February 7, 2017, Introduced by Reps. Zemke, Moss, Wittenberg, Rabhi, Durhal, Byrd, Gay-Dagnogo, Ellison, Cochran, Green, Schor, Chang, Chirkun and Camilleri and referred to the Committee on Elections and Ethics.
A bill to amend 1865 PA 124, entitled
"An act to designate the holidays to be observed in acceptance and
payment of bills of exchange, bank checks and promissory notes, the
business of banking, savings and loan, building and loan, municipal
offices, the holding of courts and relative to the continuance of
suits,"
by amending section 1 (MCL 435.101), as amended by 1984 PA 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) The following days namely: shall be considered and
treated as the first day of the week, commonly called Sunday, and
as public holidays or half holidays:
(a)
January 1, New Year's day; the Day.
(b)
The third Monday in of January
in conjunction with the
federal
holiday, Martin Luther King, Jr. day; Day.
(c)
February 12, Lincoln's birthday; the
Birthday.
(d)
The third Monday of February,
Washington's birthday; the
Birthday.
(e)
The last Monday of May, Memorial or
Decoration day; Day.
(f)
July 4. ; the
(g)
The first Monday in of September,
Labor day; the Day.
(h)
The second Monday in of October,
Columbus day; Day.
(i)
November 11, Veterans' day; Day.
(j)
December 25, Christmas day; every Day.
(k) Every Saturday from 12 noon until 12 midnight, which is
designated
a half holiday. ; and the
(l) The fourth
Thursday of November, Thanksgiving day, Day.
(m) Every day that falls on a date established as a regular
election date in section 641 of the Michigan election law, 1954 PA
116, MCL 168.641. For holidays established by this subdivision, all
employers are encouraged to give their employees at least a half
day of paid leave to ensure a sufficient opportunity to vote.
(2) Subsection (1) applies for all purposes regarding the
presenting for payment or acceptance, and the protesting and giving
notice of the dishonor of bills of exchange, bank checks, and
promissory
notes, also and for the holding of courts, except as
otherwise
provided in this act. , shall be treated and considered
as
the first day of the week, commonly called Sunday, and as public
holidays
or half holidays. Bills, checks,
and notes otherwise
presentable
for acceptance of payment on these the days described
in subsection (1) shall be considered as payable and presentable
for acceptance or payment on the next secular or business day
following the holiday or half holiday.
(3) A law in this state shall does not
affect the validity of,
or render void or voidable, the payment, certification, or
acceptance of a check or other negotiable instrument or any other
transaction by a bank in this state, because done or performed on a
Saturday between 12 noon and 12 midnight, if the payment,
certification, acceptance, or other transaction would be valid if
done or performed before 12 noon on that Saturday. This act does
not compel a bank, savings and loan association, or building and
loan association in this state, which by law or custom is entitled
to close at 12 noon on a Saturday, to keep open for the transaction
of business or to perform the acts or transactions described in
this section, on a Saturday after that hour except at its own
option. in
construing Under this section, every Saturday, unless a
whole holiday, shall for the holding of court and the transaction
of business authorized by the laws of this state be considered a
secular or business day.
(4) If the return or adjourn day in an action, matter, or
hearing
before a court, officer, referee, or arbitrators,
arbitrator falls on any of the days mentioned in this section
except Sunday, then that action, matter, or proceeding, commenced
or adjourned, shall not, by reason of coming on any of those days
except Sunday, abate, but shall stand continued on the next
succeeding day, at the same time and place unless the next day is
the first day of the week, or a holiday, in which case it shall
stand continued to the day succeeding the first day of the week or
holiday,
at the same time and place. When If the first day of the
general
term of a circuit court, as fixed established by the order
of
a circuit judge, falls upon either of the days a day mentioned
in
this section or when if a circuit court is adjourned to a day
mentioned in this section, that court may be adjourned to the
following secular day.
(5) This act shall not prevent does not prohibit or invalidate
the entry, issuance, service, or execution of a writ, summons, or
confession of judgment, or other legal process, the holding of
courts or the transaction of lawful business except banking on any
of the Saturday afternoons designated in this act as half holidays.
,
nor shall this act prevent This
act does not prohibit a bank,
savings and loan association, or building and loan association from
keeping its doors open or transacting its business on Saturday
afternoons, if by vote of its directors it elects to do so.
(6) The legislative body of a county or city may, by ordinance
or resolution, provide for the closing of county or municipal
offices for any or for all purposes on every Saturday.
(7) This act shall does not
affect state employees working on
a Sunday in accordance with their employment as construed by the
civil service commission.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.