COMMITTEE SUBSTITUTE
for
H. B. 2350
(By Delegates Dempsey, Beane and Preece)
(Originating in the House Committee on the Judiciary)
[February 16, 1995]
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 establishing legal
holidays; computing time periods and fixing specific dates
for official acts and court proceedings; and providing an
exception for school holidays.
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:
§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 of February, 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.
(a) The following days are legal holidays:
(1) The first day of January is "New Year's Day";
(2) The third Monday of January is "Martin Luther King's
Birthday";
(3) The twelfth day of February is "Lincoln's Birthday";
(4) The third Monday of February is "Washington's Birthday";
(5) The last Monday in May is "Memorial Day";
(6) The twentieth day of June is "West Virginia Day";
(7) The fourth day of July is "Independence Day";
(8) The first Monday of September is "Labor Day";
(9) The second Monday of October is "Columbus Day";
(10) The eleventh day of November is "Veterans' Day";
(11) The fourth Thursday of November is "Thanksgiving Day";
(12) The twenty-fifth day of December is "Christmas Day";
(13) Any day on which a general, primary or special
election is held is a holiday throughout the state, a political
subdivision of the state, a district or an incorporated city,
town or village in which the election is conducted; and
(14) Any day proclaimed or ordered by the governor or the
president of the United States as a day of special observance or
thanksgiving, or a day for the general cessation of business, is
a holiday.
(b) If a holiday otherwise described in subsection (a) of
this section falls on a Sunday, then the following Monday is the
legal holiday. If a holiday otherwise described in subsection
(a) of this section falls on a Saturday, then the preceding
Friday is the legal holiday: Provided, That this subsection (b)
shall not apply to subdivision 13, subsection (a) of this section.
(c) Any day or part thereof designated by the governor as
time off, without charge against accrued annual leave, for state
employees statewide may also be time off for county employees if
the county commission elects to designate the day or part thereof
as time off, without charge against accrued annual leave for
county employees. Any entire statewide day off designated by the
governor shall be a nonjudicial day. Any part statewide day off
designated by the governor shall be a nonjudicial day.
(d) In computing any period of time prescribed by any
applicable provision of this code or any legislative rule or
other administrative rule or regulation promulgated pursuant to
the provisions of this code, the day of the act, event, default
or omission from which the applicable period begins to run is not
included. The last day of the period so computed is included,
unless it is a Saturday, a Sunday, a legal holiday or a
designated day off in which event the prescribed period of time
runs until the end of the next day that is not a Saturday,
Sunday, legal holiday or designated day off.
(e) If any applicable provision of this code or any
legislative rule or other administrative rule or regulation
promulgated pursuant to the provisions of this code designates a
particular date on, before or after which an act, event, default or omission is required or allowed to occur, and if the
particular date designated falls on a Saturday, Sunday, legal
holiday or designated day off, then the date on which the act,
event, default or omission is required or allowed to occur is the
next day that is not a Saturday, Sunday, legal holiday or
designated day off.
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 holiday
shall 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.
(f) With regard to the courts of this state, the
computation of periods of time, the specific dates or days when
an act, event, default or omission is required or allowed to
occur and the relationship of those time periods and dates to
Saturdays, Sundays or legal holidays, are governed by rules
promulgated by the supreme court of appeals, and local rules
established by circuit courts.
(g) The provisions of this section do not increase or
diminish the legal school holidays provided for in section two, article five, chapter eighteen-a of this code.