PRINTER'S NO. 991
No. 889 Session of 1995
INTRODUCED BY LUCYK, JAROLIN, PESCI, ROBERTS, COLAIZZO, LaGROTTA, TRELLO, BELARDI, McCALL, MIHALICH, OLASZ, CORRIGAN, PHILLIPS, STERN, ROONEY, LYNCH, LAUGHLIN, COLAFELLA, CIVERA, THOMAS, CAWLEY, PISTELLA AND LEDERER, FEBRUARY 28, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 28, 1995
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 of the act of May 31, 1893 (P.L.188, 10 No.138), referred to as the Legal Holiday Law, amended December 11 13, 1985 (P.L.329, No.88), is amended to read: 12 Section 1. Be it enacted, &c., That the following days and 13 half days, namely: the first day of January, commonly called New 14 Year's Day, the third Monday of January, known as Dr. Martin 15 Luther King, Jr. Day, the third Monday of February, known as 16 Presidents' Day, Good Friday, the [last Monday in] thirtieth day 17 of May, known as Memorial Day, the fourteenth day of June, known 18 as Flag Day, the fourth of July, called Independence Day, the 19 first Monday of September, known as Labor Day, the second Monday
1 in October, known as Columbus Day, the first Tuesday after the 2 first Monday of November, Election Day, the eleventh day of 3 November, known as Veterans' Day, the fourth Thursday in 4 November, known as Thanksgiving Day, the twenty-fifth day of 5 December, known as Christmas Day; and every Saturday, after 6 twelve o'clock noon until twelve o'clock midnight, each of which 7 Saturdays is hereby designated a half holiday; and any day 8 appointed or recommended by the Governor of this State or the 9 President of the United States as a day of thanksgiving or 10 fastings and prayer, or other religious observance; and in the 11 event of a financial crisis in the State or Nation, any day or 12 days appointed by the Governor of this State or the President of 13 the United States as a bank holiday; and in the event of public 14 calamity in any part of the State through fire, flood, famine, 15 violence, riot, insurrection, or enemy action, any day or days 16 appointed by the Governor of this State as a bank holiday for 17 banking institutions affected by such public calamity shall, for 18 all purposes whatever as regards the presenting for payment or 19 acceptance, and as regards the protesting and giving notice of 20 the dishonor of bills of exchange, checks, drafts, and 21 promissory notes, made after the passage of this act, be treated 22 and considered as the first day of the week, commonly called 23 Sunday, and as public holidays and half holidays; and all such 24 bills, checks, drafts, and notes otherwise presentable for 25 acceptance or payment on any of the said days, shall be deemed 26 to be payable and be presentable for acceptance or payment on 27 the secular or business day next succeeding such holiday or half 28 holiday; except checks, drafts, bills of exchange, and 29 promissory notes, payable at sight or on demand, which would 30 otherwise be payable on any half holiday Saturday, shall be 19950H0889B0991 - 2 -
1 deemed to be payable at or before twelve o'clock noon of such 2 half holiday: Provided, however, That for the purpose of 3 protesting or otherwise holding liable any party to any bill of 4 exchange, check, draft, or promissory note, and which shall not 5 have been paid before twelve o'clock noon of any Saturday 6 designated a half holiday as aforesaid, a demand for acceptance 7 or payment thereof shall not be made, and notice of protest or 8 dishonor thereof shall not be given, until the next succeeding 9 secular or business day: And provided further, That when any 10 person, firm, corporation or company shall, on any Saturday 11 designated a half holiday, receive for collection any check, 12 bill of exchange, draft, or promissory note, such person, firm, 13 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 19950H0889B0991 - 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 or the twenty-fifth 14 day of December whenever any of such holidays shall occur on a 15 Saturday with like effect hereunder as though such day had been 16 designated as a full holiday by the provisions of this act. 17 Section 2. This act shall take effect immediately. A6L38JLW/19950H0889B0991 - 4 -