PRINTER'S NO. 430
No. 366 Session of 2003
INTRODUCED BY GABIG, ARGALL, THOMAS, BARRAR, BEBKO-JONES,
BELFANTI, BENNINGHOFF, BISHOP, BUNT, CAPPELLI, CORRIGAN,
CRAHALLA, CREIGHTON, CRUZ, CURRY, DALEY, DeWEESE, EACHUS,
FAIRCHILD, FLEAGLE, FORCIER, GOODMAN, HARHAI, HENNESSEY,
HERMAN, HORSEY, HUTCHINSON, JAMES, JOSEPHS, KIRKLAND,
LAUGHLIN, LEACH, LEH, LEWIS, MANN, MARKOSEK, McCALL, MELIO,
MYERS, PETRARCA, PIPPY, READSHAW, ROEBUCK, ROHRER, SATHER,
SCAVELLO, B. SMITH, T. STEVENSON, TIGUE, TURZAI, WATSON, WILT
AND YOUNGBLOOD, FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2003
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," adding a holiday in honor of
6 Frederic Douglass.
7 PREAMBLE
8 The General Assembly finds and declares as follows:
9 (1) Frederic Douglass escaped from slavery to become a
10 noted antislavery lobbyist, an eloquent speaker, a newspaper
11 editor, a distinguished member of the Republican Party and a
12 foreign diplomat.
13 (2) The accomplishments of Frederic Douglass merit honor
14 throughout the nation and in this Commonwealth.
15 (3) A declaration of a legal holiday is an appropriate
16 way to honor Frederic Douglass.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Section 1 of the act of May 31, 1893 (P.L.188,
4 No.138), referred to as the Legal Holiday Law, amended December
5 13, 1985 (P.L.329, No.88), is amended to read:
6 Section 1. Be it enacted, &c., That the following days and
7 half days, namely: the first day of January, commonly called New
8 Year's Day, the third Monday of January, known as Dr. Martin
9 Luther King, Jr. Day, the third Monday of February, known as
10 Presidents' Day, Good Friday, the last Monday in May, known as
11 Memorial Day, the fourteenth day of June, known as Flag Day, the
12 fourth of July, called Independence Day, the first Monday of
13 September, known as Labor Day, the second Monday in October,
14 known as Columbus Day, the first Tuesday after the first Monday
15 of November, Election Day, the eleventh day of November, known
16 as Veterans' Day, the fourth Thursday in November, known as
17 Thanksgiving Day, the first Monday after the fourth Thursday in
18 November, known as Frederic Douglass Day, the twenty-fifth day
19 of December, known as Christmas Day; and every Saturday, after
20 twelve o'clock noon until twelve o'clock midnight, each of which
21 Saturdays is hereby designated a half holiday; and any day
22 appointed or recommended by the Governor of this State or the
23 President of the United States as a day of thanksgiving or
24 fastings and prayer, or other religious observance; and in the
25 event of a financial crisis in the State or Nation, any day or
26 days appointed by the Governor of this State or the President of
27 the United States as a bank holiday; and in the event of public
28 calamity in any part of the State through fire, flood, famine,
29 violence, riot, insurrection, or enemy action, any day or days
30 appointed by the Governor of this State as a bank holiday for
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1 banking institutions affected by such public calamity shall, for
2 all purposes whatever as regards the presenting for payment or
3 acceptance, and as regards the protesting and giving notice of
4 the dishonor of bills of exchange, checks, drafts, and
5 promissory notes, made after the passage of this act, be treated
6 and considered as the first day of the week, commonly called
7 Sunday, and as public holidays and half holidays; and all such
8 bills, checks, drafts, and notes otherwise presentable for
9 acceptance or payment on any of the said days, shall be deemed
10 to be payable and be presentable for acceptance or payment on
11 the secular or business day next succeeding such holiday or half
12 holiday; except checks, drafts, bills of exchange, and
13 promissory notes, payable at sight or on demand, which would
14 otherwise be payable on any half holiday Saturday, shall be
15 deemed to be payable at or before twelve o'clock noon of such
16 half holiday: Provided, however, That for the purpose of
17 protesting or otherwise holding liable any party to any bill of
18 exchange, check, draft, or promissory note, and which shall not
19 have been paid before twelve o'clock noon of any Saturday
20 designated a half holiday as aforesaid, a demand for acceptance
21 or payment thereof shall not be made, and notice of protest or
22 dishonor thereof shall not be given, until the next succeeding
23 secular or business day: And provided further, That when any
24 person, firm, corporation or company shall, on any Saturday
25 designated a half holiday, receive for collection any check,
26 bill of exchange, draft, or promissory note, such person, firm,
27 corporation, or company shall not be deemed guilty of any
28 neglect or omission of duty, nor incur any liability, in not
29 presenting for payment or acceptance or collection such check,
30 bill of exchange, draft or promissory note, on that day: And
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1 provided further, That, in construing this section, every
2 Saturday designated a half holiday shall, until twelve o'clock
3 noon, be deemed a secular or business day; and the days and half
4 days aforesaid, so designated as holidays and half holidays,
5 shall be considered as public holidays and half holidays for all
6 purposes whatsoever as regards the transaction of business,
7 except that any day or days appointed as a bank holiday shall be
8 regarded as secular or business days for all other purposes than
9 those mentioned in this act: And provided further, That nothing
10 herein contained shall be construed to prevent or invalidate the
11 entry, issuance, service, or execution of any writ, summons,
12 confession of judgment, or other legal process whatever, on any
13 of the holidays or half holidays herein designated as holidays;
14 nor to prevent any banking institution from keeping its doors
15 open or transacting its business, on any Saturday afternoon, if
16 by a vote of its directors it shall elect to do so, unless such
17 Saturday is appointed as a bank holiday under the provisions of
18 this act: And provided further, That any banking institution
19 may, by a vote of its directors, or in the case of a private
20 bank by action of the private banker or bankers, notice of which
21 shall have been posted in its banking house for not less than
22 fifteen days before the taking effect thereof, observe any
23 Saturday throughout the year as a full holiday with like effect
24 hereunder as though such day had been designated as a full
25 holiday by the provisions of this act, and may in the same
26 manner, observe as a full holiday any Monday next following the
27 first day of January, the fourth day of July or the twenty-fifth
28 day of December whenever any of such holidays shall occur on a
29 Saturday with like effect hereunder as though such day had been
30 designated as a full holiday by the provisions of this act.
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1 Section 2. This act shall take effect in 60 days.
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