Senate Bill No. 456
(By Senator Dalton)
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[Introduced February 21, 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 Christmas Eve is an official holiday for all
state, county and municipal employees and employees of
governmental authorities.
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, commonlycalled "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-fourth day of December, commonly called "Christmas Eve";
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.
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 schoolholidays provided for in section two, article five, chapter
eighteen-a of this code.
NOTE: The purpose of this bill is to designate December 24,
or Christmas Eve as a holiday for all state, municipal and county
employees and employees of governmental authorities created by an
act of the Legislature.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.