Senate Bill No. 50
(By Senators Humphreys, Whitlow, Wiedebusch, Dalton, Bailey,
Withers, Schoonover and Chernenko)
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[Introduced January 18, 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 when holidays that fall on a Saturday or Sunday
are to be observed.
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-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
for state employees which falls on a Saturday shall be observed
on the preceding Friday, and any such holiday which falls on a
Sunday shall be observed on the following Monday.
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 nothingherein 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 provide for the
observance of holidays by state employees when the holidays fall
on a Saturday or Sunday. Holidays falling on a Saturday shall be
observed on the preceding Friday and holidays falling on a Sunday
shall be observed on the following Monday.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.