BILL REQ. #:  S-3849.3 

READ FIRST TIME 01/31/14.   

     AN ACT Relating to recognizing "Native American Heritage Day"; amending RCW 1.16.050 and 28A.150.050; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The Washington state legislature finds that:
     (a) Native Americans have long inhabited the area now known as Washington state, living in sustainable cultures based on cooperation and respect for the land and all creatures;
     (b) Native Americans suffered many grave injustices when nontribal people settled in Washington state, but endured to preserve remarkable American Indian cultures;
     (c) Native Americans have contributed immeasurably to Washington state and the United States as scholars, artists, entrepreneurs, and leaders in all realms of society;
     (d) Native Americans have served with honor and distinction in the United States armed forces, and many made the ultimate sacrifice in that service;
     (e) Many states have designated days, weeks, or months honoring Native American heritage, and on October 21, 2013, President Barack Obama proclaimed November 2013 as National Native American Heritage Month and called upon all Americans to celebrate November 29, 2013, as Native American Heritage Day; and
     (f) More than one hundred eighty federally acknowledged Native American tribes in the United States, including many Washington state tribes, support recognizing a day honoring Native American heritage.
     (2) The Washington state legislature therefore intends to recognize and honor Washington state's proud and resonant Native American heritage by designating the Friday immediately following the fourth Thursday in November, currently a state legal and school holiday, as "Native American Heritage Day."

Sec. 2   RCW 1.16.050 and 2013 c 5 s 1 are each amended to read as follows:
     (1) The following are state legal holidays:
     (a) Sunday;
     (b) The first day of January, commonly called New Year's Day;
     (c) The third Monday of January, ((being)) celebrated as the anniversary of the birth of Martin Luther King, Jr.;
     (d) 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;
     (e) The last Monday of May, commonly known as Memorial Day;
     (f) The fourth day of July, ((being)) the anniversary of the Declaration of Independence;
     (g) The first Monday in September, to be known as Labor Day;
     (h) The eleventh day of November, to be known as Veterans' Day;
     (i) The fourth Thursday in November, to be known as Thanksgiving Day;
     (j) The ((day)) Friday immediately following ((Thanksgiving)) the fourth Thursday in November, to be known as Native American Heritage Day; and
     (k) The twenty-fifth day of December, commonly called Christmas Day.
     (2) 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)) are 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)) in this section 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.
     (3) If any of the ((above specified)) state legal holidays specified in this section are also federal legal holidays but observed on different dates, only the state legal holidays ((shall be)) are recognized as a paid legal holiday for employees of the state and its political subdivisions ((except that for)). However, for port districts and the law enforcement and public transit employees of municipal corporations, either the federal or the state legal holiday is recognized as a paid legal holiday, but in no case may both((, may)) holidays be recognized as a paid legal holiday for employees.
     (4) Whenever any state legal holiday((,)):
     (a) Other than Sunday, falls upon a Sunday, the following Monday ((shall be)) is the legal holiday((.
     Whenever any legal holiday)); or
     (b) Falls upon a Saturday, the preceding Friday ((shall be)) is the legal holiday.
     (5) Nothing in this section ((shall)) may 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.
     (6) The legislature declares that the following days are recognized as provided in this subsection, but may not be considered legal holidays for any purpose:
     (a) 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));
     (b) 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));
     (c) 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));
     (d) 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));
     (e) 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));
     (f) 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));
     (g) The sixteenth day of April ((shall be)), recognized as Mother Joseph day ((and));
     (h) The fourth day of September, recognized as Marcus Whitman day((, but neither shall be considered legal holidays for any purpose.
     The legislature declares that));
     (i) 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));
     (j) 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));
     (k) 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));
     (l) 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.
     The legislature declares that)); and
     (m) The thirtieth day of March ((be)), recognized as welcome home Vietnam veterans day ((but shall not be considered a legal holiday for any purpose)).

Sec. 3   RCW 28A.150.050 and 1989 c 233 s 11 are each amended to read as follows:
     (1) The following are school holidays, and school ((shall)) may not be taught on these days:
     (a) Sunday;
     (b) The first day of January, commonly called New Year's Day;
     (c) The third Monday of January, ((being)) celebrated as the anniversary of the birth of Martin Luther King, Jr.;
     (d) The third Monday in February, to be known as Presidents' Day and ((to be)) celebrated as the anniversary of the births of Abraham Lincoln and George Washington;
     (e) The last Monday in May, commonly known as Memorial Day;
     (f) The fourth day of July, ((being)) the anniversary of the Declaration of Independence;
     (g) The first Monday in September, to be known as Labor Day;
     (h) The eleventh day of November, to be known as Veterans' Day((,));
     (i) The fourth Thursday in November, commonly known as Thanksgiving Day;
     (j) The ((day)) Friday immediately following ((Thanksgiving)) the fourth Thursday in November, to be known as Native American Heritage Day; and
     (k) The twenty-fifth day of December, commonly called Christmas Day((: PROVIDED, That)).
     (2) No reduction from ((the)) a teacher's time or salary ((shall)) may be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school ((shall not be)) is not taught.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.