1 SB300
2 211072-1
3 By Senators Figures, Elliott, Singleton, Whatley, Hatcher,
4 Allen, Beasley, Reed, Smitherman, Waggoner, Coleman-Madison,
5 Marsh, Givhan, Scofield, Gudger, Livingston, Stutts, Butler,
6 Chesteen, Roberts, Williams, Jones, Albritton, Sessions, Orr,
7 Barfoot and Price
8 RFD: Governmental Affairs
9 First Read: 03-MAR-21
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1 211072-1:n:03/02/2021:HB/ma LSA2021-705
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8 SYNOPSIS: Under existing law, Robert E. Lee's Birthday
9 is an enumerated legal public holiday observed on
10 the third Monday in January.
11 This Bill would specify that Robert E. Lee
12 Day would be observed on the second Monday in
13 October.
14
15 A BILL
16 TO BE ENTITLED
17 AN ACT
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19 Relating to state holidays; to amend Section 1-3-8
20 of the Code of Alabama 1975, to specify that Robert E. Lee Day
21 would be observed on the second Monday in October.
22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23 Section 1. Section 1-3-8, Code of Alabama 1975, is
24 amended to read as follows
25 "1-3-8.
26 "(a) Sunday, Christmas Day, New Year's Day, Martin
27 Luther King, Jr.'s birthday, Robert E. Lee's Birthday Lee Day,
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1 George Washington's birthday, Thomas Jefferson's birthday,
2 Confederate Memorial Day, National Memorial Day, Jefferson
3 Davis' birthday, the Fourth day of July, Labor Day, Columbus
4 Day and Fraternal Day, Veterans Day, American Indian Heritage
5 Day, and the day designated by the Governor for public
6 thanksgiving shall each be deemed a holiday. If any holiday
7 falls on Sunday, the following day is the holiday. If any
8 holiday falls on Saturday, the preceding day is the holiday.
9 Veterans Day shall be observed by the closing of all state,
10 county, and municipal offices, all banks located within this
11 state, and the public schools on such day. Public schools,
12 grades K to 12, inclusive, and all public two-year
13 institutions of higher education shall also be closed on
14 National Memorial Day, and such closing shall be applicable to
15 all students and non-essential employees. The Superintendent
16 of Banks, with the concurrence of not less than two members of
17 the State Banking Board, may authorize any state bank to close
18 on National Memorial Day, the last Monday in May, and on such
19 other days as may be declared by the Governor to be state
20 holidays in honor of a special event. If any authorized state
21 holiday falls on Friday, the Superintendent of Banks may
22 authorize the Saturday following that Friday to be a holiday.
23 The superintendent may also authorize the closing of banks at
24 12:00 noon on the day prior to Christmas Day, and the day
25 prior to New Year's Day, if such days fall on business days.
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1 "(b) Of the above enumerated legal public holidays,
2 the following shall be observed on the dates herein
3 prescribed:
4 "(1) Robert E. Lee's Birthday Lee Day- the third the
5 second Monday in January October.
6 "(2) George Washington's birthday - the third Monday
7 in February.
8 "(3) Confederate Memorial Day - the fourth Monday in
9 April.
10 "(4) Jefferson Davis' birthday - the first Monday in
11 June.
12 "(5) Columbus Day and Fraternal Day - the second
13 Monday in October.
14 "(6) Veterans Day - the eleventh day of November.
15 "(7) Martin Luther King, Jr.'s birthday - the third
16 Monday in January.
17 "(8) National Memorial Day - the last Monday in May.
18 "(9) Thomas Jefferson's birthday - the third Monday
19 in February.
20 "(10) American Indian Heritage Day - the second
21 Monday in October.
22 "(c) In addition to the legal holidays provided
23 above, Mardi Gras shall be deemed a holiday in Mobile and
24 Baldwin Counties and all state offices shall be closed in
25 those counties on Mardi Gras.
26 "(d) In addition to the legal holidays provided
27 above all state employees, except those employed in Baldwin
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1 and Mobile Counties, shall be granted one personal leave day
2 per year. The personal leave day shall be granted on January 1
3 of each year. All state employees employed in Baldwin and
4 Mobile Counties shall be granted no personal leave day. All
5 such personal leave days granted in any year shall be used by
6 the end of the calendar year. All such personal leave days
7 shall be scheduled during the year with the approval of the
8 supervisor. Supervisors failing to schedule personal leave
9 days for employees shall justify that action in writing to the
10 Director of State Personnel and the employee shall receive pay
11 at a rate not less than the employee's usual and customary
12 rate of pay for any personal leave day not taken by December
13 31 of each year.
14 "(e) All state holidays shall be observed by the
15 closing of all state offices. Any state office may remain open
16 on a state holiday upon written notice by the appointing
17 authority to the State Personnel Board at least 60 days in
18 advance of the holiday. Provided, that any state office may be
19 opened in the event of an emergency and the State Personnel
20 Board may grant a blanket approval for the openings of state
21 offices needing to be open on holidays on a regular basis for
22 essential services. Any state employee working on a state
23 holiday shall receive a day of compensatory leave or paid
24 compensation in lieu of the holiday as provided herein.
25 "(f) Each employee shall attempt to schedule any
26 compensatory leave day provided in lieu of a regularly
27 scheduled holiday, subject to the approval of the supervisor,
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1 during the quarter that the regularly scheduled holiday
2 occurred. If any compensatory leave day cannot be scheduled
3 during the designated quarter, the compensatory leave day may
4 be accumulated at the request of the employee for up to one
5 year. Supervisors failing to schedule compensatory leave days
6 for employees within the quarter, unless the day is carried
7 forward at the request of the employee, shall justify that
8 action in writing to the Director of State Personnel and the
9 employee shall receive pay at a rate not less than the
10 employee's usual and customary rate of pay for any
11 compensatory leave day to which the employee may be entitled
12 and which has not been taken.
13 "(g)(1) The first day in December of each year is
14 designated as Mrs. Rosa L. Parks Day in this state. All
15 citizens of this state are requested to devote some portion of
16 Mrs. Rosa L. Parks Day to commemorate the accomplishments of
17 Mrs. Rosa L. Parks, a woman of great courage, vision, love,
18 and faith who helped usher in the modern civil rights movement
19 on December 1, 1955, by refusing to give up her seat on a bus
20 in Montgomery, Alabama. Each resident of this state is
21 requested to observe the day with appropriate activities.
22 "(2) Each county and municipality may elect to
23 observe Mrs. Rosa L. Parks Day as a holiday."
24 Section 2. This act shall become effective on the
25 first day of the third month following its passage and
26 approval by the Governor, or its otherwise becoming law.
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Statutes affected:
Introduced: 1-3-8