PRINTER'S NO. 1395
No. 1183 Session of 1985
INTRODUCED BY BELFANTI, J. L. WRIGHT, STABACK, KOSINSKI, CIVERA, SEMMEL, BOWSER, KASUNIC, PISTELLA AND JOHNSON, MAY 13, 1985
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 13, 1985
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 that the twenty- 6 fourth day of October shall be known as William Penn's 7 Birthday and observed as a holiday. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 1 of the act of May 31, 1893 (P.L.188, 11 No.138), referred to as the Legal Holiday Law, amended November 12 26, 1978 (P.L.1176, No.275), is amended to read: 13 Section 1. Be it enacted, &c., That the following days and 14 half days, namely: the first day of January, commonly called New 15 Year's Day, the fifteenth day of January, known as Dr. Martin 16 Luther King, Jr. Day, the third Monday of February, known as 17 Presidents' Day, Good Friday, the last Monday in May, known as 18 Memorial Day, the fourteenth day of June, known as Flag Day, the 19 fourth of July, called Independence Day, the first Monday of 20 September, known as Labor Day, the second Monday in October,
1 known as Columbus Day, the twenty-fourth day of October, known 2 as William Penn's Birthday, the first Tuesday after the first 3 Monday of November, Election Day, the eleventh day of November, 4 known as Veterans' Day, the fourth Thursday in November, known 5 as Thanksgiving Day, the twenty-fifth day of December, known as 6 Christmas Day; and every Saturday, after twelve o'clock noon 7 until twelve o'clock midnight, each of which Saturdays is hereby 8 designated a half holiday; and any day appointed or recommended 9 by the Governor of this State or the President of the United 10 States as a day of thanksgiving or fastings and prayer, or other 11 religious observance; and in the event of a financial crisis in 12 the State or Nation, any day or days appointed by the Governor 13 of this State or the President of the United States as a bank 14 holiday; and in the event of public calamity in any part of the 15 State through fire, flood, famine, violence, riot, insurrection, 16 or enemy action, any day or days appointed by the Governor of 17 this State as a bank holiday for banking institutions affected 18 by such public calamity shall, for all purposes whatever as 19 regards the presenting for payment or acceptance, and as regards 20 the protesting and giving notice of the dishonor of bills of 21 exchange, checks, drafts, and promissory notes, made after the 22 passage of this act, be treated and considered as the first day 23 of the week, commonly called Sunday, and as public holidays and 24 half holidays; and all such bills, checks, drafts, and notes 25 otherwise presentable for acceptance or payment on any of the 26 said days, shall be deemed to be payable and be presentable for 27 acceptance or payment on the secular or business day next 28 succeeding such holiday or half holiday; except checks, drafts, 29 bills of exchange, and promissory notes, payable at sight or on 30 demand, which would otherwise be payable on any half holiday 19850H1183B1395 - 2 -
1 Saturday, shall be deemed to be payable at or before twelve 2 o'clock noon of such half holiday: Provided, however, That for 3 the purpose of protesting or otherwise holding liable any party 4 to any bill of exchange, check, draft, or promissory note, and 5 which shall not have been paid before twelve o'clock noon of any 6 Saturday designated a half holiday as aforesaid, a demand for 7 acceptance or payment thereof shall not be made, and notice of 8 protest or dishonor thereof shall not be given, until the next 9 succeeding secular or business day: And provided further, That 10 when any person, firm, corporation or company shall, on any 11 Saturday designated a half holiday, receive for collection any 12 check, bill of exchange, draft, or promissory note, such person, 13 firm, corporation, or company shall not be deemed guilty of any 14 neglect or omission of duty, nor incur any liability, in not 15 presenting for payment or acceptance or collection such check, 16 bill of exchange, draft or promissory note, on that day: And 17 provided further, That, in construing this section, every 18 Saturday designated a half holiday shall, until twelve o'clock 19 noon, be deemed a secular or business day; and the days and half 20 days aforesaid, so designated as holidays and half holidays, 21 shall be considered as public holidays and half holidays for all 22 purposes whatsoever as regards the transaction of business, 23 except that any day or days appointed as a bank holiday shall be 24 regarded as secular or business days for all other purposes than 25 those mentioned in this act: And provided further, That nothing 26 herein contained shall be construed to prevent or invalidate the 27 entry, issuance, service, or execution of any writ, summons, 28 confession of judgment, or other legal process whatever, on any 29 of the holidays or half holidays herein designated as holidays; 30 nor to prevent any banking institution from keeping its doors 19850H1183B1395 - 3 -
1 open or transacting its business, on any Saturday afternoon, if 2 by a vote of its directors it shall elect to do so, unless such 3 Saturday is appointed as a bank holiday under the provisions of 4 this act: And provided further, That any banking institution 5 may, by a vote of its directors, or in the case of a private 6 bank by action of the private banker or bankers, notice of which 7 shall have been posted in its banking house for not less than 8 fifteen days before the taking effect thereof, observe any 9 Saturday throughout the year as a full holiday with like effect 10 hereunder as though such day had been designated as a full 11 holiday by the provisions of this act, and may in the same 12 manner, observe as a full holiday any Monday next following the 13 first day of January, the fourth day of July, the twenty-fourth 14 day of October or the twenty-fifth day of December whenever any 15 of such holidays shall occur on a Saturday with like effect 16 hereunder as though such day had been designated as a full 17 holiday by the provisions of this act. 18 Section 2. This act shall take effect immediately. D25L38RAW/19850H1183B1395 - 4 -