to continue in session or close on specified holidays as follows:
   
   1. Requires community colleges to close on January 1st, the third Monday in January, 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.
      
   2. Requires community colleges to close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday; requires community colleges to continue in session on all legal holidays other than those designated in statute, and requires community colleges to hold proper exercises commemorating the day. (Education Code (EC) § 79020)
      
2. Authorizes community colleges to be closed, in addition to the holidays prescribed above, on:
   
   1. The fourth Friday in September, known as “Native American Day,” if the governing board agrees to close the community college for that purpose.
      
   2. March 31, known as “Cesar Chavez Day,” if the governing board agrees to close the community college for that purpose.
      
   3. April 24, known as “Genocide Remembrance Day,” if the governing board agrees to close the community college for that purpose. (EC § 79020 and § 88203)
      
3. Authorizes Glendale Community College, in addition to the optional holidays listed above, to be closed on April 24, known as “Armenian Genocide Remembrance Day,” if the governing board agrees to close the community college for that purpose. (EC § 79020 and § 88203)
   
4. Requires the California Community Colleges (CCCs) to provide at least 175 days of instruction. (California Code of Regulations, Title 5, § 55701)
   
5. Recognizes the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year” and as a state holiday, authorizing eligible state employees to elect to receive eight hours of holiday credit for the date corresponding with Lunar New Year in lieu of receiving eight hours of personal credit, as specified. (Government Code § 6700 and § 19853)

ANALYSIS

This bill:

1. Authorizes a community college to replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” if the governing board of the community college district agrees to close the community college for that purpose.
   
2. Requires the community college to observe Lunar New Year on a preceding or following weekday when Lunar New Year falls on another holiday.

STAFF COMMENTS

1. Need for the bill. According to the author, “there are over 6 million Asian Americans in California and nearly two-thirds of Asian Americans celebrate Lunar New Year. In order to promote cultural understanding and acceptance, AB 264 would provide community colleges the flexibility to observe Lunar New Year as a holiday. Lunar New Year is officially recognized as a state holiday in California, and the Legislature should give community colleges the ability to recognize Lunar New Year as a school holiday.”
   
2. Days that community colleges are closed. The state has prescribed specified holidays. Existing law requires community colleges to close on specified holidays, and authorizes community colleges to close on additional holidays or days of recognition. The days that community colleges are required to be closed do not completely correspond with designated state holidays; for example, Lunar New Year is a designated state holiday but not specified as a day that community colleges must close, or are even authorized to close. Since Lunar New Year is a state holiday, the Governor could issue an executive proclamation to require community colleges to close for Lunar New Year, but would necessitate annual action to do via executive proclamation. This bill authorizes, but does not require, community colleges to close on Lunar New Year.
   
3. Academic Calendars. As noted in the Assembly Higher Education Committee analysis, the adoption of the academic calendar is based on an array of factors including the collective bargaining agreements between faculty and staff, the minimum days of instruction required by the California Code of Regulations, and the federal requirements for units of credit. Therefore, for each holiday that is adopted, an additional academic day must be added to the calendar. This bill creatively empowers community college districts to swap the currently mandated holidays of either Lincoln Day (February 12) or Washington Day (the third Monday in February), with the day each year that corresponds with Lunar New Year. As a result, community colleges would not necessarily need to adjust their academic calendars to close for Lunar New Year.
   
4. Technical amendment. Two distinct sections of the Education Code (EC) authorize community colleges to close on specified days; however, this bill amends only one of those sections. Staff recommends an amendment to add the provisions of this bill to EC section 88203.
   
5. Prior legislation
   
   AB 2596 (Low) Chapter 792, Statutes of 2022, recognized the Lunar Year as a state holiday and authorizes state employees, with specified exceptions, to elect to receive eight hours of holiday credit for the Lunar New Year in lieu of receiving eight hours of personal holiday credit, as specified.
   
   AB 1801 (Nazarian) Chapter 761, Statutes of 2022, added April 24, known as “Genocide Remembrance Day,” to the list of state holidays. Additionally, this bill authorizes state employees to elect to take time off with pay in recognition of “Genocide Remembrance Day,” as specified, and authorizes community colleges and public schools to close on April 24, known as “Genocide Remembrance Day, as specified.
   
   AB 1655 (Jones-Sawyer) Chapter 753, Statutes of 2022, added June 19, known as “Juneteenth,” to the list of state holidays and authorizes state employees to elect to take time off with pay in recognition of Juneteenth, as specified.
   
   AB 1872 (Low, 2022) would have made the day of a statewide general election in even-numbered years a state holiday, and eliminates Washington Day (sometimes referred to as Presidents’ Day) as a holiday in those years. AB 1872 was held in the Assembly Appropriations Committee.
   
   SB 383 (Stone, 2017) would have required state employees be given time off with pay for the day after Thanksgiving, or for Yom Kippur, whichever day is chosen by the employee and recognizes Yom Kippur as a state holiday. SB 383 failed passage in the Senate Governmental Organization Committee.
   
   AB 674 (Low, 2017) would have made the first Tuesday after the first Monday in November of each year in which a statewide or national election is held as a state holiday. AB 674 was held in the Assembly Appropriations Committee.

SUPPORT

None received

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 264

Author:(Ting, et al.)

As Introduced Ver:January 19, 2023

Majority vote

SUMMARY

Provides community college districts an avenue to recognize Lunar New Year as an academic holiday and to close the campus for students and staff.

Major Provisions

1. Defines Lunar New Year as the second new moon following a winter solstice or the third new moon following the winter solstice should an intercalary month intervene.
2. Permits a community college district to recognize Lunar New Year as an academic holiday and close the community colleges within its boundaries, only if the community college district elects to replace the closure date of Lunar New Year with either approved holiday, February 12, known as Lincoln Day, or the third Monday of February, known as Washington Day.
3. Permits a community college to observe Lunar New Year on a preceding or following weekday, should Lunar New Year fall on another holiday.

COMMENTS

Lunar New Year. According to the Smithsonian National Museum of Asian Art, Lunar New Year is a celebration of the arrival of spring and the beginning of a new year based on the lunisolar calendar. The holiday is a cultural holiday in China, Japan, South Korea, Vietnam, and other countries with a significant Chinese population. The Encyclopedia Britannica explains the lunar calendar, as a calendar based on the cycles of the moon, and therefore dates of the holiday vary slightly from year to year one tries to align the holidays to dates on Gregorian calendars. Traditionally, Lunar New Year is a time reserved for celebrating with family and honoring one's ancestors. The National Geographic Society highlighted that Lunar New Year is a 3,000 year old tradition which was reintroduced in the 20^th century as the Spring Festival once the Gregorian calendar was adopted. In some countries, the celebration lasts for nine days with each day reserved for a different type of celebration including traditions recognized by Western cultures such as the gifting of red envelopes, parties, firecrackers, and the lion dance.

Asian American population in California and at the CCC. In January 2023, the Public Policy Institute published a study on the population of California and found that California is home to over 39 million people, of whom 15.2% identify as Asian or Pacific Islander. In 2013, the Pew Research Center concluded that 2/3 of Chinese, Korean, Japanese, and Vietnamese people living in the United States celebrate Lunar New Year. The California Commission on Asian and Pacific Islander American Affairs, in their support letter for AB 2596 (Low), Chapter 792, Statue of 2022, identified California as home to the largest Asian American, Native Hawaiian, and Pacific Islander population in the nation. The current population of the CCC is comprised of faculty, staff, and students. Of the 82,645 CCC employees for the fall 2022 semester, 9,552 identify as Asian, and of the 1.2 million CCC students enrolled for the fall 2022 semester, 128,769 identify as Asian.

State Holidays versus CCC holidays. State Holidays are enacted in one of two ways, either the Government Code Section dedicated to State Holidays is updated by an act of legislation, or the Governor of the State or the President of the United States appoints a day as a public fast, thanksgiving, or holiday. However, having a "State Holiday" in the law does not guarantee employees a day off from their employer. California law does not require private employers to provide employees with paid holidays and places limits on paid holiday for government workers. City and county workers are bound by the charters, ordinances, or the resolutions adopted by the particular city or county for paid holidays and some state workers must include paid holidays in their collective bargaining agreement with the Governor. All other state employees, who do not collectively bargain, receive 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, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25, as listed in Government Code Section 19853. Additionally, these employees may elect to use one of their personal holidays on either Lunar New Year, April 24, known as Genocide Remembrance day, June 19, or Juneteenth or the fourth Friday of September, known as Native American day.

Despite AB 2595 (Low) establishing Lunar New Year as a state holiday, the measure did not update the Education Code which mandates the closing of community colleges in recognition of a holiday. Education Code 79020 provides a list of holidays resulting in mandatory closures of community colleges. The legally mandated academic holidays include: New Year's Day (January 1); Dr. Martin Luther King, Jr Day (the third Monday in January); Lincoln Day (February 12); Washington Day (third Monday in February); Memorial Day (the last Monday in May); Juneteenth (June 19); Independence Day (July 4); Labor Day (the first Monday in September); Veterans Day (November 11); Thanksgiving Day (date proclaimed by the U.S. President); and, Christmas Day (December 25).

In addition to the above list of legally mandated holidays, community college districts are endowed with the authority to provide additional paid holidays for staff and school closures for students on Cesar Chavez Day (March 31), Genocide Remembrance Day (April 24), and Native American Day (the fourth Friday in September). However, these holidays must be negotiated through a memorandum of understanding by local governing boards and the employees of the district/colleges within the district. This bill, AB 264 (Ting) would seek to add Lunar New Year as an optional paid holiday for community colleges.

Academic Calendars. Education Code Section 70902 lists the obligations of the local governing board of a community college district. Specifically, the code authorizes governing board of the community college district to adopt the academic calendar including the holidays it will observe. The adoption of the academic calendar is based on an array of factors including the collective bargaining agreements between faculty and staff, the California Code of Regulations around the number of hours students must be in a classroom to maintain accreditation, and the federal requirements for units of credit. The traditional academic calendar is comprised of 35 weeks of instruction and evaluation according to the California Code of Regulation Title 5 Section 55700. Therefore, for each holiday that is adopted, an additional academic day must be added to the calendar. This bill seeks to circumvent this process by empowering community college districts to swap the currently mandated holidays of either, Lincoln Day (February 12) or Washington Day (the third Monday in February), with the day each year that corresponds with Lunar New Year. Therefore, should this bill be adopted a community college district would not need to rearrange its academic calendar in order to add the new holiday. Furthermore, this bill respects the collective bargaining process between academic and classified staff and the governing board of the community college district. The board and the unions would still have to enter into an agreement to recognize Lunar New Year as the new holiday instead of Lincoln Day or Washington Day.

One could argue, since Lunar New Year is already a state holiday and with Governor Newsom providing an executive proclamation regarding Lunar New Year on January 22, 2023, that an avenue by which community college districts could recognize Lunar New Year as a holiday already exists. The Governor would simply need to tell community colleges through an executive proclamation that they are required close on Lunar New Year each year a proclamation is issued. However, this method would be chaotic, as each year, the community colleges would have to wait for the proclamation to determine whether they would close or not. This bill appears to be a thoughtful and pragmatic approach to identifying Lunar New Year as a holiday for community colleges.

The importance of recognizing Lunar New Year. In May 2022, the Public Policy Institute of California identified the population of Californians who identify as Asian American and Pacific Islanders as having the largest percentile increase in the population of any major racial or ethnic groups since 2010, with a growth of 25%. With such a rising population, it is imperative for California to recognize this emergence of culture as part of the statewide narrative to prevent instances of othering. In June 2022, California Attorney General, Rob Bonta, released the 2021 Hate Crime Report; noting the staggering statistic that anti-Asian hate crime events had increased 177.5% from 2020 to 2021. The rise was directly correlated to the national rhetoric surrounding the COVID – 19 pandemic. "The Post-Pandemic Agenda for Community Well-being among Asian Americans, Native Americans, Native Hawaiians, and Pacific Islanders in California" a report published by the UCLA Center for Health Policy Research found that one in four Asian Americans indicated they had experienced a hate crime, and one in five worried about becoming a hate-crime victim. One of the simplest ways to highlight and honor a culture is to recognize the holidays that are important to a culture and to celebrate the holiday's history. By honoring and celebrating Lunar New Year, the community colleges would be identifying and honoring the culture of Asian American students. This bill would increase diversity and promote inclusion by establishing a pathway for community colleges to close campuses in recognition of Lunar New Year.

According to the Author

As delineated by the Author, "there are over 6 million Asian Americans in California and nearly two-thirds of Asian Americans celebrate Lunar New Year. In order to promote cultural understanding and acceptance, AB 264 would provide community colleges the flexibility to observe Lunar New Year as a holiday. Lunar New Year is officially recognized as a state holiday in California, and the Legislature should give community colleges the ability to recognize Lunar New Year as a school holiday."

Arguments in Support

As expressed by the City College of San Francisco, "Lunar New Year has historically been celebrated as the most socially, culturally, and economically important occasion by billions of Asian Pacific Islanders around the world. California recently recognized the importance of Lunar New Year by adopting AB 2596 (Low) to designate the occasion as a state holiday. However, the law does not apply to community colleges and 170,000 Asian Pacific Islander students attending California community colleges and 8,500 students attending City College of San Francisco each semester still have to decide between celebrating Lunar New Year with their families or attending and preparing for college classes. AB 264 (Ting) is supported locally by the community, students, and educators, and comes months after the City College of San Francisco Board of Trustees unanimously passed a resolution by Board President Alan Wong urging the state legislature to amend the California Community College Education Code to allow Lunar New Year observance."

Arguments in Opposition

None on file.

FISCAL COMMENTS

No fiscal impact.

VOTES

ASM HIGHER EDUCATION: 12-0-0

YES: Mike Fong, Ta, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Sanchez, Santiago, Wallis, Weber

UPDATED

VERSION: January 19, 2023

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0000165

Date of Hearing: March 21, 2023

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 264 (

Author:Ting) – As Introduced Ver:January 19, 2023

SUBJECT: Community colleges: Lunar New Year holiday

SUMMARY: Provides community colleges districts an avenue to recognize Lunar New Year as an academic holiday and to close the campus for students and staff. Specifically, this bill:

1. Defines Lunar New Year as the second new moon following a winter solstice or the third new moon following the winter solstice should an intercalary month intervene.
2. Permits a community college district to recognize Lunar New Year as an academic holiday and close the community colleges within its boundaries, only if the community college district elects to replace the closure date of Lunar New Year with either approved holiday, February 12, known as Lincoln Day, or the third Monday of February, known as Washington Day.
3. Permits a community college to observe Lunar New Year on a preceding or following weekday, should Lunar New Year fall on another holiday.

EXISTING LAW:

1. Establishes the California Community Colleges (CCC) under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in this state. The CCC shall be comprised of community college districts (Education Code (EDC) Section 70900).
2. Establishes that CCC districts are under the control of a board of trustees, known as the governing board, who has the authority to establish, maintain, operate, and govern one or more community colleges, within its district as specified. Permits districts to establish policies for and the approval of courses of instruction and educational programs (EDC Section 70902).
3. Codifies holidays for the CCC to either remain open or close as follows:
   1. CCC will close on the following dates: January 1, the third Monday in January (Dr. Martin Luther King, Jr. Day), February 12 (Lincoln Day), the third Monday in February (Washington Day), the last Monday in May (Memorial Day), July 4, the first Monday in September (Labor Day), November 11 (Veterans Day), that Thursday in November proclaimed by the President (Thanksgiving Day), and December 25 (Christmas);
   2. Any date authorized by the Governor of California as a public fast, thanksgiving, or holiday will include provisions as to whether the community colleges will remain open or closed. If not specified the community colleges are authorized to continue in session;
   3. CCC will close on any date appointed by the President as a national federal holiday that does not include Columbus day;
   4. CCC are permitted to close on March 31, Cesar Chavez day, on April 24, Genocide Remembrance Day, and on the fourth Friday in September, Native American Day, if authorized by their community college district; and,
   5. Glendale Community College is permitted to close on April 24, known as Genocide Remembrance Day, if permitted by their governing board (EDC Section 79020).

FISCAL EFFECT: Unknown

COMMENTS: Need for the bill. As delineated by the Author, “there are over 6 million Asian Americans in California and nearly two-thirds of Asian Americans celebrate Lunar New Year. In order to promote cultural understanding and acceptance, AB 264 would provide community colleges the flexibility to observe Lunar New Year as a holiday. Lunar New Year is officially recognized as a state holiday in California, and the Legislature should give community colleges the ability to recognize Lunar New Year as a school holiday.”

Lunar New Year. According to the Smithsonian National Museum of Asian Art, Lunar New Year is a celebration of the arrival of spring and the beginning of a new year based on the lunisolar calendar. The holiday is a cultural holiday in China, Japan, South Korea, Vietnam, and other countries with a significant Chinese population. The Encyclopedia Britannica explains the lunar calendar, as a calendar based on the cycles of the moon, and therefore dates of the holiday vary slightly from year to year one tries to align the holidays to dates on Gregorian calendars. Traditionally, Lunar New Year is a time reserved for celebrating with family and honoring one’s ancestors. The National Geographic Society highlighted that Lunar New Year is a 3,000 year old tradition which was reintroduced in the 20^th century as the Spring Festival once the Gregorian calendar was adopted. In some countries, the celebration lasts for nine days with each day reserved for a different type of celebration including traditions recognized by Western cultures such as the gifting of red envelopes, parties, firecrackers, and the lion dance.

Asian American population in California and at the CCC. In January 2023, the Public Policy Institute published a study on the population of California and found that California is home to over 39 million people, of whom 15.2% identify as Asian or Pacific Islander. In 2013, the Pew Research Center concluded that 2/3 of Chinese, Korean, Japanese, and Vietnamese people living in the United States celebrate Lunar New Year. The California Commission on Asian and Pacific Islander American Affairs, in their support letter for AB 2596 (Low), Chapter 792, Statue of 2022, identified California as home to the largest Asian American, Native Hawaiian, and Pacific Islander population in the nation. The current population of the CCC is comprised of faculty, staff, and students. Of the 82,645 CCC employees for the fall 2022 semester, 9,552 identify as Asian, and of the 1.2 million CCC students enrolled for the fall 2022 semester, 128,769 identify as Asian.

State Holidays versus CCC holidays. State Holidays are enacted in one of two ways, either the Government Code Section dedicated to State Holidays is updated by an act of legislation, or the Governor of the State or the President of the United States appoints a day as a public fast, thanksgiving, or holiday. However, having a “State Holiday” in the law does not guarantee employees a day off from their employer. California law does not require private employers to provide employees with paid holidays and places limits on paid holiday for government workers. City and county workers are bound by the charters, ordinances, or the resolutions adopted by the particular city or county for paid holidays and some state workers must include paid holidays in their collective bargaining agreement with the Governor. All other state employees, who do not collectively bargain, receive 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, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25, as listed in Government Code Section 19853. Additionally, these employees may elect to use one of their personal holidays on either Lunar New Year, April 24, known as Genocide Remembrance day, June 19, or Juneteenth or the fourth Friday of September, known as Native American day.

Despite AB 2595 (Low) establishing Lunar New Year as a state holiday, the measure did not update the Education Code which mandates the closing of community colleges in recognition of a holiday. Education Code 79020 provides a list of holidays resulting in mandatory closures of community colleges. The legally mandated academic holidays include:

• New Year’s Day (January 1);
• Dr. Martin Luther King, Jr Day (the third Monday in January);
• Lincoln Day (February 12);
• Washington Day (third Monday in February);
• Memorial Day (the last Monday in May);
• Juneteenth (June 19);
• Independence Day (July 4);
• Labor Day (the first Monday in September);
• Veterans Day (November 11);
• Thanksgiving Day (date proclaimed by the U.S. President); and,
• Christmas Day (December 25).

In addition to the above list of legally mandated holidays, community college districts are endowed with the authority to provide additional paid holidays for staff and school closures for students on Cesar Chavez Day (March 31), Genocide Remembrance Day (April 24), and Native American Day (the fourth Friday in September). However these holidays must be negotiated through a memorandum of understanding by local governing boards and the employees of the district/colleges within the district.

AB 264 (Ting) would seek to add Lunar New Year as an optional paid holiday for community colleges.

Academic Calendars. Education Code Section 70902 lists the obligations of the local governing board of a community college district. Specifically, the code authorizes governing board of the community college district to adopt the academic calendar including the holidays it will observe. The adoption of the academic calendar is based on an array of factors including the collective bargaining agreements between faculty and staff, the California Code of Regulations around the number of hours students must be in a classroom to maintain accreditation, and the federal requirements for units of credit. The traditional academic calendar is comprised of 35 weeks of instruction and evaluation according to the California Code of Regulation Title 5 Section 55700. Therefore, for each holiday that is adopted, an additional academic day must be added to the calendar. AB 264 (Ting) seeks to circumvent this process by empowering community college districts to swap the currently mandated holidays of either, Lincoln Day (February 12) or Washington Day (the third Monday in February), with the day each year that corresponds with Lunar New Year. Therefore, should AB 264 (Ting) be adopted a community college district would not need to rearrange its academic calendar in order to add the new holiday. Furthermore, AB 264 (Ting) respects the collective bargaining process between academic and classified staff and the governing board of the community college district. The board and the unions would still have to enter into an agreement to recognize Lunar New Year as the new holiday instead of Lincoln Day or Washington Day.

One could argue, since Lunar New Year is already a state holiday and with Governor Newsom providing an executive proclamation regarding Lunar New Year on January 22, 2023, that an avenue by which community college districts could recognize Lunar New Year as a holiday already exits. The Governor would simply need to tell community colleges through an executive proclamation that they are required close on Lunar New Year each year a proclamation is issued. However, this method would be chaotic, as each year, the community colleges would have to wait for the proclamation to determine whether they would close or not. AB 264 (Ting) appears to be a thoughtful and pragmatic approach to identifying Lunar New Year as a holiday for the community colleges.

The importance of recognizing Lunar New Year. In May 2022, the Public Policy Institute of California identified the population of Californians who identify as Asian American and Pacific Islanders as having the largest percentile increase in the population of any major racial or ethnic groups since 2010, with a growth of 25%. With such a rising population, it is imperative for California to recognize this emergence of culture as part of the statewide narrative to prevent instances of othering. In June 2022, California Attorney General Rob Bonta released the 2021 Hate Crime Report; noting the staggering statistic that anti-Asian hate crime events had increased 177.5% from 2020 to 2021. The rise was directly correlated to the national rhetoric surrounding the COVID – 19 pandemic. “The Post-Pandemic Agenda for Community Well-being among Asian Americans, Native Americans, Native Hawaiians, and Pacific Islanders in California” a report published by the UCLA Center for Health Policy Research found that one in four Asian Americans indicated they had experienced a hate crime, and one in five worried about becoming a hate-crime victim. In his address to Cornell College, Dr. Martin Luther King Jr. is quoted as, “I am convinced that men hate each other because they fear each other. They fear each other because they don’t know each other, and they don’t know each other because they don’t communicate with each other.” One of the simplest ways to highlight and honor a culture is to recognize the holidays that are important to a culture and to celebrate the holiday’s history. By honoring and celebrating Lunar New Year, the community colleges would be identifying and honoring the culture of Asian American students. AB 264 (Ting) would increase diversity and promote inclusion by establishing a pathway for community colleges to close campuses in recognition of Lunar New Year.

Arguments in Support. As expressed by the City College of San Francisco, “Lunar New Year has historically been celebrated as the most socially, culturally, and economically important occasion by billions of Asian Pacific Islanders around the world. California recently recognized the importance of Lunar New Year by adopting AB 2596 (Low) to designate the occasion as a state holiday. However, the law does not apply to community colleges and 170,000 Asian Pacific Islander students attending California community colleges and 8,500 students attending City College of San Francisco each semester still have to decide between celebrating Lunar New Year with their families or attending and preparing for college classes. AB 264 (Ting) is supported locally by the community, students, and educators, and comes months after the City College of San Francisco Board of Trustees unanimously passed a resolution by Board President Alan Wong urging the state legislature to amend the California Community College Education Code to allow Lunar New Year observance.”

Previous Legislation. AB 2595 (Low), Chapter 792, Statutes of 2022, recognizes Lunar New Year as a state holiday and authorizes eligible state employees to elect to receive eight hours of holiday credit for the date corresponding with Lunar New Year in lieu of receiving eight hours of personal credit, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Pacific Islander Trustee and Administrator Caucus of the Community College League of

California

Chinese American Democratic Club

Chinese Chamber of Commerce of San Francisco

Faculty Association of California Community Colleges

San Francisco Community College District

Opposition

None on file.

Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960