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Enrolled Version - Final Version House Bill 4254 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED

H. B. 4254

(By Delegates Mahan, Dalton, Tomblin,

Stemple, Smirl and L. White)



[Passed March 14, 1998; in effect ninety days from passage.]



AN ACT to amend and reenact sections one, two and three, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the computation of time within which a proceeding is to take place or an act is to be done; and designating days as weather or other emergency days when weather or emergency conditions prevent the general transaction of court business in a county.

Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all 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.

(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 or part statewide day off designated by the governor may, for all courts, be treated as if it were a legal holiday.
(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.
(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, legal holidays, or days designated as weather or other emergency days pursuant to section two of this article are governed by rules promulgated by the supreme court of appeals.
(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.
§2-2-2. When acts to be done fall on Saturday, Sunday or legal holiday; adjournments from day to day.

(a) When a proceeding is directed to take place or any act to be done on any particular day of the month or within any period of time prescribed or allowed, including those provided by article two, chapter fifty-five, of this code, if that day or the last day falls on a Saturday, Sunday, legal holiday, or a weather or other emergency day, the next day that is not a Saturday, Sunday, legal holiday, or a weather or other emergency day shall be deemed to be the one intended, and when the day upon which a term of court is directed by law to commence, falls on a Saturday, Sunday, legal holiday, or a weather or other emergency day, the following day that is not a Saturday, Sunday, legal holiday, or a weather or other emergency day shall be deemed to be the day intended. When an adjournment is authorized from day to day, an adjournment from Friday to Monday will be legal.
(b)(1) For purposes of this section, "weather or other emergency day" means a day designated for a county in accordance with the provisions of subdivision (2) of this subsection as a day upon which weather or other emergency conditions in that county prevent the general transaction of court business in that county.
(2) A weather or other emergency day is designated by order of the chief justice of the supreme court of appeals or by order of the chief judge of the circuit court of the county in which the proceeding is directed to take place or in which the act is to be done.
§2-2-3. Computation of time.
The provisions of sections one and two of this article relating to the time or period prescribed or allowed within which an act is to be done shall not be deemed to change any rule of law applicable to bills of exchange or negotiable notes.
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