California 2023-2024 Regular Session

California Senate Bill SB461 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Senate Bill No. ~~461 CHAPTER 398An~~ act to add Section 19853.2 to the Government Code, relating to public employment. ~~[ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 461, Wahab. Days and hours of work: religious or cultural observance.Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:(a) Araw ng Kagitingan.(b) Bandi Chhor Divas.(c) Bonifacio Day.(d) Cinco de Mayo.(e) Da de los Muertos.(f) Diwali.(g) Dasehra.(h) Eid al-Adha.(i) Eid al-Fitr.(j) Hanukkah.(k) Janmashtami.(l) Maha-shivaratri.(m) Maundy Thursday.(n) National Heroes Day.(o) Navaratri.(p) Nowroz.(q) Passover.(r) Raksha Bandhan.(s) Rizal Day.(t) Rosh Hashanah.(u) Tt Nguyn n.(v) Vaisakhi.(w) Yom Kippur. SEC. 2. Section 19853.2 is added to the Government Code, to read:19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
	1	+	Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 06, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 461Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023An act to add Section 19853.2 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 461, Wahab. Days and hours of work: religious or cultural observance.Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:(a) Araw ng Kagitingan.(b) Bandi Chhor Divas.(c) Bonifacio Day.(d) Cinco de Mayo.(e) Da de los Muertos.(f) Diwali.(g) Dasehra.(h) Eid al-Adha.(i) Eid al-Fitr.(j) Hanukkah.(k) Janmashtami.(l) Maha-shivaratri.(m) Maundy Thursday.(n) National Heroes Day.(o) Navaratri.(p) Nowroz.(q) Passover.(r) Raksha Bandhan.(s) Rizal Day.(t) Rosh Hashanah.(u) Tt Nguyn n.(v) Vaisakhi.(w) Yom Kippur. SEC. 2. Section 19853.2 is added to the Government Code, to read:19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
2	2
3		-	Senate Bill No. ~~461 CHAPTER 398An~~ act to add Section 19853.2 to the Government Code, relating to public employment. ~~[ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 461, Wahab. Days and hours of work: religious or cultural observance.Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 06, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 461Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023An act to add Section 19853.2 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 461, Wahab. Days and hours of work: religious or cultural observance.Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4	4
5		-	Senate ~~Bill No.~~ ~~461 CHAPTER 398~~
	5	+	Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 06, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023
6	6
7		-	Senate Bill No. 461
	7	+	Enrolled September 11, 2023
	8	+	Passed IN Senate September 07, 2023
	9	+	Passed IN Assembly September 06, 2023
	10	+	Amended IN Assembly September 01, 2023
	11	+	Amended IN Assembly June 29, 2023
	12	+	Amended IN Senate May 03, 2023
	13	+	Amended IN Senate March 23, 2023
8	14
9		-	CHAPTER 398
	15	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
	16	+
	17	+	Senate Bill
	18	+
	19	+	No. 461
	20	+
	21	+	Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023
	22	+
	23	+	Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)
	24	+	February 13, 2023
10	25
11	26		An act to add Section 19853.2 to the Government Code, relating to public employment.
12		-
13		-	[ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ]
14	27
15	28		LEGISLATIVE COUNSEL'S DIGEST
16	29
17	30		## LEGISLATIVE COUNSEL'S DIGEST
18	31
19	32		SB 461, Wahab. Days and hours of work: religious or cultural observance.
20	33
21	34		Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.
22	35
23	36		Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.
24	37
25	38		This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.
26	39
27	40		Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination.
28	41
29	42		This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.
30	43
31	44		## Digest Key
32	45
33	46		## Bill Text
34	47
35	48		The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:(a) Araw ng Kagitingan.(b) Bandi Chhor Divas.(c) Bonifacio Day.(d) Cinco de Mayo.(e) Da de los Muertos.(f) Diwali.(g) Dasehra.(h) Eid al-Adha.(i) Eid al-Fitr.(j) Hanukkah.(k) Janmashtami.(l) Maha-shivaratri.(m) Maundy Thursday.(n) National Heroes Day.(o) Navaratri.(p) Nowroz.(q) Passover.(r) Raksha Bandhan.(s) Rizal Day.(t) Rosh Hashanah.(u) Tt Nguyn n.(v) Vaisakhi.(w) Yom Kippur. SEC. 2. Section 19853.2 is added to the Government Code, to read:19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
36	49
37	50		The people of the State of California do enact as follows:
38	51
39	52		## The people of the State of California do enact as follows:
40	53
41	54		SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:(a) Araw ng Kagitingan.(b) Bandi Chhor Divas.(c) Bonifacio Day.(d) Cinco de Mayo.(e) Da de los Muertos.(f) Diwali.(g) Dasehra.(h) Eid al-Adha.(i) Eid al-Fitr.(j) Hanukkah.(k) Janmashtami.(l) Maha-shivaratri.(m) Maundy Thursday.(n) National Heroes Day.(o) Navaratri.(p) Nowroz.(q) Passover.(r) Raksha Bandhan.(s) Rizal Day.(t) Rosh Hashanah.(u) Tt Nguyn n.(v) Vaisakhi.(w) Yom Kippur.
42	55
43	56		SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:(a) Araw ng Kagitingan.(b) Bandi Chhor Divas.(c) Bonifacio Day.(d) Cinco de Mayo.(e) Da de los Muertos.(f) Diwali.(g) Dasehra.(h) Eid al-Adha.(i) Eid al-Fitr.(j) Hanukkah.(k) Janmashtami.(l) Maha-shivaratri.(m) Maundy Thursday.(n) National Heroes Day.(o) Navaratri.(p) Nowroz.(q) Passover.(r) Raksha Bandhan.(s) Rizal Day.(t) Rosh Hashanah.(u) Tt Nguyn n.(v) Vaisakhi.(w) Yom Kippur.
44	57
45	58		SECTION 1. The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:
46	59
47	60		### SECTION 1.
48	61
49	62		(a) Araw ng Kagitingan.
50	63
51	64		(b) Bandi Chhor Divas.
52	65
53	66		(c) Bonifacio Day.
54	67
55	68		(d) Cinco de Mayo.
56	69
57	70		(e) Da de los Muertos.
58	71
59	72		(f) Diwali.
60	73
61	74		(g) Dasehra.
62	75
63	76		(h) Eid al-Adha.
64	77
65	78		(i) Eid al-Fitr.
66	79
67	80		(j) Hanukkah.
68	81
69	82		(k) Janmashtami.
70	83
71	84		(l) Maha-shivaratri.
72	85
73	86		(m) Maundy Thursday.
74	87
75	88		(n) National Heroes Day.
76	89
77	90		(o) Navaratri.
78	91
79	92		(p) Nowroz.
80	93
81	94		(q) Passover.
82	95
83	96		(r) Raksha Bandhan.
84	97
85	98		(s) Rizal Day.
86	99
87	100		(t) Rosh Hashanah.
88	101
89	102		(u) Tt Nguyn n.
90	103
91	104		(v) Vaisakhi.
92	105
93	106		(w) Yom Kippur.
94	107
95	108		SEC. 2. Section 19853.2 is added to the Government Code, to read:19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
96	109
97	110		SEC. 2. Section 19853.2 is added to the Government Code, to read:
98	111
99	112		### SEC. 2.
100	113
101	114		19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
102	115
103	116		19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
104	117
105	118		19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.
106	119
107	120
108	121
109	122		19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
110	123
111	124		(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement regardless of whether a memorandum of understanding is reached.