MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Rules

By: Representative Osborne

House Bill 682

AN ACT TO AMEND SECTION 3-3-7, MISSISSIPPI CODE OF 1972, TO REVISE THE STATE HOLIDAYS TO REMOVE CONFEDERATE MEMORIAL DAY AS A LEGAL HOLIDAY; AND FOR RELATED PURPOSES.

     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

          (a)  The first day of January, designated as New Year's Day;

          (b)  The third Monday of January, designated as Robert E. Lee's birthday and Dr. Martin Luther King, Jr.'s birthday;

          (c)  The third Monday of February, designated as George Washington's birthday;  

 * * *  (e)  The last Monday of April, designated as Confederate Memorial Day;

          (d)  The last Monday of May, designated as both National Memorial Day and Jefferson Davis' birthday;

          (e)  The fourth day of July, designated as Independence Day;

          (f)  The first Monday of September, designated as Labor Day;

          (g)  The eleventh day of November, designated as Armistice or Veterans' Day;

          (h)  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, designated as Thanksgiving Day; and

          (i)  The twenty-fifth day of December, designated as Christmas Day. 

      * * *In the event If any legal holiday * * *hereinbefore declared legal shall falls on a Sunday, then the next following day 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, designated as Robert E. Lee's and Dr. Martin Luther King, Jr.'s birthday and the eleventh day of November, designated as 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)  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.

     (4)  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.

     (5)  Armistice * * *Day or 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 or 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 or 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, 2023.