SB85INTRODUCED
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SB85
2Z4FKII-1
By Senators Figures, Singleton, Coleman, Beasley,
Coleman-Madison, Hatcher, Smitherman, Stewart
RFD: County and Municipal Government
First Read: 08-Feb-24
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6 2Z4FKII-1 11/08/2023 ANS (L) ma 2023-3436
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First Read: 08-Feb-24
SYNOPSIS:
Existing law establishes Robert E. Lee's
birthday as a state holiday observed on the third
Monday in January.
This bill would specify that Robert E. Lee Day
would be observed on the second Monday in October.
This bill would delete duplicative language and
would also make nonsubstantive, technical revisions to
update the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to state holidays; to amend Section 1-3-8,
Code of Alabama 1975; to specify that Robert E. Lee Day would
be observed on the second Monday in October; and to delete
duplicative language and make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 1-3-8, Code of Alabama 1975, is
amended to read as follows:
"§1-3-8
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"§1-3-8
(a) The following days are official state
holidays:Sunday, Christmas Day,
(1) New Year's Day, January 1.
(2) Martin Luther King, Jr.'s birthday, Robert E. Lee's
birthday, the third Monday in January.
(3) George Washington's birthday, Thomas Jefferson's
birthday, Presidents' Day, the third Monday in February.
(4) Confederate Memorial Day, the fourth Monday in
April.
(5) National Memorial Day, the last Monday in May.
(6) Jefferson Davis' birthday, the first Monday in
June.
(7) the Fourth day of July, Independence Day, July 4.
(8) Labor Day, the first Monday in September.
(9) Columbus Day,and Fraternal Day, American Heritage
Day, and Robert E. Lee Day, the second Monday in October.
(10) Veterans' Day, November 11.
(11) Thanksgiving Day and the day after Thanksgiving,
the fourth Thursday in November and the following day.
(12) Christmas Day, December 25.
(b) American Indian Heritage Day, and the day
designated by the Governor for public thanksgiving shall each
be deemed a holiday. If any holiday falls on Sunday, the
following day is the holiday. If any holiday falls on
Saturday, the preceding day is the holiday. Veterans' Day
shall be observed by the closing of all state, county, and
municipal offices, all banks located within this state, and
the public schools on such day. Public schools, grades K to
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the public schools on such day. Public schools, grades K to
12, inclusive, and all public two-year institutions of higher
education shall also be closed on National Memorial Day, and
such closing shall be applicable to all students and
non-essential employees.
(c) Except as otherwise provided in subsection (f), all
state holidays shall be observed by the closing of all state
offices.
(d) The Superintendent of Banks, with the concurrence
of not less than two members of the state Banking Board, may
authorize any the closure of state bank to close on National
Memorial Day, the last Monday in May, banks in observance of
any state or federal holiday and on such any other days day as
may be declared by the Governor to be a state holidays holiday
or by the President of the United States to be a federal
holiday in honor of a special event. If any authorized a state
holiday falls on Friday, the Superintendent of Banks may
authorize the Saturday following that Friday to be a holiday.
The superintendent may also authorize the closing of banks at
12:00 noon on the day prior to Christmas Day , and the day
prior to New Year's Day, if such days the days fall on
business days.
(b) Of the above enumerated legal public holidays, the
following shall be observed on the dates herein prescribed:
(1) Robert E. Lee's birthday - the third Monday in
January.
(2) George Washington's birthday - the third Monday in
February.
(3) Confederate Memorial Day - the fourth Monday in
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(3) Confederate Memorial Day - the fourth Monday in
April.
(4) Jefferson Davis' birthday - the first Monday in
June.
(5) Columbus Day and Fraternal Day - the second Monday
in October.
(6) Veterans' Day - the eleventh day of November.
(7) Martin Luther King, Jr.'s birthday - the third
Monday in January.
(8) National Memorial Day - the last Monday in May.
(9) Thomas Jefferson's birthday - the third Monday in
February.
(10) American Indian Heritage Day - the second Monday
in October.
(c) (e)(1) In addition to the legal state holidays
provided abovein subsection (a) , Mardi Gras shall be deemed a
holiday in Mobile and Baldwin Counties , and all state offices
shall be closed in those counties on Mardi Gras.
(d) (2) In addition to the legal holidays provided
above all All state employees, except other than those
employed in Baldwin and Mobile Counties , shall be granted one
personal leave day per year. The personal leave day shall be
granted on January 1 of each year. All state employees
employed in Baldwin and Mobile Counties shall be granted no
personal leave day. All such personal leave days granted in
any year pursuant to this subdivision shall be used by the end
of the calendar year . All such personal leave days shall and
must be scheduled during the year with the approval of the
supervisor. Supervisors failing to schedule personal leave
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supervisor. Supervisors failing to schedule personal leave
days for employees shall justify that action in writing to the
Director of State Personnel and the employee shall receive pay
at a rate not less than the employee's usual and customary
rate of pay for any personal leave day not taken by December
31 of each year.
(e) (f)(1) All state holidays shall be observed by the
closing of all state offices. Any state office may remain open
on a state holiday upon written notice by the appointing
authority to the State Personnel Board at least 60 days in
advance of the holiday. Provided, that In addition, any state
office may be opened in the event of an emergency , and the
State Personnel Board may grant a blanket approval for the
openings opening of state offices needing to be open on
holidays on a regular basis for essential services.
(2) Any state employee working on a state holiday shall
receive a day of compensatory leave or paid compensation in
lieu of the holiday as provided herein .
(f) Each employee shall attempt to schedule any
compensatory leave day provided in lieu of a regularly
scheduled holiday, subject to the approval of the his or her
supervisor, during the quarter that the regularly scheduled
holiday occurred. If any compensatory leave day cannot be
scheduled during the designated quarter, the compensatory
leave day may be accumulated at the request of the employee
for up to one year. Supervisors failing to schedule
compensatory leave days for employees within the quarter,
unless the day is carried forward at the request of the
employee, shall justify that action in writing to the Director
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employee, shall justify that action in writing to the Director
of State Personnel , and the employee shall receive pay at a
rate not less than the employee's usual and customary rate of
pay for any compensatory leave day to which the employee may
be entitled and which has not been taken.
(g)(1) The first day in December of each year is
designated as Mrs. Rosa L. Parks Day in this state. All
citizens of this state are requested to devote some portion of
Mrs. Rosa L. Parks Day to commemorate the accomplishments of
Mrs. Rosa L. Parks, a woman of great courage, vision, love,
and faith who helped usher in the modern civil rights movement
on December 1, 1955, by refusing to give up her seat on a bus
in Montgomery, Alabama. Each resident of this state is
requested to observe the day with appropriate activities.
(2) Each county and municipality may elect to observe
Mrs. Rosa L. Parks Day as a holiday."
Section 2. This act shall become effective on October
1, 2024.
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