H. B. 2064
(By Delegates Iaquinta, Longstreth, Caputo and
Swartzmiller)
[Introduced February 11, 2009; referred to the
Committee on Veterans' Affairs and Homeland Security then
Finance.]
A BILL to amend and reenact §2-2-1 of the Code of West Virginia,
1931, as amended, relating to designating December, 7 "Pearl
Harbor Day," as a legal state holiday.
Be it enacted by the Legislature of West Virginia:
That §2-2-1 of the Code of West Virginia, 1931, 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.
(a) The following days are legal holidays:
(1) January 1 is "New Year's Day";
(2) The third Monday of January is "Martin Luther King's
Birthday";
(3) The third Monday of February is "Presidents' Day";
(4) The last Monday in May is "Memorial Day";
(5) June 20 is "West Virginia Day";
(6) July 4 is "Independence Day";
(7) The first Monday of September is "Labor Day";
(8) The second Monday of October is "Columbus Day";
(9) November 11 is "Veterans' Day";
(10) The fourth Thursday of November is "Thanksgiving Day";
(11) The day after Thanksgiving Day is "Lincoln's Day";
(12) December 7 is "Pearl Harbor Day";
(12) (13) December 25 is "Christmas Day";
(13) (14) 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) (15) General election day on even years shall be
designated Susan B. Anthony Day, in accordance with the provisions
of subsection (b), section 1-a of this article; and
(15) (16) 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 Subsection(b) shall
not apply to subdivisions
(13) (14),
(14) (15) and
(15) (16),
subsection (a) of this section.
(c) Any
entire or partial 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
it
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 in 31A-5-2.
NOTE: The purpose of this bill is to designate December, 7
"Pearl Harbor Day," as a legal state holiday.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.