AL
Alabama House Bill HB97

Alabama 2023 Regular Session

Alabama House Bill HB97 Compare Versions

Only one version of the bill is available at this time.
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11 HB97INTRODUCED
22 Page 0
33 7B6CVE-1
44 By Representative Hall
55 RFD: State Government
66 First Read: 07-Mar-23
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1111 5 7B6CVE-1 01/09/2023 GP (L) ma 2022-5054
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1313 SYNOPSIS:
1414 Existing law establishes state holidays.
1515 This bill would specify that the State of
1616 Alabama shall observe as holidays all days designated
1717 as a holiday by the federal government.
1818 This bill would delete duplicative language and
1919 would also make nonsubstantive, technical revisions to
2020 update the existing code language to current style.
2121 A BILL
2222 TO BE ENTITLED
2323 AN ACT
2424 Relating to state holidays; to amend Section 1-3-8,
2525 Code of Alabama 1975; to specify that the State of Alabama
2626 shall observe as holidays days designated as a holiday by the
2727 federal government; and to delete duplicative language and
2828 make nonsubstantive, technical revisions to update the
2929 existing code language to current style.
3030 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3131 Section 1. Section 1-3-8, Code of Alabama 1975, is
3232 amended to read as follows:
3333 "ยง1-3-8
3434 (a) Sunday, Christmas Day, New Year's Day, Martin
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6464 Luther King, Jr.'s birthday, Robert E. Lee's birthday, George
6565 Washington's birthday, Thomas Jefferson's birthday,
6666 Confederate Memorial Day, National Memorial Day, Jefferson
6767 Davis' birthday, the Fourth day of July, Labor Day, Columbus
6868 Day and Fraternal Day, Veterans' Day, American Indian Heritage
6969 Day, and the day designated by the Governor for public
7070 thanksgiving shall each be deemed a holiday. If any holiday
7171 falls on Sunday, the following day is the holiday. If any
7272 holiday falls on Saturday, the preceding day is the holiday.
7373 Veterans' Day shall be observed by the closing of all state,
7474 county, and municipal offices, all banks located within this
7575 state, and the public schools on such day. Public schools,
7676 grades K to 12, inclusive, and all public two-year
7777 institutions of higher education shall also be closed on
7878 National Memorial Day, and such closing shall be applicable to
7979 all students and non-essential employees. The State of Alabama
8080 shall recognize and observe the following days as public and
8181 legal holidays:
8282 (1) All days which have been designated as of January
8383 1, 2022, as public and legal holidays by the federal
8484 government.
8585 (2) All other days designated and proclaimed by the
8686 Governor as public and legal holidays or as days of fasting
8787 and prayer or other religious observance. If the Governor
8888 designates additional days pursuant to this subdivision, the
8989 Governor shall include at least one of the following dates:
9090 a. The third Monday in January.
9191 b. The fourth Monday in April.
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121121 c. The first Monday in June.
122122 d. A suitable date in lieu thereof to commemorate the
123123 event or events observed by the dates in paragraphs a. through
124124 c.
125125 (b) If any holiday falls on Saturday, the preceding day
126126 is the holiday.
127127 (c) The Governor shall close all state offices and
128128 facilities a minimum of 13 days throughout the year and not
129129 more than 13 days in observance of the public and legal
130130 holidays and other days set forth in subsection (a). The
131131 Governor shall also specify the days state offices and
132132 facilities shall be closed in observation of public and legal
133133 holidays.
134134 (d) The Superintendent of Banks, with the concurrence
135135 of not less than two members of the state Banking Board, may
136136 authorize any state bank to close on National Memorial Day,
137137 the last Monday in May, the closure of state banks in
138138 observance of any state or federal holiday and on such any
139139 other days day as may be declared by the Governor to be a
140140 state holidays holiday or by the President of the United
141141 States to be a federal holiday in honor of a special event. If
142142 any authorized a state holiday falls on Friday, the
143143 Superintendent of Banks may authorize the Saturday following
144144 that Friday to be a holiday. The superintendent may also
145145 authorize the closing of banks at 12:00 noon on the day prior
146146 to Christmas Day , and the day prior to New Year's Day, if such
147147 days the holidays fall on business days.
148148 (b) Of the above enumerated legal public holidays, the
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178178 following shall be observed on the dates herein prescribed:
179179 (1) Robert E. Lee's birthday - the third Monday in
180180 January.
181181 (2) George Washington's birthday - the third Monday in
182182 February.
183183 (3) Confederate Memorial Day - the fourth Monday in
184184 April.
185185 (4) Jefferson Davis' birthday - the first Monday in
186186 June.
187187 (5) Columbus Day and Fraternal Day - the second Monday
188188 in October.
189189 (6) Veterans' Day - the eleventh day of November.
190190 (7) Martin Luther King, Jr.'s birthday - the third
191191 Monday in January.
192192 (8) National Memorial Day - the last Monday in May.
193193 (9) Thomas Jefferson's birthday - the third Monday in
194194 February.
195195 (10) American Indian Heritage Day - the second Monday
196196 in October.
197197 (c)(e)(1) In addition to the legal holidays provided
198198 above in subsection (a) , Mardi Gras shall be deemed a holiday
199199 in Mobile and Baldwin Counties and all state offices shall be
200200 closed in those counties on Mardi Gras.
201201 (d)(2) All In addition to the legal holidays provided
202202 above all state employees , except other than those employed in
203203 Baldwin and Mobile Counties , shall be granted one personal
204204 leave day per year. The personal leave day shall be granted on
205205 January 1 of each year. All state employees employed in
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235235 Baldwin and Mobile Counties shall be granted no personal leave
236236 day. All such personal leave days granted in any year pursuant
237237 to this section shall be used by the end of the calendar year .
238238 All such personal leave days shall and must be scheduled
239239 during the year with the approval of the supervisor.
240240 Supervisors failing to schedule personal leave days for
241241 employees shall justify that action in writing to the Director
242242 of State Personnel and the employee shall receive pay at a
243243 rate not less than the employee's usual and customary rate of
244244 pay for any personal leave day not taken by December 31 of
245245 each year.
246246 (e)(f)(1)All state holidays shall be observed by the
247247 closing of all state offices. Any state office may remain open
248248 on a state holiday upon written notice by the appointing
249249 authority to the State Personnel Board at least 60 days in
250250 advance of the holiday. Provided, that In addition, any state
251251 office may be opened in the event of an emergency , and the
252252 State Personnel Board may grant a blanket approval for the
253253 openings opening of state offices needing to be open on
254254 holidays on a regular basis for essential services.
255255 (2) Any state employee working on a state holiday shall
256256 receive a day of compensatory leave or paid compensation in
257257 lieu of the holiday as provided herein .
258258 (f)(g) Each employee shall attempt to schedule any
259259 compensatory leave day provided in lieu of a regularly
260260 scheduled holiday, subject to the approval of the his or her
261261 supervisor, during the quarter that the regularly scheduled
262262 holiday occurred. If any compensatory leave day cannot be
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292292 scheduled during the designated quarter, the compensatory
293293 leave day may be accumulated at the request of the employee
294294 for up to one year. Supervisors failing to schedule
295295 compensatory leave days for employees within the quarter,
296296 unless the day is carried forward at the request of the
297297 employee, shall justify that action in writing to the Director
298298 of State Personnel and the employee shall receive pay at a
299299 rate not less than the employee's usual and customary rate of
300300 pay for any compensatory leave day to which the employee may
301301 be entitled and which has not been taken.
302302 (g)(1)(h)(1) The first day in December of each year is
303303 designated as Mrs. Rosa L. Parks Day in this state. All
304304 citizens of this state are requested to devote some portion of
305305 Mrs. Rosa L. Parks Day to commemorate the accomplishments of
306306 Mrs. Rosa L. Parks, a woman of great courage, vision, love,
307307 and faith who helped usher in the modern civil rights movement
308308 on December 1, 1955, by refusing to give up her seat on a bus
309309 in Montgomery, Alabama. Each resident of this state is
310310 requested to observe the day with appropriate activities.
311311 (2) Each county and municipality may elect to observe
312312 Mrs. Rosa L. Parks Day as a holiday."
313313 Section 2. This act shall become effective on January
314314 1, 2024, following its passage and approval by the Governor,
315315 or its otherwise becoming law.
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