Senate Bill No. 18
(By Senator Wooton)
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[Introduced February 10, 1993; referred
on the Committee on Government Organization.]
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A BILL to amend and reenact section one, article two, chapter two
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to legal holidays; and
allowing county commissions and governing bodies of
municipalities to adopt and declare general cessation of
business days.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter two of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION
OF STATUTES; DEFINITIONS.
§2-2-1. Legal holidays; official acts or court proceedings.
The following days shall be regarded, treated and observed
as legal holidays, viz: The first day of January, commonly
called "New Year's Day"; the third Monday of January, commonly
called "Martin Luther King's Birthday"; the twelfth day ofFebruary, commonly called "Lincoln's Birthday"; the third Monday
of February, commonly called "Washington's Birthday"; the last
Monday in May, commonly called "Memorial Day"; the twentieth day
of June, commonly called "West Virginia Day"; the fourth day of
July, commonly called "Independence Day"; the first Monday of
September, commonly called "Labor Day"; the second Monday of
October, commonly called "Columbus Day"; the eleventh day of
November, hereafter referred to as "Veterans' Day"; the fourth
Thursday of November, commonly called "Thanksgiving Day"; the
twenty-fifth day of December, commonly called "Christmas Day";
any national, state or other election day throughout the district
or municipality wherein the election is held; and all days which
may be appointed or recommended by the governor of this state, or
the president of the United States, as days of thanksgiving, or
for the general cessation of business; and when any of these days
or dates falls on a Sunday, then the succeeding Monday shall be
regarded, treated and observed as the legal holiday.
County commissions and the governing bodies of
municipalities may adopt and declare general cessation of
business days on any day appointed or recommended by the governor
of this state or the president of the United States as general
cessation of business days.
When the return day of any summons or other court proceeding
or any notice or time fixed for holding any court or doing any
official act shall fall on any of these holidays, the next
ensuing day which is not a Saturday, Sunday or legal holidayshall be taken as meant and intended:
Provided, That nothing
herein contained shall increase nor diminish the legal school
holidays provided for in section two, article five, chapter
eighteen-a of this code.
NOTE: The purpose of this bill is to authorize county
commissions and governing bodies of municipalities to adopt and
declare general cessation of business days.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.