As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                             H. B. No. 738       5            

      1999-2000                                                    6            


    REPRESENTATIVES BRADING-ALLEN-SULLIVAN-SCHULER-VAN VYVEN-      8            

   DAMSCHRODER-WILLAMOWSKI-HARTNETT-TRAKAS-MEAD-BUCHY-GOODMAN-     9            

                TAYLOR-WILLIAMS-ASLANIDES-AUSTRIA                  10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 1.14, 124.19, and 3313.63 of the    13           

                Revised Code to correct a reference to federal     14           

                law in the Ohio laws designating Memorial Day as   15           

                a state holiday.                                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That sections 1.14, 124.19, and 3313.63 of the   19           

Revised Code be amended to read as follows:                        20           

      Sec. 1.14.  The time within which an act is required by law  29           

to be done shall be computed by excluding the first and including  30           

the last day; except that, when the last day falls on Sunday or a  31           

legal holiday, then the act may be done on the next succeeding     32           

day which THAT is not Sunday or a legal holiday.                   33           

      When a public office in which an act, required by law, is    35           

to be performed is closed to the public for the entire day which   36           

THAT constitutes the last day for doing such THE act or before     38           

its usual closing time on such THAT day, then such THE act may be  40           

performed on the next succeeding day which THAT is not a Sunday    41           

or a legal holiday as defined in this section.                     43           

      "Legal holiday" as used in this section means the following  45           

days:                                                              46           

      (A)  The first day of January, known as New Year's day;      48           

      (B)  The third Monday in January, known as Martin Luther     50           

King day;                                                          51           

      (C)  The third Monday in February, known as                  53           

                                                          2      


                                                                 
Washington-Lincoln day;                                            54           

      (D)  The day designated in the "Act of September 18 JUNE     57           

28, 1975 1968," 89 82 Stat. 479 250, 5 U.S.C. 6103, as now or      59           

hereafter amended, for the commemoration of Memorial day;          61           

      (E)  The fourth day of July, known as Independence day;      63           

      (F)  The first Monday in September, known as Labor day;      65           

      (G)  The second Monday in October, known as Columbus day;    67           

      (H)  The eleventh day of November, known as Veterans' day;   69           

      (I)  The fourth Thursday in November, known as Thanksgiving  71           

day;                                                               72           

      (J)  The twenty-fifth day of December, known as Christmas    74           

day;                                                               75           

      (K)  Any day appointed and recommended by the governor of    77           

this state or the president of the United States as a holiday.     78           

      If any day designated in this section as a legal holiday     80           

falls on Sunday, the next succeeding day is a legal holiday.       81           

      Sec. 124.19.  (A)  State holidays shall be the first day of  90           

January, the third Monday in January, the third Monday in          91           

February, the day designated in the "Act of September 18 JUNE 28,  93           

1975 1968," 89 82 Stat. 479 250, 5 U.S.C. 6103, as now or          95           

hereafter amended, for the commemoration of Memorial day, the      97           

fourth day of July, the first Monday in September, the second      98           

Monday in October, the eleventh day of November, the fourth        99           

Thursday in November, the twenty-fifth day of December, and any    100          

day appointed and recommended by the governor of this state or     101          

the president of the United States.  Employees shall be paid for   102          

these holidays as specified in section 124.18 of the Revised       103          

Code.                                                                           

      (B)  The board of trustees of a community college,           105          

technical college, state community college, or state university    106          

or college as defined in division (A)(1) of section 3345.12 of     107          

the Revised Code may, for all employees of the college or          108          

university, observe on days other than those specified in          109          

division (A) of this section any of the holidays otherwise         110          

                                                          3      


                                                                 
observed on the third Monday in January, the third Monday in       111          

February, and the second Monday in October.                        112          

      Sec. 3313.63.  Boards of education may dismiss the schools   121          

under their control on the first day of January, the third Monday  122          

in January, the third Monday in February, the day designated in    123          

the "Act of September 18 JUNE 28, 1975 1968," 89 82 Stat. 479      125          

250, 5 U.S.C. 6103, as now or hereafter amended, for the           127          

commemoration of Memorial day, the fourth day of July, the first   128          

Monday in September, the second Monday in October, the eleventh    129          

day of November, or the succeeding Monday when that day falls on   130          

a Sunday, the fourth Thursday in November, AND the twenty-fifth    131          

day of December, and on any day set apart by proclamation of the   133          

president of the United States, or the governor of this state as   134          

a day of fast, thanksgiving, or mourning, or on the days approved  135          

by the board for teachers' attendance at an educational meeting.   136          

      Section 2.  That existing sections 1.14, 124.19, and         138          

3313.63 of the Revised Code are hereby repealed.                   139