As Passed by the Senate                       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-TERWILLEGER-EVANS-         10           

     FLANNERY-SULZER-CATES-WIDENER-SALERNO-SENATORS GARDNER-       11           

                       SPADA-HARRIS-WATTS                          12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 1.14, 124.19, and 3313.63 of the    16           

                Revised Code to correct a reference to federal     17           

                law in the Ohio laws designating Memorial Day as   18           

                a state holiday.                                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 1.14, 124.19, and 3313.63 of the   22           

Revised Code be amended to read as follows:                        23           

      Sec. 1.14.  The time within which an act is required by law  32           

to be done shall be computed by excluding the first and including  33           

the last day; except that, when the last day falls on Sunday or a  34           

legal holiday, then the act may be done on the next succeeding     35           

day which THAT is not Sunday or a legal holiday.                   36           

      When a public office in which an act, required by law, is    38           

to be performed is closed to the public for the entire day which   39           

THAT constitutes the last day for doing such THE act or before     41           

its usual closing time on such THAT day, then such THE act may be  43           

performed on the next succeeding day which THAT is not a Sunday    44           

or a legal holiday as defined in this section.                     46           

      "Legal holiday" as used in this section means the following  48           

days:                                                              49           

      (A)  The first day of January, known as New Year's day;      51           

      (B)  The third Monday in January, known as Martin Luther     53           

                                                          2      


                                                                 
King day;                                                          54           

      (C)  The third Monday in February, known as                  56           

Washington-Lincoln day;                                            57           

      (D)  The day designated in the "Act of September 18 JUNE     60           

28, 1975 1968," 89 82 Stat. 479 250, 5 U.S.C. 6103, as now or      62           

hereafter amended, for the commemoration of Memorial day;          64           

      (E)  The fourth day of July, known as Independence day;      66           

      (F)  The first Monday in September, known as Labor day;      68           

      (G)  The second Monday in October, known as Columbus day;    70           

      (H)  The eleventh day of November, known as Veterans' day;   72           

      (I)  The fourth Thursday in November, known as Thanksgiving  74           

day;                                                               75           

      (J)  The twenty-fifth day of December, known as Christmas    77           

day;                                                               78           

      (K)  Any day appointed and recommended by the governor of    80           

this state or the president of the United States as a holiday.     81           

      If any day designated in this section as a legal holiday     83           

falls on Sunday, the next succeeding day is a legal holiday.       84           

      Sec. 124.19.  (A)  State holidays shall be the first day of  93           

January, the third Monday in January, the third Monday in          94           

February, the day designated in the "Act of September 18 JUNE 28,  96           

1975 1968," 89 82 Stat. 479 250, 5 U.S.C. 6103, as now or          98           

hereafter amended, for the commemoration of Memorial day, the      100          

fourth day of July, the first Monday in September, the second      101          

Monday in October, the eleventh day of November, the fourth        102          

Thursday in November, the twenty-fifth day of December, and any    103          

day appointed and recommended by the governor of this state or     104          

the president of the United States.  Employees shall be paid for   105          

these holidays as specified in section 124.18 of the Revised       106          

Code.                                                                           

      (B)  The board of trustees of a community college,           108          

technical college, state community college, or state university    109          

or college as defined in division (A)(1) of section 3345.12 of     110          

the Revised Code may, for all employees of the college or          111          

                                                          3      


                                                                 
university, observe on days other than those specified in          112          

division (A) of this section any of the holidays otherwise         113          

observed on the third Monday in January, the third Monday in       114          

February, and the second Monday in October.                        115          

      Sec. 3313.63.  Boards of education may dismiss the schools   124          

under their control on the first day of January, the third Monday  125          

in January, the third Monday in February, the day designated in    126          

the "Act of September 18 JUNE 28, 1975 1968," 89 82 Stat. 479      128          

250, 5 U.S.C. 6103, as now or hereafter amended, for the           130          

commemoration of Memorial day, the fourth day of July, the first   131          

Monday in September, the second Monday in October, the eleventh    132          

day of November, or the succeeding Monday when that day falls on   133          

a Sunday, the fourth Thursday in November, AND the twenty-fifth    134          

day of December, and on any day set apart by proclamation of the   136          

president of the United States, or the governor of this state as   137          

a day of fast, thanksgiving, or mourning, or on the days approved  138          

by the board for teachers' attendance at an educational meeting.   139          

      Section 2.  That existing sections 1.14, 124.19, and         141          

3313.63 of the Revised Code are hereby repealed.                   142