BILL REQ. #:  H-0107.1 

Prefiled 12/05/12. Read first time 01/14/13.   Referred to Committee on Community Development, Housing & Tribal Affairs.

     AN ACT Relating to recognizing "Native American Heritage Day"; amending RCW 1.16.050; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) Native Americans have inhabited Washington state since time immemorial. Their sustainable culture is based on cooperation among neighbors and respect for the land and for all creatures living on it. Since the birth of America, Native Americans have contributed immeasurably to our country and our heritage, distinguishing themselves as scholars, artists, entrepreneurs, and leaders in all aspects of our society. They have also served in the United States armed forces with honor and distinction, defending the security of our nation with their lives.
     (2) America's journey has been marked by both bright times of progress and dark moments of injustice for Native Americans. America's history, however, has not replicated the same peace or respect towards Native Americans. The Native American population was disrupted and nearly destroyed through European colonization. Genocide, slavery, and political and cultural repression were consequential adversities Native Americans had to overcome. In the face of such hardships, Native Americans endured; their cultural beliefs flourished; and today we celebrate their importance to the United States and the state of Washington.
     (3) In 1990, former President George H.W. Bush approved a joint resolution of congress designating November 1990 "National American Indian Heritage Month." Similar proclamations have been issued each year since 1994. In 2008, congress designated Friday, November 28, 2008 as "Native American Heritage Day" and encouraged the people of the United States, as well as federal, state, and local governments and interested groups and organizations to observe "Native American Heritage Day" to pay tribute to Native Americans for their many contributions to the United States. In 2010, President Barack Obama approved a presidential proclamation designating November 2010 "National Native American Heritage Month" and called upon all Americans to celebrate November 26, 2010, the Friday after Thanksgiving Day, as Native American Heritage Day. A day honoring Native American heritage is supported by one hundred eighty-four federally recognized Native American tribes throughout the United States. Thus, it is the intent of the legislature to declare the fourth Friday in November as "Native American Heritage Day."

Sec. 2   RCW 1.16.050 and 2012 c 11 s 1 are each amended to read as follows:
     The following are legal holidays: Sunday; the first day of January, commonly called New Year's Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday of February to be known as Presidents' Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans' Day; the fourth Thursday in November, to be known as Thanksgiving Day; ((the day immediately following Thanksgiving Day)) the Friday immediately following the fourth Thursday in November, to be known as Native American Heritage Day; and the twenty-fifth day of December, commonly called Christmas Day.
     Employees of the state and its political subdivisions, except employees of school districts and except those nonclassified employees of institutions of higher education who hold appointments or are employed under contracts to perform services for periods of less than twelve consecutive months, shall be entitled to one paid holiday per calendar year in addition to those specified in this section. Each employee of the state or its political subdivisions may select the day on which the employee desires to take the additional holiday provided for herein after consultation with the employer pursuant to guidelines to be promulgated by rule of the appropriate personnel authority, or in the case of local government by ordinance or resolution of the legislative authority.
     If any of the above specified state legal holidays are also federal legal holidays but observed on different dates, only the state legal holidays shall be recognized as a paid legal holiday for employees of the state and its political subdivisions except that for port districts and the law enforcement and public transit employees of municipal corporations, either the federal or the state legal holiday, but in no case both, may be recognized as a paid legal holiday for employees.
     Whenever any legal holiday, other than Sunday, falls upon a Sunday, the following Monday shall be the legal holiday.
     Whenever any legal holiday falls upon a Saturday, the preceding Friday shall be the legal holiday.
     Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in an agreement between employees and employers of political subdivisions of the state or as established by ordinance or resolution of the local government legislative authority.
     The legislature declares that the thirteenth day of January shall be recognized as Korean-American day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the twelfth day of October shall be recognized as Columbus day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the ninth day of April shall be recognized as former prisoner of war recognition day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the twenty-sixth day of January shall be recognized as Washington army and air national guard day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the seventh day of August shall be recognized as purple heart recipient recognition day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the second Sunday in October be recognized as Washington state children's day but shall not be considered a legal holiday for any purposes.
     The legislature declares that the sixteenth day of April shall be recognized as Mother Joseph day and the fourth day of September as Marcus Whitman day, but neither shall be considered legal holidays for any purpose.
     The legislature declares that the seventh day of December be recognized as Pearl Harbor remembrance day but shall not be considered a legal holiday for any purpose.
     The legislature declares that the twenty-seventh day of July be recognized as national Korean war veterans armistice day but shall not be considered a legal holiday for any purpose.
     The legislature declares that the nineteenth day of February be recognized as civil liberties day of remembrance but shall not be considered a legal holiday for any purpose.
     The legislature declares that the nineteenth day of June be recognized as Juneteenth, a day of remembrance for the day the slaves learned of their freedom, but shall not be considered a legal holiday for any purpose.