BILL NUMBER: AB 1775	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Furutani
   (Coauthors: Assembly Members  Block  
  and Hayashi   Ammiano,  
Arambula,   Block,   Brownley,   Carter,
  Eng,   Hayashi,   and Torlakson  )

                        FEBRUARY 9, 2010

   An act to amend Section 37222 of  , to add Sections 37222.10,
37222.11, 37222.12, 37222.13, 37222.14, and 37222.15 to, and to
repeal Section 37222.5 of,  the Education Code, and to add
Section 6722 to the Government Code, relating to public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1775, as amended, Furutani. Public schools: Fred Korematsu Day
of Civil Liberties and the Constitution.
   Existing law requires the Governor to proclaim certain days each
year for specified reasons. Existing law also designates particular
days each year as having special significance in public schools and
educational institutions and encourages those entities to conduct
suitable commemorative exercises on those dates.
   This bill would require the Governor annually to proclaim January
30 as Fred Korematsu Day of Civil Liberties and the Constitution,
would designate that date of each year as having special significance
in public schools and educational institutions, and would encourage
those entities to observe that date by conducting exercises
remembering the life of Fred Korematsu and recognizing the importance
of preserving civil liberties.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) It is the intent of the Legislature in enacting
this act to do all of the following:
   (1) Declare January 30 the Fred Korematsu Day of Civil Liberties
and the Constitution.
   (2) Emphasize the constitutional rights afforded to all Americans
regardless of race or ancestry, particularly the rights to due
process and life, liberty, and property that are guaranteed by the
Fifth and Fourteenth Amendments  of the United States
Constitution  .
   (3) Uphold the civil liberties of all citizens that are granted by
the United States and California Constitutions, especially in times
of real or perceived crisis.
   (b) The Legislature finds and declares all of the following:
   (1) During World War II, Fred Korematsu was arrested and convicted
for defying the exclusion order at a time when persons of Japanese
ancestry, including United States citizens, were ordered to live in
concentration camps. Four decades later, Korematsu's wrongful
conviction was overturned by Judge Marilyn Hall Patel of the United
States District Court. In granting Mr. Korematsu's petition for writ
of error coram nobis, Judge Patel acknowledged in her decision that
"a grave injustice was done to American citizens and resident aliens
of Japanese ancestry who, without individual review or any probative
evidence against them, were excluded, removed and detained by the
United States during World War II." Judge Patel further stated, "
[Korematsu] stands as a caution that in times of distress the shield
of military necessity and national security must not be used to
protect governmental actions from close scrutiny and accountability.
It stands as a caution that in times of international hostility and
antagonisms our institutions, legislative, executive, and judicial,
must be prepared to exercise their authority to protect all citizens
from the petty fears and prejudices that are so easily aroused."
   (2) Fred Korematsu's lifelong pursuit of justice on his own behalf
and for countless others is uniquely symbolic of the founding ideals
and traditions of our State and Nation. He remained a tireless
advocate for, and is an enduring symbol of, every American's right to
liberty, due process, and equality without regard to race,
ethnicity, or national origin.
   (3) In 1942, Gordon K. Hirabayashi and Minoru Yasui also defied
the curfew imposed on United States citizens and permanent residents
of Japanese ancestry. In 1943, Hirabayashi and Yasui were also
wrongfully convicted and denied justice by the United States Supreme
Court.
   (4) The Fifth Amendment and the Fourteenth Amendment of our United
States Constitution both guarantee a right to due process. These
rights were violated when Americans   United
States citizens and permanent residents  of Japanese ancestry
were denied the fundamental rights to notice of any criminal charges,
the right to attorneys, and the right to a trial. Korematsu,
Hirabayashi, and Yasui each took a principled stand at great personal
sacrifice in protesting government sanctioned discrimination based
on racial heritage and ancestry.
   (5) Fred Korematsu was born in Oakland, California, on January 30,
1919, to Japanese immigrant parents. Upon graduation from Castlemont
High School in 1937, Fred Korematsu wanted to serve his country in
the military and attempted to enlist in the United States National
Guard and the United States Coast Guard, but was rejected because his
Selective Service classification had been changed to "Enemy Alien,"
even though he was a citizen of the United States.
   (6) Fred Korematsu attended the Master School of Welding and
worked at the docks in Oakland as a shipyard welder, quickly rising
through the ranks to foreman until his union barred all people of
Japanese ancestry and his employment was terminated. When World War
II broke out, Fred Korematsu suffered from acts of discrimination, as
he was turned away from restaurants and barber shops, and denied the
right to work, travel, and ultimately to reside in his native State
of California.
   (7) In 1942, Fred Korematsu refused to comply with Civilian
Exclusion Order No. 34 which was authorized by President Franklin D.
Roosevelt's Executive Order No. 9066. It imposed strict curfew
regulations and required over 100,000 United States citizens and
permanent residents of Japanese ancestry to leave their homes on the
West Coast and submit to imprisonment based solely on their ancestry.
Rather than reporting to the assembly center with the rest of his
family, Fred Korematsu chose to defy the order and decided to carry
on his life as an American citizen and a citizen of the State of
California.
   (8) Fred Korematsu was arrested on May 30, 1942, and charged with
violating the military's exclusion order. While spending two and
one-half months in the Presidio stockade prison in San Francisco, the
Executive Director of the American Civil Liberties Union of Northern
California, Ernest Besig, offered to defend him. Fred Korematsu was
tried and convicted by a federal court and taken by military
authorities to the Tanforan Relocation Center in San Bruno,
California, where he lived in squalor. After spending several months
at Tanforan, a former horse racing track, Korematsu and his family
were sent to the Topaz concentration camp in Utah. Believing the
discriminatory conviction went against freedoms guaranteed by the
Constitution, Fred Korematsu appealed his case. Though the appeal
went up to the United States Supreme Court in 1944, justice was
denied to Fred Korematsu when the Supreme Court upheld the conviction
by a six to three vote, leaving him devastated and wondering what
effect this would have on other Americans.
   (9) Tens of thousands of Japanese American soldiers fought in
Europe, North Africa, and the Pacific during World War II and served
with indomitable spirit and valor  ,  including those in the
442nd Infantry, the 100th Infantry Battalion, the 522nd Field
Artillery Battalion, the Military Intelligence Service, the 232nd
Combat Engineer Company, and the 1399th Engineer Construction
Battalion. The 442nd Infantry of the United States Army was a combat
team composed primarily of Japanese American soldiers who fought in
Europe. Some members of the 442nd were recruited directly from the
concentration camps, and many others had relatives that were
incarcerated in the camps. Grouped together as the 442nd Regimental
Combat Team, the unit became the most decorated unit in United States
military history for its size and length of service, receiving seven
Presidential Unit Citations, 21 Medals of Honor, 52 Distinguished
Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, and numerous
additional distinctions.
   (10) Following World War II and the release of Japanese Americans
from the concentration camps, Fred Korematsu attempted to resume life
as an American citizen, marrying his wife Kathryn and raising two
children, Karen and Ken. He maintained his innocence through the
years  ,  but the conviction had a lasting impact on Fred
Korematsu's basic rights, affecting his ability to obtain employment.

   (11) In 1982, with newly discovered evidence found by Peter Irons,
a legal historian and attorney, and Aiko Yoshinaga-Herzig, a
researcher, Fred Korematsu made the decision to reopen his 1944
conviction by petitioning for a writ of error coram nobis to have the
wrongful conviction vacated. The task of retrying a legal case based
on events 40 years past was complicated and novel, but a pro bono
legal team composed mostly of Sansei  third generation
Japanese Americans   (third generation Japanese
Americans)  was determined to undo the injustice perpetrated on
Fred Korematsu and their own family members who were imprisoned along
with Korematsu. Similarly, Minoru Yasui and Gordon K. Hirabayashi
also petitioned for writs of error coram nobis in Oregon and
Washington. Fred Korematsu's attorneys worked closely with the legal
teams assembled for the Minoru Yasui and Gordon K. Hirabayashi cases.
These pro bono teams were also composed primarily of Sansei, and
together the attorneys for the three cases developed the legal
strategies that would prove successful in defending the civil rights
of Fred Korematsu, Minoru Yasui, Gordon K. Hirabayashi, and all
Americans.
   (12) The writ of error coram nobis has been extremely limited in
application  ,  but has been used by courts once an
individual has been convicted and released in order to correct a
court's fundamental error or to reverse a manifest injustice. For
Fred Korematsu, the fundamental errors at the Supreme Court level
were the suppression, alteration, and destruction of evidence by
United States government officials that Japanese Americans were not
disloyal nor were predisposed to espionage and sabotage, as had been
argued by the government in the Korematsu, Hirabayashi, and Yasui
cases, and that no facts warranted the issuance of the military
orders and Executive Order No. 9066. Thus, Fred Korematsu's lawyers
argued that a fraud on the Supreme Court had been committed,
resulting in Fred Korematsu's conviction.
   (13) After litigating for nearly a year in the United States
District Court for the Northern District of California, Fred
Korematsu and his legal team emerged triumphant on November 10, 1983,
when Judge Marilyn Hall Patel announced from the bench her decision
granting the petition for the writ of error coram nobis to overturn
Fred Korematsu's conviction. The written decision was published on
April 19, 1984.
   (14) The decision by Judge Patel influenced petitions for writ of
error coram nobis in the United States District Courts of Oregon and
Washington, where Minoru Yasui and Gordon K. Hirabayashi successfully
filed to have their wrongful convictions vacated. The coram nobis
decisions in these cases impaired the precedent of the original
Supreme Court cases which validated the curfew and exclusion orders.
In addition, the decisions influenced Congress' passage of the Civil
Liberties Act of 1988.
   (15) The Civil Liberties Act of 1988 was signed into law by
President Ronald Reagan and recognized the grave injustice that was
done to United States residents and citizens of Japanese ancestry by
the forced relocation and incarceration of civilians during World War
II. Congress acknowledged that the incarceration of these Japanese
Americans occurred because of racial prejudice, wartime hysteria, and
a failure of political leadership. The apology extended on behalf of
the United States was also intended to make more credible and to be
consistent with any expressions of concern by the United States over
violations of human rights committed by other nations.
   (16) On January 15, 1998, Fred Korematsu was awarded the
Presidential Medal of Freedom. The Presidential Medal of Freedom is
the highest honor bestowed upon a civilian who has made a
particularly meritorious contribution to the nation's interests.
   (17) On June 11, 1998, Fred Korematsu received the first
California Senate Medal.
   (18) Fred Korematsu continued his efforts to ensure that Americans
do not forget the lessons learned from our own history as he
traveled across the country, speaking at various colleges, law
schools, and other organizations. He received honorary doctorates
from the University of San Francisco, California State University,
East Bay (formerly California State University, Hayward), McGeorge
School of Law, and the City University of New York Law School. Fred
Korematsu shared his story and encouraged others to speak up when
faced with injustice.
   (19) After September 11, 2001 (9/11), Korematsu continued to
 speak out. In 2004, he filed a petition with the United
States Supreme Court on behalf of Muslim inmates at Guantanamo Bay,
warning that the government's extreme measures were reminiscent of
the past.   speak out. In 2003, he filed a
"Friend-of-the-Court" brief with the United States Supreme Court on
behalf of Muslim inmates being held at Guantanamo Bay, warning that
the government's extreme national security measures were reminiscent
of the past. In 2004, he filed a similar brief on behalf of an
American Muslim man being held in solitary confinement without a
trial in a United States military prison. 
   (20) Fred Korematsu's life was the basis for the Emmy
award-winning 2001 Public Broadcasting Service documentary "Of Civil
Wrongs and Rights: The Fred Korematsu Story," coproduced by Eric Paul
Fournier and Fred Korematsu's son, Ken Korematsu. The coram nobis
cases were also the subject of an Oscar nominated film, "Unfinished
Business" directed by Steven Okazaki.
   (21) A true civil liberties hero was lost on March 30, 2005, when
Fred Korematsu passed away at 86 years of age due to respiratory
illness in San Rafael, California, leaving behind a lasting influence
on the importance of maintaining the constitutionally mandated
guarantee of liberty for all Americans.
   (22) On April 18, 2009, Seattle University School of Law opened
the  "Fred T. Korematsu Center for Law and Equality."
  Fred T. Korematsu Center for Law and Equality. 
   (23) On April 30, 2009, the Asian Law Caucus in San Francisco
officially launched the Fred T. Korematsu Institute for Civil Rights
and Education. The mission of the institute is to advance pan-ethnic
civil rights issues, in a post-9/11 context, through education,
leadership development, and activism. Fred Korematsu's daughter,
Karen  Korematsu-Haigh  Korematsu  , helped
found the Korematsu Institute. She is active in advancing her father'
s legacy as a member of the Institute's Steering Committee and as a
speaker at universities and organizations across the country.
   (24) On December 15, 2009, the San Leandro School Board in a
unanimous decision named the new 9th grade campus the San Leandro
High School, Fred T. Korematsu Campus. In November 2005, an
elementary school at Mace Ranch in Davis, California, was renamed the
Fred T. Korematsu Elementary School at Mace Ranch. In November 2006,
the Discovery Academy elementary school in Oakland, California, was
renamed the Fred T. Korematsu Discovery Academy.
   (25) In  the late 1980s   1988  , two
new streets in San Jose, California, were named Korematsu Court and
Hirabayashi Drive.
   (26) Fred Korematsu's life and his willingness to assert that our
civil liberties are the hallmark of our great country have left an
indelible mark on the history of our nation and holds a special
meaning for the people of California. 
  SEC. 2.    Section 37222 of the Education Code is
amended to read:
   37222.  (a) The following days in each year are designated and set
apart as days having special significance:
   (1) The second Wednesday in May as the Day of the Teacher.
   (2) April 21 of each year as John Muir Day.
   (3) April 6 of each year as California Poppy Day.
   (4) May 22 of each year as Harvey Milk Day.
   (5) January 30 of each year as Fred Korematsu Day of Civil
Liberties and the Constitution.
   (b) On each of the days designated in subdivision (a), all public
schools and educational institutions are encouraged to observe those
days and to conduct suitable commemorative exercises as follows:
   (1) On the Day of the Teacher, exercises commemorating and
directing attention to teachers and the teaching profession.
   (2) On John Muir Day, exercises stressing the importance that an
ecologically sound natural environment plays in the quality of life
for all of us, and emphasizing John Muir's significant contributions
to the fostering of that awareness and the indelible mark he left on
the State of California.
   (3) On California Poppy Day, exercises honoring the California
Poppy, including instruction about native plants, particularly the
California Poppy, and the economic and aesthetic value of
wildflowers; promoting responsible behavior toward our natural
resources and a spirit of protection toward them; and emphasizing the
value of natural resources and conservation of natural resources.
   (4) On Harvey Milk Day, exercises remembering the life of Harvey
Milk, recognizing his accomplishments, and familiarizing pupils with
the contributions he made to this state.
   (5) On Fred Korematsu Day of Civil Liberties and the Constitution,
exercises remembering the life of Fred Korematsu and recognizing the
importance of preserving civil liberties, even in times of real or
perceived crisis.
   (c) It is the intent of the Legislature that the exercises
encouraged in this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs. 
   SEC. 2.    Section 37222 of the   Education
Code   is amended to read: 
   37222.  (a)  The following days in each year are
designated and set apart as days having special significance:
  On each day designated and set apart as a day having
special significance, all public schools and educational institutions
are encouraged to observe that day and to conduct suitable
commemorative exercises.  
   (b) It is the intent of the Legislature that the exercises
encouraged by this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs.  
   (1) The second Wednesday in May as the Day of the Teacher.
 
   (2) April 21 of each year as John Muir Day.  
   (3) April 6 of each year as California Poppy Day. 

   (4) May 22 of each year as Harvey Milk Day.  
   (b) On each of the days designated in subdivision (a), all public
schools and educational institutions are encouraged to observe those
days and to conduct suitable commemorative exercises as follows:
 
   (1) On the Day of the Teacher, exercises commemorating and
directing attention to teachers and the teaching profession.
 
   (2) On John Muir Day, exercises stressing the importance that an
ecologically sound natural environment plays in the quality of life
for all of us, and emphasizing John Muir's significant contributions
to the fostering of that awareness and the indelible mark he left on
the State of California.  
   (3) On California Poppy Day, exercises honoring the California
Poppy, including instruction about native plants, particularly the
California Poppy, and the economic and aesthetic value of
wildflowers; promoting responsible behavior toward our natural
resources and a spirit of protection toward them; and emphasizing the
value of natural resources and conservation of natural resources.
 
   (4) On Harvey Milk Day, exercises remembering the life of Harvey
Milk, recognizing his accomplishments, and familiarizing pupils with
the contributions he made to this state.  
   (c) It is the intent of the Legislature that the exercises
encouraged in this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs. 
   SEC. 3.    Section 37222.10 is added to the 
 Education Code   , to read:  
   37222.10.  (a) The second Wednesday in May of each year is
designated and set apart as the Day of the Teacher, a day having
special significance pursuant to Section 37222.
   (b) On the Day of the Teacher, all public schools and educational
institutions are encouraged to conduct exercises commemorating and
directing attention to teachers and the teaching profession. 
   SEC. 4.    Section 37222.11 is added to the 
 Education Code   , to read:  
   37222.11.  (a) April 21 of each year is designated and set apart
as John Muir Day, a day having special significance pursuant to
Section 37222.
   (b) On John Muir Day, all public schools and educational
institutions are encouraged to conduct exercises stressing the
importance that an ecologically sound natural environment plays in
the quality of life for all of us, and emphasizing John Muir's
significant contributions to the fostering of that awareness and the
indelible mark he left on the State of California. 
   SEC. 5.    Section 37222.12 is added to the 
 Education Code   , to read:  
   37222.12.  (a) April 6 of each year is designated and set apart as
California Poppy Day, a day having special significance pursuant to
Section 37222.
   (b) On California Poppy Day, all public schools and educational
institutions are encouraged to conduct exercises honoring the
California Poppy, including instruction about native plants,
particularly the California Poppy, and the economic and aesthetic
value of wildflowers; promoting responsible behavior toward our
natural resources and a spirit of protection toward them; and
emphasizing the value of natural resources and conservation of
natural resources. 
   SEC. 6.    Section 37222.13 is added to the 
 Education Code   , to read:  
   37222.13.  (a) May 22 of each year is designated and set apart as
Harvey Milk Day, a day having special significance pursuant to
Section 37222.
   (b) On Harvey Milk Day, all public schools and educational
institutions are encouraged to conduct exercises remembering the life
of Harvey Milk, recognizing his accomplishments, and familiarizing
pupils with the contributions he made to this state. 
   SEC. 7.   Section 37222.14 is added to the  
Education Code   , to read:  
   37222.14.  (a) March 30 of each year is designated and set apart
as Welcome Home Vietnam Veterans Day, a day having special
significance pursuant to Section 37222.
   (b) On Welcome Home Vietnam Veterans Day, all public schools and
educational institutions are encouraged to conduct exercises
recognizing the contributions of all those involved in the Vietnam
War and remembering the sacrifices they made for their country. 

   SEC. 8.    Section 37222.15 is added to the 
 Education Code   , to read:  
   37222.15.  (a) January 30 of each year is designated and set apart
as Fred Korematsu Day of Civil Liberties and the Constitution, a day
having special significance pursuant to Section 37222.
   (b) On Fred Korematsu Day of Civil Liberties and the Constitution,
all public schools and educational institutions are encouraged to
conduct exercises remembering the life of Fred Korematsu and
recognizing the importance of preserving civil liberties, even in
times of real or perceived crisis. 
   SEC. 9.    Section 37222.5 of the  
Education Code   is repealed.  
   37222.5.  (a) In addition to the days specified in Section 37222,
the day of March 30 in each year shall be designated and set apart as
Welcome Home Vietnam Veterans Day.
   (b) On the day designated in subdivision (a), all public schools
and educational institutions are encouraged to observe that day and
to conduct exercises recognizing the contributions of all those
involved in the Vietnam War and remembering the sacrifices they made
for their country.
   (c) It is the intent of the Legislature that the exercises
encouraged in this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs. 
   SEC. 3.   SEC. 10.   Section 6722 is
added to the Government Code, to read:
   6722.  The Governor annually shall proclaim January 30 as Fred
Korematsu Day of Civil Liberties and the Constitution.