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Introduced Version House Bill 4118 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4118


(By Delegates Hendricks and Dempsey)
[Introduced January 25, 1994; referred to the
Committee on Political Subdivisions then Finance.]




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 providing that county and municipal employees and employees of governmental authorities created by an act of the Legislature shall have certain holidays designated by the governor as holidays for state employees.

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 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. Any holiday designated by the president of the United States and proclaimed by the governor as a holiday for state employees and any holiday designated by the governor as a holiday for state employees shall also be a holiday for municipal and county employees and employees of governmental authorities created by an act of the Legislature, whether or not the governor makes a formal proclamation of the holiday.

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.



NOTE: The purpose of this bill is to give municipal and county employees and employees of governmental authorities created by an act of the Legislature the same holidays that the governor designates as holidays for state employees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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