CORRECTIVE REPRINT PRIOR PRINTER'S NO. 430 PRINTER'S NO. 1864
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, SCAVELLO, B. SMITH, T. STEVENSON, TIGUE, TURZAI, WATSON, WILT, YOUNGBLOOD, HARPER, J. EVANS, METCALFE, SHANER, SAYLOR, KELLER, WHEATLEY, REICHLEY AND WALKO, 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 Frederick Douglass. 7 PREAMBLE 8 The General Assembly finds and declares as follows: 9 (1) Frederick 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 Frederick Douglass merit 14 honor throughout the nation and in this Commonwealth. 15 (3) A declaration of a legal holiday is an appropriate
1 way to honor Frederick Douglass. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Section 1 of the act of May 31, 1893 (P.L.188, 5 No.138), referred to as the Legal Holiday Law, amended December 6 13, 1985 (P.L.329, No.88), is amended to read: 7 Section 1. Be it enacted, &c., That the following days and 8 half days, namely: the first day of January, commonly called New 9 Year's Day, the third Monday of January, known as Dr. Martin 10 Luther King, Jr. Day, the third Monday of February, known as 11 Presidents' Day, Good Friday, the last Monday in May, known as 12 Memorial Day, the fourteenth day of June, known as Flag Day, the 13 fourth of July, called Independence Day, the first Monday of 14 September, known as Labor Day, the second Monday in October, 15 known as Columbus Day, the first Tuesday after the first Monday 16 of November, Election Day, the eleventh day of November, known 17 as Veterans' Day, the fourth Thursday in November, known as 18 Thanksgiving Day, the first Monday after the fourth Thursday in 19 November, known as Frederick Douglass Day, the twenty-fifth day 20 of December, known as Christmas Day; and every Saturday, after 21 twelve o'clock noon until twelve o'clock midnight, each of which 22 Saturdays is hereby designated a half holiday; and any day 23 appointed or recommended by the Governor of this State or the 24 President of the United States as a day of thanksgiving or 25 fastings and prayer, or other religious observance; and in the 26 event of a financial crisis in the State or Nation, any day or 27 days appointed by the Governor of this State or the President of 28 the United States as a bank holiday; and in the event of public 29 calamity in any part of the State through fire, flood, famine, 30 violence, riot, insurrection, or enemy action, any day or days 20030H0366B1864 - 2 -
1 appointed by the Governor of this State as a bank holiday for 2 banking institutions affected by such public calamity shall, for 3 all purposes whatever as regards the presenting for payment or 4 acceptance, and as regards the protesting and giving notice of 5 the dishonor of bills of exchange, checks, drafts, and 6 promissory notes, made after the passage of this act, be treated 7 and considered as the first day of the week, commonly called 8 Sunday, and as public holidays and half holidays; and all such 9 bills, checks, drafts, and notes otherwise presentable for 10 acceptance or payment on any of the said days, shall be deemed 11 to be payable and be presentable for acceptance or payment on 12 the secular or business day next succeeding such holiday or half 13 holiday; except checks, drafts, bills of exchange, and 14 promissory notes, payable at sight or on demand, which would 15 otherwise be payable on any half holiday Saturday, shall be 16 deemed to be payable at or before twelve o'clock noon of such 17 half holiday: Provided, however, That for the purpose of 18 protesting or otherwise holding liable any party to any bill of 19 exchange, check, draft, or promissory note, and which shall not 20 have been paid before twelve o'clock noon of any Saturday 21 designated a half holiday as aforesaid, a demand for acceptance 22 or payment thereof shall not be made, and notice of protest or 23 dishonor thereof shall not be given, until the next succeeding 24 secular or business day: And provided further, That when any 25 person, firm, corporation or company shall, on any Saturday 26 designated a half holiday, receive for collection any check, 27 bill of exchange, draft, or promissory note, such person, firm, 28 corporation, or company shall not be deemed guilty of any 29 neglect or omission of duty, nor incur any liability, in not 30 presenting for payment or acceptance or collection such check, 20030H0366B1864 - 3 -
1 bill of exchange, draft or promissory note, on that day: And 2 provided further, That, in construing this section, every 3 Saturday designated a half holiday shall, until twelve o'clock 4 noon, be deemed a secular or business day; and the days and half 5 days aforesaid, so designated as holidays and half holidays, 6 shall be considered as public holidays and half holidays for all 7 purposes whatsoever as regards the transaction of business, 8 except that any day or days appointed as a bank holiday shall be 9 regarded as secular or business days for all other purposes than 10 those mentioned in this act: And provided further, That nothing 11 herein contained shall be construed to prevent or invalidate the 12 entry, issuance, service, or execution of any writ, summons, 13 confession of judgment, or other legal process whatever, on any 14 of the holidays or half holidays herein designated as holidays; 15 nor to prevent any banking institution from keeping its doors 16 open or transacting its business, on any Saturday afternoon, if 17 by a vote of its directors it shall elect to do so, unless such 18 Saturday is appointed as a bank holiday under the provisions of 19 this act: And provided further, That any banking institution 20 may, by a vote of its directors, or in the case of a private 21 bank by action of the private banker or bankers, notice of which 22 shall have been posted in its banking house for not less than 23 fifteen days before the taking effect thereof, observe any 24 Saturday throughout the year as a full holiday with like effect 25 hereunder as though such day had been designated as a full 26 holiday by the provisions of this act, and may in the same 27 manner, observe as a full holiday any Monday next following the 28 first day of January, the fourth day of July or the twenty-fifth 29 day of December whenever any of such holidays shall occur on a 30 Saturday with like effect hereunder as though such day had been 20030H0366B1864 - 4 -
1 designated as a full holiday by the provisions of this act. 2 Section 2. This act shall take effect in 60 days. A22L38VDL/20030H0366B1864 - 5 -