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SB-984 State holidays: Cesar Chavez Day.(1999-2000)

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SB984:v93#DOCUMENT

Senate Bill No. 984
CHAPTER 213

An act to amend Sections 37220.6 and 37220.5 of, and to add Section 51008 to, the Education Code, and to amend Sections 19853 and 19853.1 of the Government Code, relating to Cesar Chavez Day, and making an appropriation therefor.

[ Filed with Secretary of State  August 21, 2000. Approved by Governor  August 18, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 984, Polanco. State holidays: Cesar Chavez Day.
(1) Existing law authorizes the public schools to close on March 31 for Cesar Chavez Day and authorizes the public schools to include exercises commemorating and directing attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez.
This bill would require the State Board of Education to adopt a model curriculum guide for use by public schools for exercises related to Cesar Chavez Day.
The bill would require the State Board of Education to ensure that the state curriculum framework, where appropriate, includes instruction on Cesar Chavez and the history of the farm labor movement in the United States and that state criteria for selecting textbooks include information to guide the selection of textbooks that highlight the life and contributions of Cesar Chavez and the history of the farm labor movement in the United States.
The bill would create the Cesar Chavez Day of Service and Learning program to promote service to the communities of California in honor of the life and work of Cesar Chavez. The bill would require the California Commission on Improving Life Through Service, in collaboration with the California Conservation Corps, to administer the program. The bill would authorize the California Commission on Improving Life Through Service to make grants to local and state operated Americorps and Conservation Corps programs that are created and organized in collaboration with community groups. The bill would authorize the local and state operated Americorps and Conservation Corps to submit proposals for programs that will engage pupils through their schools and school districts in community service that honors the life and work of Cesar Chavez.
The bill would require that in order for the community service performed under the program to be counted as instructional time, the service must be performed under the supervision of a teacher.
(2) Existing law includes March 31, known as Cesar Chavez Day as a state holiday.
This bill would provide that March 31 is a paid holiday for state employees, as specified.
(3) The bill would appropriate funds from the General Fund, according to a specified schedule, to fund the grant programs and creation or revision of curriculum.
Appropriation: YES  

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


SECTION 1.

 Section 37220.5 of the Education Code is amended to read:

37220.5.
 (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on March 31, known as “Cesar Chavez Day,” or the appropriate Monday or Friday following or preceding that date, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose.
(b) On March 31 or on the day determined by the governing board, public schools and educational institutions throughout the state may include exercises, funded through existing resources, commemorating and directing attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez. The State Board of Education shall adopt a model curriculum guide to be available for use by public schools for exercises related to Cesar Chavez Day.

SEC. 2.

 Section 37220.6 is added to the Education Code, to read:

37220.6.
 (a) There is hereby created the Cesar Chavez Day of Service and Learning program to promote service to the communities of California in honor of the life and work of Cesar Chavez. The program shall be administered by the California Commission on Improving Life Through Service in collaboration with the California Conservation Corps.
(b) The California Commission on Improving Life Through Service may make grants to local and state operated Americorps or Conservation Corps programs that submit proposals to engage pupils through their schools and school districts in community service that qualifies as instructional time on Cesar Chavez Day, pursuant to Section 37220.5, that honor the life and work of Cesar Chavez. The programs shall be created and organized in consultation with community groups. The Americorps or Conservation Corps programs may implement or administer the programs in collaboration with community groups and nonprofit organizations. The proposals shall demonstrate all of the following:
(1) The ways and extent to which the program will be a collaborative effort between schools and the Americorps program or Conservation Corps program.
(2) The ways that the service will be connected to instruction on the life and work of Cesar Chavez provided on Cesar Chavez Day.
(3) The way in which the service provided will make a meaningful contribution to the community.
(c) Grants made pursuant to subdivision (b) shall be in the amount of one dollar ($1) for each participating pupil, or two hundred and fifty dollars ($250) for each school, whichever is greater. The California Commission on Improving Life Through Service may, at its discretion, adjust the grant amount to account for school district size, the size of the project, and the demand on existing funding. Under no circumstances may the amount granted exceed the amount of funding appropriated to carry out this section.
(d) In order for the community service performed under this program to be counted as instructional time, the service shall be performed under the supervision of a teacher.
(e) The Superintendent of Public Instruction shall develop or revise, as needed, a model curriculum on the life and work of Cesar Chavez and submit the model curriculum to the State Board of Education for adoption pursuant to subdivision (b) of Section 37220.5. Upon adoption, the Superintendent of Public Instruction shall distribute the model curriculum to each school.
(f) It is the intent of the Legislature that nothing in this section, or in the act that adds this section, shall be construed to impose a mandate on school districts.
(g) For the purposes of this section, “school district” includes school districts, charter schools, and county offices of education.

SEC. 3.

 Section 51008 is added to the Education Code, to read:

51008.
 The State Board of Education shall ensure that the state curriculum and framework, where appropriate, include instruction on Cesar Chavez and the history of the farm labor movement in the United States, and that the state criteria for selecting textbooks include information to guide the selection of textbooks that contain sections that highlight the life and contributions of Cesar Chavez and the history of the farm labor movement in the United States.

SEC. 4.

 Section 19853 of the Government Code is amended to read:

19853.
 (a) Except as provided in subdivision (c), all employees shall be entitled to the following holidays: January 1, the third Monday in January, February 12, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, the day after Thanksgiving, December 25, 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.
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 11th 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 subdivision, 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. 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, or compensating time off, shall be considered as time worked by the employee.
(b) If the provisions of subdivision (a) 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.
(c) Any employee, who is either 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, shall be entitled to the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
(1) January 1, the third Monday in January, February 12, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, and any personal holiday chosen pursuant to Section 19854. The department head or designee may require an employee to provide five working days’ advance notice before a personal holiday is taken, and may deny use subject to operational needs.
(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 or November 11, falls on a Saturday, an employee shall, regardless of whether he or she works on the holiday, only accrue 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 classification’s assigned workweek group.
(6) Less than full-time employees shall receive holidays in accordance with Department of Personnel Administration rules.
(d) (1) Any 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.
(2) It is not the intent of the Legislature, by the amendments to this subdivision that add this paragraph, to increase the personal holiday credit that an employee receives pursuant to Section 19854.
(e) This section shall become effective with regard to the March 31 holiday only when the Department of Personnel Administration notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Personnel Administration 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.

SEC. 5.

 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 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, the day after Thanksgiving, December 25, and 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 classification’s 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) 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 the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
(1) 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.
(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 classification’s assigned workweek group.
(6) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Personnel Administration 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) This section shall become effective with regard to the March 31 holiday only when the Department of Personnel Administration notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Personnel Administration 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.

SEC. 6.

 The following sums are hereby appropriated from the General Fund to be allocated according to the following schedule:
(a) Five million dollars ($5,000,000) to the California Commission on Improving Life Through Service, on an annual basis, for the purpose of funding grants to local and state operated Americorps and Conservation Corps programs, up to 5 percent of which may be used for state level administration costs.
(b) One million dollars ($1,000,000) to the Superintendent of Public Instruction for the purpose of developing or revising, as needed, a model curriculum on the life and work of Cesar Chavez and distributing that curriculum to each school.