Bill Text: CA AB2596 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Lunar New Year holiday.

Spectrum: Moderate Partisan Bill (Democrat 27-3)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 792, Statutes of 2022. [AB2596 Detail]

Download: California-2021-AB2596-Amended.html

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Amended  IN  Assembly  May 19, 2022

Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2596

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Introduced by Assembly Members Low, Carrillo, Chen, Choi, Gabriel, Cristina Garcia, Gipson, Kalra, Lee, McCarty, Nguyen, Quirk-Silva, Ting, and Wicks
(Principal coauthors: Senators Min and Pan)
(Coauthors: Assembly Members Berman, Mia Bonta, Irwin, Maienschein, Mullin, Petrie-Norris, Blanca Rubio, and Santiago)
(Coauthors: Senators Newman, Portantino, Rubio, Wiener, and Umberg)

February 18, 2022

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An act to amend Sections 6700, 19853, and 19853.1 of, and to repeal Section 6730 of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

AB 2596, as amended, Low. Lunar New Year holiday.

Existing law designates specific days as holidays in this state. Existing law requires the Governor annually to proclaim 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, as the Lunar New Year. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays, including, among others, January 1 and Thanksgiving Day. elect to receive 8 hours of holiday credit for “Native American Day,” in lieu of receiving 8 hours of personal holiday credit, and to elect to use 8 hours of vacation, annual leave, or compensating time off, consistent with departmental operational needs and collective bargaining agreements, for “Native American Day,” as specified.

This bill would repeal provisions requiring the Governor to annually proclaim the Lunar New Year, and would instead recognize the Lunar New Year as a state holiday. The bill would require that authorize state employees, with specified exceptions, be given time off with pay to elect to receive 8 hours of holiday credit for the Lunar New Year. Year in lieu of receiving 8 hours of personal holiday credit, and to elect to use 8 hours of vacation, annual leave, or compensating time off, consistent with departmental operational needs and collective bargaining agreements, for Lunar New Year, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 6700 of the Government Code is amended to read:

6700.

 (a) The holidays in this state are as follows:

(1) Every Sunday.

(2) January 1st.

(3)  The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”

(4) 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.”

(5) February 12th, known as “Lincoln Day.”

(6) The third Monday in February.

(7) March 31st, known as “Cesar Chavez Day.”

(8) The last Monday in May.

(9) July 4th.

(10) The first Monday in September.

(11) September 9th, known as “Admission Day.”

(12) The fourth Friday in September, known as “Native American Day.”

(13) The second Monday in October, known as “Columbus Day.”

(14) November 11th, known as “Veterans Day.”

(15) December 25th.

(16) Good Friday from 12 noon until 3 p.m.

(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), (4), and (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 this section is 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 6730 of the Government Code is repealed.

SEC. 3.

 Section 19853 of the Government Code is amended to read:

19853.

 (a) All state employees shall be entitled to the following holidays:

(1) January 1.

(2) The third Monday in January.

(3)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 the Lunar New Year.

(4)

(3) The third Monday in February.

(5)

(4) March 31.

(6)

(5) The last Monday in May.

(7)

(6) July 4.

(8)

(7) The first Monday in September.

(9)

(8) November 11.

(10)

(9) Thanksgiving Day.

(11)

(10) The day after Thanksgiving.

(12)

(11) December 25.

(13)

(12) The day chosen by an employee pursuant to Section 19854.

(14)

(13) Every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

(b) If a day listed in 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 date corresponding with the 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” or 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) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.

(g) 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.

SEC. 4.

 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 (d), an employee shall be entitled to all of the following holidays:

(1) January 1.

(2) The third Monday in January.

(3)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 the Lunar New Year.

(4)

(3) The third Monday in February.

(5)

(4) March 31.

(6)

(5) The last Monday in May.

(7)

(6) July 4.

(8)

(7) The first Monday in September.

(9)

(8) November 11.

(10)

(9) Thanksgiving day.

(11)

(10) The day after Thanksgiving.

(12)

(11) December 25.

(13)

(12) Every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

(c) If a day listed in subdivision (b) 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 their classification’s assigned workweek group.

(d) If subdivision (b) or (c) is 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.

(e) (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 to the following holidays, with pay, in addition to any official state holiday appointed by the Governor:

(A) January 1.

(B) The third Monday in January.

(C)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.

(D)

(C) The third Monday in February.

(E)

(D) March 31.

(F)

(E) The last Monday in May.

(G)

(F) July 4.

(H)

(G) The first Monday in September.

(I)

(H) November 11.

(J)

(I) Thanksgiving Day.

(K)

(J) The day after Thanksgiving.

(L)

(K) December 25.

(2) When November 11 falls on a Saturday, an employee 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 accrue, regardless of whether they work on the holiday, 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, an employee shall be entitled to the following Monday as a holiday with pay.

(5) An employee who is required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with their classification’s assigned workweek group.

(6) Any person employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.

(f) 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 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 the fourth Friday in September, known as “Native American Day.”

(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 any employee 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.