H. B. 2122
(By Delegates Kuhn and Collins)
[Introduced Janaury 13, 1999; referred to the
Committee on Finance.]
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 making Christmas eve a
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.
(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-fourth day of December is "Christmas Eve";
(12) (13) The twenty-fifth day of December is "Christmas
(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; and
(14) (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
(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.
NOTE: This bill makes Christmas Eve a state holiday.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.