Senate Bill No. 100
(By Senator Tomblin)
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[Introduced January 25, 1994;
referred to the Committee on Government Organization;
and then to the Committee on Finance.]
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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 if the chief
executive officer of the municipality or county commission
elects to observe that holiday.
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, if the
chief executive officer of the municipality or the countycommission of the county elects to observe the date as a holiday
for municipal or county employees, 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, if the chief
executive officer of the municipality or the county commission of
the county elects to observe that holiday.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.