HB 4423 Text

ENROLLED
H. B. 4423

(By Delegates Douglas, Hubbard, Leach,

Compton, Warner, Smirl and Fletcher)

[Passed March 9, 2002; in effect ninety days from passage.]

AN ACT to amend and reenact sections one and one-a, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to commemorating the accomplishments of Susan B. Anthony by designating the first Tuesday after the first Monday of November as Susan B. Anthony day, a legal holiday in all years ending in an even number.

Be it enacted by the Legislature of West Virginia:

That sections one and one-a, 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;

(14) General election day on even years shall be designated Susan B. Anthony Day, in accordance with the provisions of subsection(b), section one-a of this article; and

(15) 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.

§2-2-1a. Special memorial days.

(a) The governor shall, by proclamation, declare the week beginning with the Sunday before Thanksgiving as a special memorial week to be known as Native American Indian Heritage Week.

(b) The first Tuesday after the first Monday of November is designated Susan B. Anthony Day and shall only be a legal holiday in all years ending in an even number. The governor shall annually issue a proclamation calling on all schools, civic organizations, government departments and citizens to undertake activities on the designated day and surrounding days to pay tribute to the accomplishments of Susan B. Anthony in securing the civil and political rights of all Americans, including securing equal voting rights for women.

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