PRINTER'S NO. 136
No. 135 Session of 1981
INTRODUCED BY DeMEDIO, PETRARCA, WARGO, FEE AND COCHRAN, JANUARY 19, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 19, 1981
AN ACT
1 Amending the act of May 31, 1893 (P.L.188, No.138), entitled "An
2 act designating the days and half days to be observed as
3 legal holidays, and for the payment, acceptance and
4 protesting of bills, notes, drafts, checks and other
5 negotiable paper on such days," providing for observance of
6 Memorial Day and for transactions occurring on that day.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1, act of May 31, 1893 (P.L.188, No.138),
10 entitled "An act designating the days and half days to be
11 observed as legal holidays, and for the payment, acceptance and
12 protesting of bills, notes, drafts, checks and other negotiable
13 paper on such days," amended November 26, 1978 (P.L.1176,
14 No.275), is amended to read:
15 Section 1. Be it enacted, &c., That the following days and
16 half days, namely: the first day of January, commonly called New
17 Year's Day, the fifteenth day of January, known as Dr. Martin
18 Luther King, Jr. Day, the third Monday of February, known as
19 Presidents' Day, Good Friday, the [last Monday in] thirtieth day
1 of May, known as Memorial Day, the fourteenth day of June, known
2 as Flag Day, the fourth of July, called Independence Day, the
3 first Monday of September, known as Labor Day, the second Monday
4 in October, known as Columbus Day, the first Tuesday after the
5 first Monday of November, Election Day, the eleventh day of
6 November, known as Veterans' Day, the fourth Thursday in
7 November, known as Thanksgiving Day, the twenty-fifth day of
8 December, known as Christmas Day; and every Saturday, after
9 twelve o'clock noon until twelve o'clock midnight, each of which
10 Saturdays is hereby designated a half holiday; and any day
11 appointed or recommended by the Governor of this State or the
12 President of the United States as a day of thanksgiving or
13 fastings and prayer, or other religious observance; and in the
14 event of a financial crisis in the State or Nation, any day or
15 days appointed by the Governor of this State or the President of
16 the United States as a bank holiday; and in the event of public
17 calamity in any part of the State through fire, flood, famine,
18 violence, riot, insurrection, or enemy action, any day or days
19 appointed by the Governor of this State as a bank holiday for
20 banking institutions affected by such public calamity shall, for
21 all purposes whatever as regards the presenting for payment or
22 acceptance, and as regards the protesting and giving notice of
23 the dishonor of bills of exchange, checks, drafts, and
24 promissory notes, made after the passage of this act, be treated
25 and considered as the first day of the week, commonly called
26 Sunday, and as public holidays and half holidays; and all such
27 bills, checks, drafts, and notes otherwise presentable for
28 acceptance or payment on any of the said days, shall be deemed
29 to be payable and be presentable for acceptance or payment on
30 the secular or business day next succeeding such holiday or half
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1 holiday; except checks, drafts, bills of exchange, and 2 promissory notes, payable at sight or on demand, which would 3 otherwise be payable on any half holiday Saturday, shall be 4 deemed to be payable at or before twelve o'clock noon of such 5 half holiday: Provided, however, That for the purpose of 6 protesting or otherwise holding liable any party to any bill of 7 exchange, check, draft, or promissory note, and which shall not 8 have been paid before twelve o'clock noon of any Saturday 9 designated a half holiday as aforesaid, a demand for acceptance 10 or payment thereof shall not be made, and notice of protest or 11 dishonor thereof shall not be given, until the next succeeding 12 secular or business day: And provided further, That when any 13 person, firm, corporation or company shall, on any Saturday 14 designated a half holiday, receive for collection any check, 15 bill of exchange, draft, or promissory note, such person, firm, 16 corporation, or company shall not be deemed guilty of any 17 neglect or omission of duty, nor incur any liability, in not 18 presenting for payment or acceptance or collection such check, 19 bill of exchange, draft or promissory note, on that day: And 20 provided further, That, in construing this section, every 21 Saturday designated a half holiday shall, until twelve o'clock 22 noon, be deemed a secular or business day; and the days and half 23 days aforesaid, so designated as holidays and half holidays, 24 shall be considered as public holidays and half holidays for all 25 purposes whatsoever as regards the transaction of business, 26 except that any day or days appointed as a bank holiday shall be 27 regarded as secular or business days for all other purposes than 28 those mentioned in this act: And provided further, That nothing 29 herein contained shall be construed to prevent or invalidate the 30 entry, issuance, service, or execution of any writ, summons, 19810H0135B0136 - 3 -
1 confession of judgment, or other legal process whatever, on any 2 of the holidays or half holidays herein designated as holidays; 3 nor to prevent any banking institution from keeping its doors 4 open or transacting its business, on any Saturday afternoon, if 5 by a vote of its directors it shall elect to do so, unless such 6 Saturday is appointed as a bank holiday under the provisions of 7 this act: And provided further, That any banking institution 8 may, by a vote of its directors, or in the case of a private 9 bank by action of the private banker or bankers, notice of which 10 shall have been posted in its banking house for not less than 11 fifteen days before the taking effect thereof, observe any 12 Saturday throughout the year as a full holiday with like effect 13 hereunder as though such day had been designated as a full 14 holiday by the provisions of this act, and may in the same 15 manner, observe as a full holiday any Monday next following the 16 first day of January, the fourth day of July or the twenty-fifth 17 day of December whenever any of such holidays shall occur on a 18 Saturday with like effect hereunder as though such day had been 19 designated as a full holiday by the provisions of this act. 20 Section 2. This act shall take effect immediately. A2L38CNC/19810H0135B0136 - 4 -