MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Rules

By: Representative Clark

House Bill 317

AN ACT TO AMEND SECTION 3-3-7, MISSISSIPPI CODE OF 1972, TO DESIGNATE JUNE 19 AS "JUNETEENTH FREEDOM DAY"; TO SPECIFICALLY PROVIDE THAT JUNETEENTH FREEDOM DAY SHALL NOT BE A LEGAL HOLIDAY, BUT SHALL BE A DAY OF COMMEMORATION AT NO EXPENSE TO THE STATE; TO CLARIFY WHEN A LEGAL HOLIDAY WILL BE CELEBRATED WHEN THE HOLIDAY FALLS ON A SATURDAY OR SUNDAY; AND FOR RELATED PURPOSES.

     WHEREAS, the date of June 19 is known as "Juneteenth," and it is the oldest nationally celebrated commemoration of the ending of slavery in the United States; and

     WHEREAS, the commemoration of June 19 as Juneteenth specifically refers to the fact that, even though President Lincoln announced the Emancipation Proclamation in 1863, the joyous news of freedom from slavery did not reach certain Americans in Galveston, Texas, until June 19, 1865; and

     WHEREAS, Juneteenth commemorates freedom from slavery in America, emphasizes education and achievement, and is a day for reflection and rejoicing in the African-American experience; and

     WHEREAS, the celebration of Juneteenth is inclusive of all races, ethnicities, religions and nationalities, in that citizens across our country join hands in acknowledging a period in our history that has influenced our society — a great society that advances the ideals of liberty and justice for all; 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 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).  * * * In the eventIf any holiday * * *hereinbefore declared legal shall falls on a Saturday or Sunday, then the next following * * * dayMonday, 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:

          ( * * *3a)  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. 

          ( * * *4b)  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.

          (c)  June 19 is declared to be Juneteenth Freedom Day in recognition and commemoration of June 19, 1865, as the date former slaves of African descent received communication that slavery had ended in America, and as a day when the ideals of liberty and justice for all citizens is celebrated.  This day shall be a day of commemoration, recognition and observation and shall not be recognized as a legal holiday.

     ( * * *54)  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 July 1, 2018.