PRINTER'S NO. 2764
No. 2133 Session of 1976
INTRODUCED BY RICHARDSON, BERLIN, IRVIS, HAMMOCK, BARBER,
GIAMMARCO, TOLL, A. P. KELLY, REED, KOWALYSHYN, RITTER,
LAUGHLIN, ROSS, RUGGIERO, MISCEVICH, KATZ, JOHNSON,
GREENFIELD, SCIRICA, BEREN, W. D. HUTCHINSON, GLEASON,
SHELTON, BUTERA, HASKELL, OLIVER AND WOJDAK, FEBRUARY 9, 1976
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 9, 1976
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 fifteenth
6 day of January shall be known as Dr. Martin Luther King, Jr.
7 Day and observed as a holiday.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1, act of May 31, 1893 (P.L.188, No.138),
11 entitled "An act designating the days and half days to be
12 observed as legal holidays, and for the payment, acceptance and
13 protesting of bills, notes, drafts, checks and other negotiable
14 paper on such days," amended April 5, 1973 (P.L.12, No.4), is
15 amended to read:
16 Section 1. Be it enacted, &c., That the following days and
17 half days, namely: the first day of January, commonly called New
18 Year's Day, the fifteenth day of January, known as Dr. Martin
19 Luther King, Jr. Day, the twelfth day of February, known as
1 Lincoln's Birthday, the third Monday of February, known as
2 Washington's Birthday, Good Friday, the last Monday in May,
3 known as Memorial Day, the fourteenth day of June, known as Flag
4 Day, the fourth of July, called Independence Day, the first
5 Monday of September, known as Labor Day, the second Monday in
6 October, known as Columbus Day, the first Tuesday after the
7 first Monday of November, Election Day, the eleventh day of
8 November, known as Veterans' Day, the fourth Thursday in
9 November, known as Thanksgiving Day, the twenty-fifth day of
10 December, known as Christmas Day; and every Saturday, after
11 twelve o'clock noon until twelve o'clock midnight, each of which
12 Saturdays is hereby designated a half holiday; and any day
13 appointed or recommended by the Governor of this State or the
14 President of the United States as a day of thanksgiving or
15 fastings and prayer, or other religious observance; and in the
16 event of a financial crisis in the State or Nation, any day or
17 days appointed by the Governor of this State or the President of
18 the United States as a bank holiday; and in the event of public
19 calamity in any part of the State through fire, flood, famine,
20 violence, riot, insurrection, or enemy action, any day or days
21 appointed by the Governor of this State as a bank holiday for
22 banking institutions affected by such public calamity shall, for
23 all purposes whatever as regards the presenting for payment or
24 acceptance, and as regards the protesting and giving notice of
25 the dishonor of bills of exchange, checks, drafts, and
26 promissory notes, made after the passage of this act, be treated
27 and considered as the first day of the week, commonly called
28 Sunday, and as public holidays and half holidays; and all such
29 bills, checks, drafts, and notes otherwise presentable for
30 acceptance or payment on any of the said days, shall be deemed
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1 to be payable and be presentable for acceptance or payment on
2 the secular or business day next succeeding such holiday or half
3 holiday; except checks, drafts, bills of exchange, and
4 promissory notes, payable at sight or on demand, which would
5 otherwise be payable on any half holiday Saturday, shall be
6 deemed to be payable at or before twelve o'clock noon of such
7 half holiday: Provided, however, That for the purpose of
8 protesting or otherwise holding liable any party to any bill of
9 exchange, check, draft, or promissory note, and which shall not
10 have been paid before twelve o'clock noon of any Saturday
11 designated a half holiday as aforesaid, a demand for acceptance
12 or payment thereof shall not be made, and notice of protest or
13 dishonor thereof shall not be given, until the next succeeding
14 secular or business day: And provided further, That when any
15 person, firm, corporation or company shall, on any Saturday
16 designated a half holiday, receive for collection any check,
17 bill of exchange, draft, or promissory note, such person, firm,
18 corporation, or company shall not be deemed guilty of any
19 neglect or omission of duty, nor incur any liability, in not
20 presenting for payment or acceptance or collection such check,
21 bill of exchange, draft or promissory note, on that day: And
22 provided further, That, in construing this section, every
23 Saturday designated a half holiday shall, until twelve o'clock
24 noon, be deemed a secular or business day; and the days and half
25 days aforesaid, so designated as holidays and half holidays,
26 shall be considered as public holidays and half holidays for all
27 purposes whatsoever as regards the transaction of business,
28 except that any day or days appointed as a bank holiday shall be
29 regarded as secular or business days for all other purposes than
30 those mentioned in this act: And provided further, That nothing
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1 herein contained shall be construed to prevent or invalidate the
2 entry, issuance, service, or execution of any writ, summons,
3 confession of judgment, or other legal process whatever, on any
4 of the holidays or half holidays herein designated as holidays;
5 nor to prevent any banking institution from keeping its doors
6 open or transacting its business, on any Saturday afternoon, if
7 by a vote of its directors it shall elect to do so, unless such
8 Saturday is appointed as a bank holiday under the provisions of
9 this act: And provided further, That any banking institution
10 may, by a vote of its directors, or in the case of a private
11 bank by action of the private banker or bankers, notice of which
12 shall have been posted in its banking house for not less than
13 fifteen days before the taking effect thereof, observe any
14 Saturday throughout the year as a full holiday with like effect
15 hereunder as though such day had been designated as a full
16 holiday by the provisions of this act, and may in the same
17 manner, observe as a full holiday any Monday next following the
18 first day of January, the fourth day of July or the twenty-fifth
19 day of December whenever any of such holidays shall occur on a
20 Saturday with like effect hereunder as though such day had been
21 designated as a full holiday by the provisions of this act.
22 Section 2. The act of December 30, 1974 (P.L.1037, No.338),
23 entitled "An act providing for the observance of January 15 of
24 each year as Martin Luther King Day," is repealed.
25 Section 3. This act shall take effect immediately.
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