COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 100
(By Senator Tomblin)
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[Originating in the Committee on Government Organization;
reported February 24, 1994.]
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A BILL 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; and to amend and
reenact section two, article three, chapter seven of said
code, all relating to the designation by governor of days
off for state and county employees; gubernatorial
designation of nonjudicial days; and providing for
designation of Friday as the legal holiday when the actual
legal holiday falls on a Saturday.
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; and that section two,
article three, chapter seven of said code be amended and
reenacted, all to read as follows:
CHAPTER 2. COMMON LAWS, STATUTES, LEGAL HOLIDAYS,
DEFINITIONS AND LEGAL CAPACITY.
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; and when any
of these days or dates falls on a Saturday, then the preceding
Friday shall be regarded, treated and observed as the legal
holiday.
Any day or part thereof designated by the governor as timeoff, 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 hereof
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 in such
part.
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 or days off
designated by the governor, the next ensuing day which is not a
Saturday, Sunday, legal holiday or designated day off 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.
§2-2-2. When acts to be done fall on Saturday, Sunday or legal
holiday; adjournments from day to day.
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 on a day off
designated by the governor under section one of this article, the
next day which is not a Saturday, Sunday or legal holiday or
designated day off shall be deemed to be the one intended, and
when the day upon which a term of court is directed by law tocommence, falls on a Saturday, Sunday, legal holiday or
designated day off, the following day which is not a Saturday,
Sunday, legal holiday or designated day off 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.
§2-2-3. Computation of time.
The time or period prescribed or allowed within which an act
is to be done shall be computed by excluding the first day and
including the last; or if the last be a Saturday, Sunday, legal
holiday or a day off designated by the governor under section one
of this article, it shall also be excluded, and any such Saturday
or designated day off shall be a legal holiday solely for the
purpose of Rule 6(a) of the Rules of Civil Procedure for Trial
Courts of Record; but the provisions of this section shall not be
deemed to change any rule of law applicable to bills of exchange
or negotiable notes.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 3. COUNTY PROPERTY.
§7-3-2. Courthouse, jail and offices.
The county commission of every county, at the expense of the
county, shall provide at the county seat thereof a suitable
courthouse and jail, together with suitable offices for the judge
of the circuit court and judges of courts of limited
jurisdiction, clerks of circuit courts, courts of limited
jurisdiction and of the county commission, assessor, sheriff,
prosecuting attorney, county superintendent of schools and
surveyor, and all other offices as are or may be required by law:
Provided, That the courthouse, including any annex or otherfacility housing the courts and offices herein set out (excepting
all facilities that are on a twenty-four-hour basis), shall be
open to the public Monday through Friday during the hours
prescribed by the county commission by an order duly recorded in
the order book of the commission. The county commission in such
order may, in its discretion, provide that the courthouse,
including any annex or other facility housing the courts and
offices herein set out, be open on Saturday and prescribe the
hours during which it shall be open. In no case may the county
commission provide that the courthouse, including any annex or
other facility housing the courts and offices herein set out, be
open for business on Sundays, national or state holidays or days
off designated by the governor under section one, article two,
chapter two of this code:
Provided, however, That the county
commission of every county having a population in excess of two
hundred thousand may provide at the county seat or elsewhere in
the county, as the county commission shall determine, a suitable
jail or jails:
Provided further, That the county commission of
any county, regardless of population, may, as provided in article
twenty-three, chapter eight of this code, contract with the
county commissions of one or more other counties within this
state for the erection, construction, equipment, leasing and
renting of a regional correctional center for either adult or
youth offenders, at a location mutually agreeable to the
contracting parties and not necessarily at the county seat, which
will serve each county entering into the contract. The county
commission shall keep the courthouse, jail and other offices in
constant and adequate repair, and supplied with the necessaryheat, light, furniture, record books and janitor service, and,
except as to the office for the judge of the circuit court, with
the necessary stationery and postage and other things as shall be
necessary; but all of the public records, books and papers
belonging or appertaining to the county surveyor's office shall
be delivered to the clerk of the county commission and retained
by him in his official possession and under his control and shall
constitute a part of the public records, books and papers of his
office. All courthouses, jails and offices hereafter erected
shall be built of stone and brick, or stone or brick, or other
equally fireproof materials, and the offices shall be fireproof
or be furnished with fireproof vaults or safes. The jails shall
be well secured and sufficient for the convenient accommodation
of those who may be confined therein. The county commission may
also provide other necessary offices and buildings and may, by
purchase or otherwise, acquire as much land as may be requisite
or desirable for county purposes and may suitably enclose,
improve and embellish the lands so acquired.
Subject to the conditions hereinabove set forth with respect
to the site of the courthouse, jail and other offices, the
commission may, from time to time, as may seem to it proper,
provide, at the expense of the county, a new or other building or
buildings to be used for the courthouse and jail, or for either,
together with suitable offices, as aforesaid, and for that
purpose may acquire, by purchase or otherwise, and hold any
lands, or lands and buildings, which may be necessary and may
enclose, improve and embellish the same. When any new or other
building or buildings shall be ready for occupancy, the countycommission shall make an order declaring that, on a day to be
therein named, the new or other building or buildings shall
become the courthouse, or jail, or both the courthouse and jail
of the county, and shall cause copies of the order to be posted
at the front door of the new as well as of the old courthouse at
least twenty days before the day named in the order; and on and
after the day named the new or other building or buildings shall
become, respectively, the courthouse, or jail, or both the
courthouse and jail of the county in all respects and for all
purposes. After the change shall have been made the county
commission may sell or otherwise dispose of, as may seem to it
proper, the building or buildings previously used as a courthouse
and jail, or either, and the land on which they are, or either
is, situated, and of the interest of the county therein.
Notwithstanding any other provision of this code to the
contrary, any county commission providing and maintaining a jail
on the effective date of this article shall not be required to
provide and maintain a jail after a regional jail becomes
available pursuant to the provisions of article twenty, chapter
thirty-one of this code, unless the county commission determines
that such a facility is necessary:
Provided, That such county
commission may provide and maintain a holding facility which
complies with the standards set forth for such holding facilities
in legislative rules promulgated by the jail and correctional
facility standards commission or its predecessor, the jail and
prison standards commission.
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