MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Rules
By: Representative Scott
AN ACT TO AMEND SECTION 3-3-7, MISSISSIPPI CODE OF 1972, TO DESIGNATE JUNE 19TH, JUNETEENTH NATIONAL INDEPENDENCE DAY, AS A LEGAL HOLIDAY IN THE STATE OF MISSISSIPPI; TO CLARIFY WHEN A LEGAL HOLIDAY WILL BE CELEBRATED WHEN THE HOLIDAY FALLS ON A SATURDAY OR SUNDAY; AND FOR RELATED PURPOSES.
WHEREAS, the Legislature finds that June 19, 1865, known as "Juneteenth," commemorates the true end to slavery in the United States when Major General Gordon Granger traveled to Galveston, Texas, and declared the joyous news of freedom from slavery, and 250,000 enslaved individuals in Texas finally learned that they were free, nearly two years after the Emancipation Proclamation was signed by President Abraham Lincoln; and
WHEREAS, Juneteenth is considered to be the longest-running African-American holiday marking the end of slavery in the United States, and it has been celebrated across the nation for over 150 years in commemoration of the last enslaved persons' freedom, while emphasizing education and achievement, as well as inclusiveness of all races and ethnic groups; and
WHEREAS, on June 15, 2021, the U.S. Senate unanimously passed the Juneteenth National Independence Day Act to establish Juneteenth as a federal holiday, and this unanimous vote included "aye" votes from Senator Roger Wicker and Senator Cindy Hyde Smith; and on June 16, 2021, the U.S. House of Representatives passed the act with a vote of 415-14, with the "aye" votes including those from Representative Bennie Thompson, Representative Steven Palazzo, Representative Michael Guest and Representative Trent Kelly; and
WHEREAS, on June 17, 2021, at 10:00 a.m. CST, Representative Omeria Scott requested legislation to be drafted that designates June 19th, Juneteenth National Independence Day, as an official, legal state holiday in the State of Mississippi, five hours and three minutes before President Joe Biden, the 46th President of the United States, signed the Juneteenth National Independence Day Act, making Juneteenth a federal holiday at 4:03 p.m. EST; and
WHEREAS, forty-seven states and the District of Columbia have declared Juneteenth as a public holiday, honoring freedom, recognizing life and uplifting the complex history and beautiful culture of the African-American community; and
WHEREAS, legal holidays in the State of Mississippi are purposefully few in number and recognize the most important milestones in our nation's history, and Juneteenth is certainly one of our nation's most important milestones, as it marks the true end of slavery in the United States, and should be declared a legal holiday in the State of Mississippi; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 3-3-7, Mississippi Code of 1972, is amended as follows:
3-3-7. (1) Except as
otherwise provided in subsection (2) of this section, the following are
declared to be legal holidays, viz: the first day of January (New Year's Day);
the third Monday of January (Robert E. Lee's birthday and Dr. Martin Luther
King, Jr.'s birthday); the third Monday of February (Washington's birthday);
the last Monday of April (Confederate Memorial Day); the last Monday of May
(National Memorial Day and Jefferson Davis' birthday); the nineteenth day of
June (Juneteenth National Independence Day); the fourth day of July (Independence
Day); the first Monday of September (Labor Day); the eleventh day of November
(Armistice or Veterans' Day); the day fixed by proclamation by the Governor of
Mississippi as a day of Thanksgiving, which shall be fixed to correspond to the
date proclaimed by the President of the United States (Thanksgiving Day); and
the twenty-fifth day of December (Christmas Day). * * * If any holiday * * * falls
on a Saturday or Sunday, then the next following * * *
Monday, or another day fixed
by proclamation of the Governor as the day to celebrate the holiday, shall
be a legal holiday.
(2) In lieu of any one (1) legal holiday provided for in subsection (1) of this section, with the exception of the third Monday in January (Robert E. Lee's and Martin Luther King, Jr.'s birthday) and the eleventh day of November (Armistice or Veterans' Day), the governing authorities of any municipality or county may declare, by order spread upon its minutes, Mardi Gras Day or any one (1) other day during the year, to be a legal holiday.
(3) The following are not legal holidays for purposes of this section, and the commemoration, recognition or observation of these days does not authorize any state or local governmental entity or political subdivision to consider, recognize or declare such days as legal holidays:
( * * *a) August 16 is declared to be Elvis
Aaron Presley Day in recognition and appreciation of Elvis Aaron Presley's many
contributions, international recognition and the rich legacy left to us by
Elvis Aaron Presley. This day shall be a day of recognition and observation
and shall not be recognized as a legal holiday.
( * * *b) May 8 is declared to be Hernando de
Soto Day in recognition, observation and commemoration of Hernando de Soto, who
led the first and most imposing expedition ever made by Europeans into the
wilds of North America and the State of Mississippi, and in further recognition
of the Spanish explorer's 187-day journey from the Tombigbee River basin on our
state's eastern boundary, westward to the place of discovery of the Mississippi
River on May 8, 1541. This day shall be a day of commemoration, recognition
and observation of Hernando de Soto and European exploration and shall not be
recognized as a legal holiday.
( * * *4) Armistice Day (Veterans'
Day) shall be observed by appropriate exercises in all the public schools in
the State of Mississippi. The superintendent of schools of each public school
district is authorized to provide for the appearance of uniformed military personnel,
uniformed veterans or the families of fallen military personnel/veterans at
such public school exercises in honor of Armistice (Veterans') Day. The
superintendent of schools is also authorized to permit the school band and its
director(s) at any public school in the district to perform at Armistice
(Veterans') Day exercises in the school district upon the request of
public officials or veterans associations without loss of any program credit by
participating students and without loss of leave by participating school
personnel.
SECTION 2. This act shall take effect and be in force from and after its passage.