See other bills
under the
same topic
                               CORRECTIVE REPRINT
        PRIOR PRINTER'S NO. 430                       PRINTER'S NO. 1864

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -